Do I need a will or a trust?

The short answer

Most Texas families do well with a will, plus powers of attorney and a medical directive. A living trust is worth a look if you want to skip probate entirely, keep your affairs private, or own real estate in another state.

What a will does

• Says who receives your property.
• Names your executor, the person in charge of settling things.
• Names a guardian for children under 18.
• Goes through probate after your death, which in Texas is usually straightforward.
• Can be changed at any time while you’re alive and able to make decisions.

What a living trust does

• Holds your property while you’re alive. You stay in control as the trustee.
• Passes that property to your family without probate.
• Usually stays private. A probated will becomes part of the public record.
• Can manage money over time for young or vulnerable beneficiaries.
• Only covers property you actually move into it, which takes some paperwork.

Side by side

Prices are examples from our fees page.

A will is usually enough if…

• Your property is mostly in Texas.
• You’re comfortable with your family going through a simple probate.
• Your wishes are straightforward and your family gets along.
• Most of your savings are in accounts that already name a beneficiary.

A trust may make sense if…

• You own real estate in another state. Otherwise your family may face probate there too.
• You want your affairs kept private.
• You have a blended family, or a beneficiary who needs help managing money.
• You want detailed plans in case you can’t manage your own affairs one day.

Either way, don’t forget

• A statutory durable power of attorney, for money matters.
• A medical power of attorney.
• A directive to physicians, often called a living will.
• A HIPAA release, so doctors can talk to your family.
• Up-to-date beneficiary forms on retirement accounts and life insurance.
• A transfer on death deed for your home, if you’re using a will.