Wills vs Trusts in Texas (Plain-English Guide)
I’m Harvey L. Cox, a Texas estate planning attorney based in Waco. This page explains wills vs trusts in plain English—what each tool does, what it doesn’t do, and the common coordination mistakes that still lead to probate.
This is general educational information for Texas families—not legal advice.
Start here (recommended)
If you’re just getting started, download my free Avoid Probate in Texas Starter Kit (print-first workbook + checklists).
Quick answer: what’s the difference?
- A will gives instructions for assets that are still in your individual name at death.
- A trust can hold assets and provide a management/distribution system.
Most problems aren’t “document problems.” They’re coordination problems—documents, titles, and beneficiary designations that don’t match.
Does a will avoid probate in Texas?
Generally, no. A will usually guides the probate process; it does not eliminate it for assets titled in your name alone.
Does a trust avoid probate in Texas?
A trust can reduce probate exposure, but only if it’s properly coordinated with your assets.
The most common failure is the “paper trust” problem: the trust exists, but assets were never connected to it.
What a will does (Texas, high level)
A will typically:
- Names an executor
- Names who receives probate assets
- Can include guardianship nominations for minor children
A will typically does not:
- Control assets that pass by beneficiary designation (many retirement accounts and life insurance)
- Fix titling/beneficiary mistakes automatically
What a trust does (Texas, high level)
A trust can help:
- Reduce probate exposure (when assets are connected)
- Provide clearer instructions and guardrails for distribution
- Provide management if incapacity happens first (depending on the structure)
A trust does not automatically:
- Override beneficiary designations that point elsewhere
- Solve every family conflict (it can reduce risk, but it can’t change people)
Other common Texas transfer tools
Many Texas families also use:
- Beneficiary designations (retirement accounts, life insurance, and some financial accounts)
- Transfer on Death Deeds (in certain real estate situations)
These tools can work well, but only when they’re coordinated with the rest of the plan.
Will vs trust vs TOD deed vs beneficiaries (simple comparison)
| Tool | What it’s good at | Common downside |
| Will | Basic instructions; guardianship nominations | Probate still happens for probate assets |
| Trust | Probate reduction; management; clearer distribution system | Must be funded/connected to assets |
| TOD deed / beneficiaries | Fast transfer for specific assets | Can conflict with the plan if not coordinated |
When a will-based plan may be a reasonable starting point
A will-based plan may be reasonable when:
- Your situation is straightforward
- Conflict risk is low
- Most assets already pass by beneficiary designation
Even then, coordination matters—especially beneficiary designations and how assets are titled.
When it may be worth exploring a trust
It may be worth exploring a trust when:
- You own real estate beyond a single homestead
- You want smoother administration and more privacy
- You have a blended family or higher conflict risk
- You want a clearer management system if incapacity happens first
Questions to ask before you choose
- Which assets would still go through probate under each approach?
- What has to be done after signing to make the plan work (funding/coordination)?
- Which accounts pass by beneficiary—and do those beneficiaries match the plan?
- What happens if incapacity happens first?
- Where is family conflict most likely, and how does the plan reduce that risk?
When you should get individualized Texas legal advice
This page is general educational information—not legal advice. If your situation involves any of the following, you should get individualized legal guidance:
- a blended family or second marriage
- special needs planning
- significant business interests or rental properties
- high conflict risk among heirs
- complex assets (multiple properties, mineral interests, etc.)
- major health concerns or long-term care planning needs
Next step
If you want a simple starting point, download my free Avoid Probate in Texas Starter Kit.
If you want to talk it through, you can also schedule a consultation (limited availability).
Disclaimer
This website provides general educational information about estate planning and related topics for Texas families. It is not legal advice and does not create an attorney-client relationship. Legal outcomes depend on your specific facts and circumstances.