Texans love to debate the “big questions” from UT vs. A&M to corn or flour tortillas to sweet tea or unsweetened.
All tacos aside, when the conversation turns to estate planning, one question rises to the top: Should I create a last will and testament or set up a living trust?
The answer can shape how well you protect your family, your assets, and your legacy.
Both tools ensure your wishes are carried out, but they serve different purposes and carry distinct legal and financial implications.
Understanding the distinctions between them — and how they fit within Texas law — is the first step toward building an estate plan that works when your loved ones need it most.
Before diving into which option might suit you best, it helps to understand what each one actually does — and how Texas law views them.
A Texas last will and testament is a legal document that outlines how your property and possessions should be distributed after your death.
Your will can also name guardians for minor children, appoint an executor to manage your estate, and specify final wishes regarding personal effects, charitable gifts, or family heirlooms.
In Texas, a valid will must generally meet these requirements:
A will becomes effective only after death and must go through probate, a court-supervised process that verifies its validity and oversees the distribution of assets.
A Texas living trust (often called a revocable living trust) is a legal arrangement that allows you to transfer ownership of your property into a trust during your lifetime. You can act as your own trustee, maintaining full control over your assets, and name a successor trustee to manage them upon your death or incapacity.
Key characteristics include:
Note that revocable trust do not shield assets from creditors or lawsuits. If strong asset protection is the goal, irrevocable trusts or legal tools should be explored.
While both wills and trusts are core estate planning tools, they work very differently in practice. The chart below outlines the main distinctions:
| Feature | Texas Last Will and Testament | Texas Living Trust |
| Takes Effect | After death | Immediately upon creation |
| Probate Required | Yes, through Texas probate courts | No, assets in trust typically bypass probate |
| Privacy | Public record once filed with the court | Private — no public disclosure of assets or beneficiaries |
| Cost to Set Up | Usually lower initial cost | Higher initial cost due to setup and funding |
| Control During Lifetime | No control after death | Full control while living; successor trustee manages upon death or incapacity |
| Asset Protection | Limited | Can help shield assets and simplify management if incapacitated* |
| Out-of-State Property | Must go through probate in each state | One trust can manage property in multiple states |
| Ease of Updates | Amendments require formal steps | Can be amended easily while revocable |
*Shielding of assets refers to management continuity and privacy, not protection from creditors unless set up as an irrevocable trust.
Texas has a relatively streamlined probate process compared to many other states, but it can still involve court fees, attorney costs, and several months of delay. Even a straightforward estate can take 6–12 months to settle, while complex estates can take much longer.
A living trust can help avoid this process entirely by allowing assets to pass directly to beneficiaries without court intervention — a major advantage for families who value privacy, efficiency, and reduced stress during a difficult time.
However, for some individuals — particularly those with smaller or simpler estates — a well-drafted will may be sufficient.
Texas also offers “small estate” procedures for estates valued under $75,000 (excluding homestead property), which can further reduce the probate burden. Debt and property type can affect eligibility.
A Texas last will and testament remains a powerful and appropriate choice in many situations, including when:
A will also acts as a safety net even if you have a trust. For example, a “pour-over will” can direct any remaining assets not already in your trust to be transferred into it upon your death.
Creating a Texas living trust can provide significant benefits for individuals and families who:
Trusts can also be paired with specialized provisions — such as special needs trusts, spousal trusts, charitable leads trusts, charitable remainder trusts, gift trusts for children and grandchildren, lifetime trusts for children, gun trusts— to address unique family or financial goals.
Myth 1: Trusts are only for the wealthy.
Fact: Living trusts can be beneficial for anyone who owns real estate, business interests, or multiple investment accounts — not just high-net-worth families.
Myth 2: You don’t need a will if you have a trust.
Fact: Even with a trust, you should have a “pour-over” will to catch any assets not transferred into the trust during your lifetime.
Myth 3: A will can manage my affairs if I become incapacitated.
Fact: A will only takes effect after death. A living trust provides management continuity during your lifetime if you become unable to handle your own affairs.
So, it’s not will vs. trust — it’s often will and trust.
For many Texans, the best estate plan includes both tools working together: a living trust to manage assets efficiently and avoid probate, and a will to cover any remaining details, guardianship, or backup provisions.
The right choice depends on your goals, family circumstances, and the complexity of your estate. Working with an experienced Texas estate planning attorney can help you determine the ideal combination to:
A well-structured estate plan starts with a Texas last will and testament, a Texas living trust, or both, the key is ensuring your documents are valid, up to date, and customized to your unique circumstances.
At B. Sloan Law, we help Texans design personalized estate plans that provide security, privacy, and peace of mind. Our team guides clients through every step — from initial consultation to drafting, funding, and ongoing updates — ensuring that your plan stands the test of time.
Contact B. Sloan Law today to schedule a consultation and discover whether a will, a living trust, or a combination of both is the right foundation for your legacy.