Texas Estate Planning — Statewide
Texas Trusts — Protect Your Estate and Avoid Probate
A properly structured Texas trust allows assets to transfer to your beneficiaries without probate, provides ongoing management for minor or special-needs beneficiaries, and gives you greater control than a will alone. Texas Defense Team handles trust drafting statewide.
Revocable Living Trusts in Texas — Avoiding Probate
A revocable living trust (also called a revocable trust or living trust) is a legal document you create during your lifetime that holds your assets. As the grantor:
• You retain full control of the trust assets while you are alive and competent
• You can change or revoke the trust at any time
• At your death, the trust assets transfer to your named beneficiaries immediately — without going through probate
• A successor trustee you named takes over management seamlessly
In Texas, probate is generally streamlined — but for certain assets (real property in multiple states, large investment accounts, business interests), a living trust provides a direct transfer mechanism that avoids court involvement entirely.
Texas trusts are governed by the Texas Trust Code (Tex. Prop. Code Chapters 111–115).
- Tex. Prop. Code §112.001 — Creation of a Texas trust — requirements
- Tex. Prop. Code §112.051 — Revocable trust — right to revoke or modify
Testamentary Trusts — Created by Your Will
A testamentary trust is created within your will and takes effect at your death. It does not avoid probate (because it is activated through the probate process), but it provides ongoing management of assets for beneficiaries who are:
• Minor children (a guardian of the estate would otherwise control their inheritance)
• Adult children or other beneficiaries with special needs (maintains eligibility for government benefits)
• Beneficiaries with substance abuse issues or financial management challenges
• Beneficiaries who should receive assets over time rather than in a lump sum
Texas Defense Team drafts testamentary trusts as part of comprehensive will packages. The will names the trustee and sets the terms — how long the trust lasts, under what conditions distributions are made, and what happens when the beneficiary reaches a specified age or milestone.
Is a Trust Right for You? Texas Considerations
A revocable living trust makes sense in Texas when:
• You own real property in multiple states and want to avoid probate in each state
• You have a large or complex estate
• You want seamless management if you become incapacitated (the successor trustee steps in without a court guardianship proceeding)
• You have a blended family with complex inheritance concerns
• Privacy is a priority (probate is public record; trust distributions are not)
For most Texas residents with straightforward estates, a well-drafted will with independent administration — and a $299 attorney-reviewed will from MaxWills.ai — provides adequate estate planning without the cost and complexity of a full living trust setup.
Call Texas Defense Team at (512) 599-9000 to discuss whether a trust is appropriate for your specific situation.
Frequently Asked Questions
Does Texas require a trust to be notarized?+
A trust document itself does not require notarization to be valid in Texas. However, if real property is transferred into a trust, the deed transferring that property must be notarized and recorded. A notarized trust document is good practice regardless.
Can a living trust replace a will in Texas?+
Not entirely. Even with a living trust, most estate planning attorneys recommend a 'pour-over will' that transfers any assets you failed to put in the trust to the trust at your death. The pour-over will also names a guardian for minor children — the trust cannot do this.
Do Texas trusts avoid estate taxes?+
Texas has no state estate tax. A revocable living trust does not reduce federal estate taxes (the assets are still in your taxable estate). Irrevocable trusts can be used for federal estate tax planning but involve giving up control of the assets. For most Texas families, federal estate tax (which has a $13+ million exemption as of 2026) is not a concern.