Do You Need a Trust If You Already Have a Will in Texas?

In Texas, a will and a trust serve different purposes. Many families benefit from having both. A will outlines who inherits your property and who will care for your minor children. A trust, on the other hand, helps manage and protect your assets during your lifetime and allows them to pass to your beneficiaries without going through probate.

Understanding how each document works and how they can complement each other is an important part of building a complete estate plan. Let’s take a closer look at what wills and trusts do and how they fit into your overall estate planning goals.

What Does a Will Do in Texas?

A will is a legal document that becomes effective only after death. It tells the court who should receive your property and names an executor to carry out those instructions.

Key Functions of a Will:

• Name beneficiaries for your property and assets
• Appoints an executor to manage the estate during probate
• Name guardians for any children under age 18
• Allows you to update or revoke it at any time while you are living

In Texas, all wills must go through probate, which means the court oversees the process of verifying the will and distributing your assets. While Texas has a more streamlined probate process than some other states, it is still a public proceeding that takes time and involves court costs.

What Does a Trust Do?

A trust is a separate legal arrangement that holds property for your benefit and for the benefit of those you name as beneficiaries. The most common type used in estate planning is a revocable living trust.

How a Revocable Living Trust Works:

• You transfer ownership of your property into the trust while you are alive.
• You can serve as your own trustee and manage the assets as you normally would.
• If you become incapacitated, a successor trustee steps in to manage your affairs.
• When you pass away, the assets in the trust are distributed directly to your beneficiaries—without court supervision.

Unlike a will, a living trust becomes effective immediately upon creation and remains private. This can be helpful for families who prefer to keep their financial and personal information out of the public record.

Why Many Texans Choose to Have Both

A complete estate planning strategy often includes both a will and a trust. Each serves a unique purpose:

• A will ensures guardians are named for minor children and covers assets that were not placed in your trust.
• A trust allows for efficient management of your assets, avoids probate, and provides continuity if you become incapacitated.

This dual approach ensures that your wishes are honored and your family’s needs are protected, both during your life and after your passing.

Benefits of a Living Trust in Texas

A trust can offer several advantages that a will alone cannot:

• Avoids Probate: Assets in the trust transfer directly to beneficiaries without court involvement.
• Maintains Privacy: Trusts are not public records, unlike wills filed in probate court.
• Provides Incapacity Planning: Your successor trustee can manage finances if you are unable to.
• Simplifies Multi-State Property Ownership: Avoids probate in multiple states if you own property elsewhere.

While trusts offer flexibility, they require careful setup and ongoing management. It’s important to work with an experienced attorney to ensure your trust is properly funded and aligned with your estate goals.

Key Takeaways

• A will and a trust serve different but complementary roles in estate planning.
• A will ensures your property is distributed according to your wishes and names guardians for minor children.
• A living trust helps manage assets during your lifetime, avoids probate, and maintains privacy.
• Many Texans benefit from having both documents as part of a well-rounded estate plan.

Plan for Your Future 

Planning for the future takes care, clarity, and the right legal tools. Whether you need a will, a trust, or both, the key is creating an estate plan that reflects your goals and protects the people you love. At Campbell Law Firm, we take the time to understand your situation and design a plan that brings peace of mind today and security for tomorrow. With over 35 years of experience serving families in Tyler and Mineola, we’re here to guide you through every step of the estate planning process. To start building your plan, schedule a consultation today. 

References: MSN (May 28, 2025): Living Trust vs. Will: What’s the Difference and Which One Do You Need, and Parkland Talk (Jan. 6, 2025): Start the New Year Right: Why Estate Planning Should Be Your Top Resolution for 2025