Why Wills Are Often Better Than Trusts for Estate Planning in Texas

DISCLAIMER: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney in Texas for personalized estate planning guidance.

Do you want to make sure your assets go to the right people after you pass?

If you’re a Texas resident, you’ve likely heard about two common estate planning tools: wills and trusts. While both help you plan for the future, a will is often the better choice for most Texans—especially when it comes to simplicity, cost, and legal clarity. 

In this blog, we’ll break down why a will may be more effective than a trust for estate planning in Texas, based on state law, practical considerations, and real-world outcomes. We’ll also explain when a trust might still be a good option.

What’s the Difference Between a Will and a Trust in Texas?

Before we compare them, let’s clarify the basics:

A will is a legal document that takes effect after death. It names an executor to manage your estate and directs how your assets are distributed. Wills must go through probate—a court-supervised process.

A trust, specifically a revocable living trust, allows your assets to pass directly to beneficiaries without probate. It’s created during your lifetime and managed by a trustee.

Both can be effective, but Texas law treats them differently, and one often offers better value for most people.

1. Wills Are More Cost-Effective in Texas

Setting up a living trust can be expensive. You’ll need to:

·      Transfer assets into the trust (e.g., real estate, bank accounts, vehicles).

·      Update titles and ownership documents.

·      Maintain the trust over time.

In contrast, a will is simple and affordable. You don’t need to retitle anything during your lifetime. You just:

·      Draft the Will.

·      Sign it with witnesses.

·      Store it safely.

For most Texans—especially those with a modest estate—a will saves time and money without sacrificing control or protection.

2. Texas Probate Is Fast and Reliable

One of the biggest concerns people have about wills is probate. But in Texas, probate is not a long, complicated process.

·      Simplified probate under a Small Estate Affidavit is available for estates under $75,000, along with other qualifying factors. For a Small Estate Affidavit, the deceased must have died without a valid will.

Tex. Est. Code Chapter 205.

·      Standard probate typically takes 9–12 months and is handled efficiently by Texas courts.

·      The process ensures creditors are paid, assets are distributed correctly, and your wishes are followed.

A will ensures your estate is managed legally and transparently—without the risk of errors that can come with self-managed trusts.

3. Wills Are Easier to Update

Life changes. You may get married, have a child, or lose a loved one. A will is much easier to update than a trust.

·      You can add a codicil (an amendment) to your will, or create a new will.

·      No need to retitle property or update financial records.

·      With a trust, you must re-transfer all assets back into your name, update the trust documents, and re-titling everything—a complex, time-consuming process.

In Texas, flexibility matters, and a will gives you more control over changes in your life.

4. Trusts Don’t Always Avoid Problems in Texas

Many people believe a trust avoids probate and, therefore, avoids all estate issues. But that’s not always true.

·      Trusts don’t avoid all taxes. Texas has no estate tax, and the federal estate tax exemption is high.

·      Trusts don’t protect against creditors unless specifically structured.

·      Trusts can be difficult to manage if the trustee is uncooperative or if the trust document is unclear.

In many cases, a well-drafted will with a durable power of attorney and healthcare directive offers equal protection—at a lower cost.

When Might a Trust Be a Better Choice?

A trust may be worth considering if you:

·      Own multiple properties or businesses.

·      Want to avoid probate entirely.

·      Have a blended family or complex inheritance goals.

·      Want to plan for incapacity.

Even then, a hybrid approach—a will plus a trust for key assets—can be effective and cost-efficient.

A Will Is Often the Best Choice for Texas Residents

For most people in Texas, a will is a simple, affordable, and legally sound way to plan your estate. It ensures your assets go to the right people, your family is protected, and your wishes are respected—without the complexity and expense of a trust.

That said, your estate plan should be personalized. Every family situation is different.

If you’re unsure which option is best for you, schedule a consultation with a Texas estate planning attorney.