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Understanding how your assets will be handled after death is a critical part of estate planning. The two most common legal tools used to express those wishes are a revocable living trust and a last will and testament. While both allow you to control where your property goes after you die, they function very differently—especially under Texas law.
Each option comes with its own process, advantages, and legal consequences. If you’re unsure which one suits your situation, it’s important to weigh how these two tools impact control, privacy, cost, and court involvement.
Let’s walk through the key differences and practical insights you need to understand when deciding between a revocable living trust and a will.
- What Is a Revocable Living Trust?
- What Is a Will?
- Revocable Living Trust Vs Will: Probate
- Revocable Living Trust Vs Will: Cost and Effort
- Revocable Living Trust Vs Will: Asset Control While Alive
- Revocable Living Trust Vs Will: Real Estate and Multi-State Property
- Revocable Living Trust Vs Will: Naming Guardians for Children
- Revocable Living Trust Vs Will: Privacy
- Revocable Living Trust Vs Will: Contesting and Legal Challenges
What Is a Revocable Living Trust?
A revocable living trust is a legal document you create during your lifetime to manage your assets. You can change it or cancel it at any time, as long as you’re still mentally competent. You place property into the trust and name yourself as the trustee, which means you still have control over those assets.
When you pass away, the person you named as your successor trustee takes over and distributes the assets to the beneficiaries you listed—without court involvement.
In Texas, a revocable living trust is particularly useful for avoiding probate. Texas does offer a simplified probate process, but some still prefer to avoid it altogether for privacy or efficiency.
Common features:
- You maintain full control while alive
As the initial trustee, you can manage, spend, sell, or move assets just as you would if they weren’t in the trust, so your daily financial life remains unchanged. - You name a backup trustee for when you die or become incapacitated
This successor trustee steps in automatically without the need for court approval, which ensures continuity in handling your finances and estate. - You list who gets what after your death
The trust document includes specific instructions about which beneficiaries receive which assets, allowing you to distribute your estate according to your exact wishes. - No probate is required for assets inside the trust
Because the trust owns the assets, they do not pass through the probate court, making the transfer of property quicker, private, and potentially less expensive for your loved ones.
What Is a Last Will & Testament? Purpose, Validity & ProbateWhat Is a Will?
A will, officially called a last will and testament, is a written document that directs who should receive your property when you die. You can change your will at any time before your death. To be valid in Texas, your will must be signed by you and witnessed by at least two people who are over 14 and not beneficiaries.
Your will only takes effect after your death and must go through probate—a legal process where a court validates your will, settles debts, and approves the asset distribution.
Main characteristics of a will:
- Only works after your death
A will has no legal authority while you’re alive, meaning it cannot be used to manage your property or make decisions if you become incapacitated. - Goes through probate court in your local Texas county
After your death, your will must be submitted to the probate court for validation before any assets can be distributed, which can involve court fees, deadlines, and formal notices. - Lets you name a guardian for minor children
A will is the only estate planning document that allows you to legally nominate someone to care for your underage children if both parents are deceased. - Must meet specific state execution rules to be valid
In Texas, a will must be in writing, signed by you, and witnessed by two credible individuals who are at least 14 years old and not named as beneficiaries, or it may be rejected by the probate court.
Revocable Living Trust Vs Will: Probate
Probate is often the biggest distinction between a will and a revocable living trust. In Texas, probate is generally more straightforward than in other states, but it still involves filing paperwork with the court, waiting for court hearings, and giving creditors time to file claims.
If you use a will:
- Your estate must go through probate
- Probate is a public process
- Your beneficiaries may wait several months or more to receive their inheritance
If you use a revocable living trust:
- No probate is required for assets held in the trust
- Distribution can happen privately and faster
- The trust avoids multiple probate processes if you own property in other states
If you value privacy or want to avoid delays, the trust may offer a smoother route.
Revocable Living Trust Vs Will: Cost and Effort
A will is generally simpler and cheaper to create. You can complete a valid will in one sitting, provided it follows Texas law. However, the probate costs after death—court fees, executor fees, legal costs—can outweigh the upfront simplicity.
A revocable living trust involves more setup:
- You must re-title your assets into the trust name
- You may need help to transfer real estate, bank accounts, and investments
- Initial legal costs are higher than a basic will
That said, your loved ones may spend less money and time later, since there’s no probate.
Revocable Living Trust Vs Will: Asset Control While Alive
A revocable living trust gives you control while you are alive and continues to operate if you become incapacitated. You don’t need a court to step in and appoint someone to manage your property. This is especially helpful if you become unable to handle your financial affairs later in life.
By contrast, a will offers no benefits while you are alive. It only becomes effective upon death. If you lose capacity and haven’t set up powers of attorney or a trust, a Texas court may need to appoint a guardian to handle your affairs.
With a revocable living trust:
- You can name someone to take over without court
- Your finances stay in your control unless you choose otherwise
- You can plan for aging or illness more smoothly
With a will:
- You’ll still need other documents to manage incapacity, like a durable power of attorney or guardianship proceedings
Revocable Living Trust Vs Will: Real Estate and Multi-State Property
If you own real estate in more than one state, using only a will means your estate may face probate in each state. This process, called ancillary probate, can be time-consuming and expensive.
A revocable living trust can hold title to all your real estate, regardless of location. This allows your successor trustee to distribute your property without needing to go through multiple court systems.
Texas residents who own property elsewhere often use a trust for this reason.
Revocable Living Trust Vs Will: Naming Guardians for Children
One important thing a revocable living trust cannot do is name a guardian for your minor children. Only a will can do that.
If you have children under 18, your will should state who you want to raise them. Even if you create a trust, you’ll still need a simple will to handle guardianship and any assets not transferred to the trust.
This is often called a “pour-over will,” which transfers anything left out of the trust into it upon your death.
So while a trust handles most of the asset distribution, you still need a will to:
- Name a guardian for minor children
- Transfer overlooked property to the trust
Revocable Living Trust Vs Will: Privacy
When a will is submitted to probate in Texas, it becomes a matter of public record. Anyone can access the documents, including details about your assets and beneficiaries.
A revocable living trust avoids that. The trust never gets filed in court, and distribution of assets happens privately between the trustee and beneficiaries.
If privacy matters to you or your family, the trust provides more discretion.
Revocable Living Trust Vs Will: Contesting and Legal Challenges
Both wills and trusts can be contested, but the process for challenging a trust can be more difficult.
Wills are easier to challenge because they must go through probate, and the process invites claims from heirs or creditors. Common claims include lack of capacity, undue influence, or improper execution.
Revocable trusts may still be challenged, but since the trust operates outside the court system, those contesting it must take extra steps to bring a lawsuit. This can act as a deterrent for some claims.
If you expect disputes over your estate, a properly drafted and funded trust may offer more stability.
Conclusion
Choosing between a revocable living trust and a will depends on your goals, assets, and family situation. A will is simpler and cheaper upfront, but requires court involvement. A revocable living trust offers privacy, faster access to assets, and better planning during incapacity, but takes more effort to set up correctly.
You don’t have to pick one or the other. Many people use both—a trust to hold and distribute assets efficiently and a will to cover guardianship and backup provisions.
Your estate plan should reflect your preferences for control, privacy, and ease for those you leave behind.
Other Related Posts
- What Are the Pitfalls of a Charitable Remainder Trust You Should Know
- What Happens If You Die Without a Living Will Paperwork in Place?
- Texas Law and Temporary Guardianship Without Court Texas: What You Should Prepare For
- Breaking Down Special Needs Trust Violations for Families and Caregivers
- How Charitable Lead Trusts Work and Why They Matter for Estate Planning
- Why Estate Planners Recommend Living Trust Vs Revocable Living Trust for Almost Everyone
- What Every Texan Needs to Know About How To Make A Living Will
- What Texans Should Know About Legal Guardianship For Adults With Disabilities In Texas
- How a Revocable Living Trust Texas Can Make Life Easier for Your Family
- Types of Charitable Trusts: How to Choose the Right One for Your Cause
- From Confused to Confident: Mastering Your Living Will Vs Last Will in Texas
- Temporary Guardianship Form Texas: A Legal Guide for Parents and Guardians
Frequently Asked Questions
Yes. You need a will to name a guardian for your children and to catch any assets not placed in your trust. This is called a pour-over will.
It depends on your needs. A revocable living trust avoids probate, offers privacy, and provides planning for incapacity. A will is simpler but goes through court.
Yes. You can transfer title of your Texas home to your revocable living trust. You’ll need a new deed filed with the county clerk in your county.
Your debts must still be paid after death. Creditors can still file claims against the trust estate, although the process may be handled privately by the trustee.
Yes. Someone can still file a legal challenge against the trust, but the process is more difficult compared to contesting a will during probate.
