Wills vs. Trusts Under Texas Law

When Texas families start estate planning, one of the first questions they ask is: “Do I need a will or a trust?”

This is an important question — and the answer depends on:

  • your family structure

  • your goals

  • what you own

  • whether you want long-term control

  • and how much probate involvement you want to avoid.

A will and a trust are not competing documents. They are different tools — and many families benefit from having both as part of a coordinated Texas estate plan.

What Is a Will in Texas?

A will is a legal document that directs:

  • who receives your property at death

  • who manages your estate (executor)

  • and who should serve as guardian for minor children (when applicable).

A will is important for nearly every adult — especially parents — because it provides structure and clarity.

However, a will does not avoid probate. It typically works through probate court.

What Is a Trust in Texas?

A trust is a legal structure that allows assets to be managed and distributed under written instructions.

A trust typically includes:

  • the person creating the trust (grantor)

  • the person managing it (trustee)

  • and the people receiving benefits (beneficiaries).

Trusts can be used to:
✅ manage assets during life
✅ provide continuity during incapacity
✅ avoid probate for trust assets
✅ protect beneficiaries
✅ and structure inheritance over time

Key Differences Between Wills and Trusts

While every plan is unique, these are common differences:

✅ Probate Involvement

  • Wills generally require probate.

  • Trusts can reduce probate involvement for assets titled in the trust.

✅ Privacy

  • Probate is a public process.

  • Trust administration is typically private.

✅ Control and Structure

  • Wills often distribute assets directly.

  • Trusts can distribute assets in stages or under ongoing management.

✅ Incapacity Protection

  • Wills only take effect after death.

  • Trusts can provide continuity during incapacity (if properly designed and funded).

When a Will May Be Sufficient

Some families may primarily need:

  • a well-drafted will

  • guardianship nominations

  • powers of attorney

  • and beneficiary coordination

A will-based plan may be sufficient when:

  • the estate is relatively simple

  • probate avoidance is not a major concern

  • and long-term distribution control is not needed.

When a Trust May Be Helpful

Trust planning may be helpful when families want:

  • to reduce probate involvement

  • to avoid delays for beneficiaries

  • to protect minor children or vulnerable beneficiaries

  • to structure distributions beyond age 18

  • to manage blended family planning more carefully

  • to provide continuity for business ownership or complex assets

The key is not whether a trust is “better,” but whether it matches your family’s needs.

Coordinated Planning Matters Most

The strongest plans are coordinated, meaning:

  • wills, trusts, powers of attorney, and beneficiary designations work together

  • assets are titled properly

  • and decision-makers are clearly named.

A trust that is not funded properly may not achieve its purpose.

Considering trust planning for your Texas estate plan?
Trust planning can create stronger protection, reduce probate burdens, and help families plan intentionally for long-term stability — but it must be designed and funded properly.

Helpful resources:


If you’re considering a trust, schedule a consultation to determine whether trust planning fits your goals and how to structure it correctly.