Wills vs. Trusts in Texas: Which Is Right for You?

At McMullen Law Group, we often meet with clients who are unsure whether a will or a trust is the best choice for their estate planning. While both tools allow you to state your wishes for how your property and assets will be handled, they function very differently under Texas law.

Choosing between a will and a trust depends on your goals, your assets, and your family’s needs. Let’s break down the key differences so you can make an informed decision.

What Is a Will?

A will (or “last will and testament”) is a legal document that:

• States how your property will be distributed after your death

• Names an executor to manage your estate

• Can appoint a guardian for minor children

In Texas, a will only takes effect after you pass away and must go through probate—the court-supervised process of validating and executing the will.

Advantages of a Will:

• Generally less expensive and simpler to set up

• Allows you to name guardians for minor children

• Can be changed or revoked at any time during your life

Drawbacks of a Will:

• Must go through probate (can be time-consuming and public)

• Assets are distributed outright to beneficiaries—no ongoing control

• More susceptible to being contested in court

What Is a Trust?

A trust is a legal arrangement in which you (the grantor) place assets under the management of a trustee for the benefit of one or more beneficiaries. Trusts can be:

• Revocable (Living) Trusts – Can be changed or revoked during your lifetime

• Irrevocable Trusts – Cannot be easily changed once created

Advantages of a Trust:

• Can bypass or limit probate, speeding up asset distribution

• Maintains privacy (trusts are not public record)

• Allows conditions on how and when assets are distributed

• Can protect assets from creditors, lawsuits, or spendthrift heirs

• Can provide for minor children, blended families, or special needs beneficiaries

• Can manage your assets during incapacity

Drawbacks of a Trust:

• More complex and expensive to establish

• Requires proper “funding” (retitling assets in the trust’s name)

• Needs ongoing maintenance to include new assets

Key Differences Between Wills and Trusts

Feature

Will

Trust

Takes Effect

After death

During life and after death

Probate

Required

Often avoided or reduced

Privacy

Public record

Private

Cost to Set Up

Lower

Higher

Control Over Assets

Lump sum distribution

Conditional or ongoing management

Incapacity Protection

No

Yes (if properly structured)

When a Will Might Be Enough

A will may be the right choice if:

• You have a modest estate

• You mainly need to name guardians for children

• You want a simple, cost-effective plan

• You don’t mind your estate going through probate

When a Trust May Be Better

A trust may be worth considering if you:

• Want to avoid probate for your family

• Have privacy concerns

• Have a large or complex estate

• Have beneficiaries who are minors, have special needs, or aren’t financially responsible

• Have a blended family and want to control exactly how property is passed down

• Want asset protection from creditors or lawsuits

Why Many Texans Use Both

For many families, the best solution is a combination of a will and a trust.

• The will acts as a “safety net” for any assets not placed in the trust (often called a pour-over will).

• The trust manages major assets, sets inheritance conditions, and avoids probate for those assets.

Proper Funding Is Critical

Creating a trust is only the first step—you must also transfer ownership of your assets into the trust. This might include:

• Deeding real estate into the trust’s name

• Changing account ownership for bank or investment accounts

• Naming the trust as a beneficiary for life insurance or retirement accounts

If you don’t fund your trust properly, those assets may still go through probate.

The Bottom Line

• Wills are generally simpler and less expensive but require probate.

• Trusts cost more upfront but offer privacy, flexibility, and probate avoidance.

• The right choice depends on your estate size, family situation, and goals.

Talk to an Experienced Texas Estate Planning Attorney

Estate planning isn’t one-size-fits-all. At McMullen Law Group, we guide clients through the differences between wills and trusts, help you fund a trust properly, and ensure your plan meets Texas legal requirements.

📞 Call us today or visit our website to schedule a consultation. Let’s create a plan that protects your assets, honors your wishes, and makes things easier for your loved ones.