DIY Joint Revocable Living Trust in Texas: Pros, Cons & What to Expect

Creating a joint revocable living trust can be a practical way for married couples or domestic partners to manage their assets together and simplify how property is handled after death. With the rise of online tools and downloadable forms, many are asking: can you do it yourself?

The short answer is yes, you can. But whether you should depends on what you own, who you want to leave it to, and how confident you are about following legal requirements. Let’s break down what a joint revocable living trust actually is, how it works, when it makes sense to create one yourself, and when it’s better to get professional help.

What Is a Joint Revocable Living Trust?

A joint revocable living trust is a legal document created by two people, usually spouses, that holds ownership of property during your lifetime and outlines what happens after one or both of you pass away.

Here’s how it works:

• You and your spouse (or partner) create the trust together.
• You both serve as co-trustees, which means you manage the assets together while you’re alive.
• You can change or cancel the trust at any time.
• After one of you dies, the surviving spouse typically becomes the sole trustee.
• When the second person dies, the trust names one or more “successor trustees” to distribute what remains.

It can cover real estate, bank accounts, investments, vehicles, and personal property—as long as they are retitled into the name of the trust.

How Does a Joint Revocable Living Trust Work in Texas?

In Texas, joint revocable living trust are recognized under state property and trust laws. Because Texas is a community property state, this type of trust is especially popular among married couples who want to handle jointly owned assets in one unified plan.

Here’s what you need to know:

• Community property laws impact how assets are shared within a marriage. These rules often simplify trust design, but they also make accuracy in drafting essential.
• Real estate in Texas must be transferred into the trust with a new deed. This often requires a “Warranty Deed to Trustee.”
• You must properly fund the trust by re-titling your assets. A trust without assets is effectively an empty shell.

Texas does not require trusts to be filed with a court or recorded (except for property deeds), which makes it easy to keep things private. However, any missteps in funding or language can lead to probate or legal challenges later.

Should You Use a DIY Joint Revocable Living Trust Kit?

You can find many do-it-yourself options online. They often include templates and step-by-step instructions. But before you decide to go that route, weigh the pros and cons carefully.

Benefits of a DIY Approach

• Cost savings: You avoid professional fees, which can be high for full estate plans.
• Speed: You control the timeline and can complete it quickly.
• Simplicity: If your situation is straightforward and your estate is small, it might be enough.

Risks of Doing It Yourself

• Incorrect wording:Texas trust law has specific terms that need to be used. A poorly written trust may not hold up.
• Unfunded trusts: Many people forget to retitle their assets into the trust, which means those assets still go through probate.
• Missing documents: A trust should work with your will, durable power of attorney, and medical directives. DIY kits often leave these out or treat them as optional.
• Trouble with real property: Recording deeds in Texas counties requires precise formatting. If you get it wrong, the transfer may not be valid.

If you own property in more than one state, own a business, have a blended family, or have concerns about a beneficiary’s financial habits, doing it yourself might not be the right path.

What Should a Joint Revocable Living Trust Include?

If you still want to go the DIY route, here are the basic elements your joint revocable living trust should cover:

1. Trust name and creation date
2. Names of grantors and trustees (usually the same)
3. Successor trustees to manage things after both of you pass
4. Detailed instructions for managing assets while living
5. Clear terms for distributing assets after death
6. Revocation clause to allow changes or termination
7. Funding instructions or schedules of assets included in the trust

Each asset listed should be titled properly. For example, your bank accounts should read: “Jane and John Smith, Trustees of the Smith Joint Revocable Living Trust, dated June 1, 2025.”

Can a Joint Revocable Living Trust Help Avoid Probate?

One of the most appealing features of a joint revocable living trust is that it can help you and your spouse avoid probate court after either of you dies. Probate is a legal process where a court validates a will and oversees asset distribution. It can be slow, expensive, and public.

When your trust is properly set up and fully funded, the assets titled in its name will not need to pass through probate. After the first spouse dies, the surviving spouse continues managing everything as trustee. When the second spouse dies, the successor trustee follows the instructions in the trust without waiting for court approval.

However, if any assets were left out of the trust or incorrectly titled, those specific items might still go through probate. That’s why regular updates and funding reviews are important.

What Happens After One Spouse Dies?

In a joint revocable living trust, when one spouse dies:

• The surviving spouse typically continues managing the trust.
• The trust may split into sub-trusts if specified, especially for tax or remarriage protection.
• Assets remain in the trust and do not go through probate.
• The successor trustee does not step in yet unless both original trustees are deceased or unable to serve.

The terms should make it clear who takes over and how assets are handled once both spouses are gone.

What Are the Responsibilities of the Successor Trustee?

When both spouses in a joint revocable living trust have passed, the successor trustee takes over. This person (or professional entity) steps into a legal role with real responsibilities. Choosing the right person and clearly outlining their duties in the trust document are essential.

The successor trustee’s responsibilities include:

• Locating and securing trust assets
• Notifying beneficiaries and possibly the IRS
• Paying off debts and expenses from trust assets
• Distributing property as stated in the trust
• Keeping records of all actions taken

This person must act in the best interests of the beneficiaries and follow the trust’s instructions exactly. If you pick someone who is not familiar with finances or who might not handle conflict well, it may be wise to name a co-trustee or corporate trustee.

When Should You Avoid DIY Trusts?

There are times when you should consider working with a licensed attorney who focuses on estate planning in Texas:

• You have minor children or dependents with special needs
• You own property with complex title issues
• You’re part of a blended family and want to keep certain inheritances separate
• You’re trying to plan around Medicaid or long-term care costs
• You need to create sub-trusts for tax planning or asset protection

These situations are not easy to cover using templates. The risk of legal problems or unintended outcomes increases when you don’t get tailored advice.

What to Do After Creating Your Trust

Whether you hire a lawyer or do it yourself, these are the next steps you should take to activate your joint revocable living trust:

• Sign the trust document in front of a notary
• Fund the trust by transferring ownership of property into it
• Update beneficiary designations for any accounts not owned by the trust
• Store your documents safely and tell your successor trustee where they are
• Review your plan every few years, especially after major life changes

Failure to complete any of these steps can weaken the trust and reduce its benefits.

How Often Should You Review Your Joint Revocable Living Trust?

Even a well-prepared joint revocable living trust needs maintenance. Laws can change, your assets may shift, and relationships evolve. Reviewing your trust every three to five years is a smart way to make sure it still does what you need it to do.

You should also review your trust:

• After buying or selling real estate
• If you open or close investment or retirement accounts
• After a birth, death, divorce, or marriage in your family
• When tax laws affecting estates change
• If a named trustee or beneficiary dies or becomes unfit to serve

During the review, you can amend the trust, replace trustees, or adjust how assets are distributed. Since it’s a revocable trust, you and your spouse can change it as needed—as long as both of you are alive and in agreement.

Final Thoughts on Creating Your Joint Revocable Living TrustConclusion

A joint revocable living trust is a smart tool for many couples who want to plan ahead and simplify the transfer of assets. It keeps your estate private, avoids probate, and makes sure your surviving spouse is taken care of.You can create a trust yourself, especially if your estate is modest and your goals are simple. But it’s essential that you do it carefully. One mistake could leave your family with the very legal mess you were trying to avoid. When in doubt, a short meeting with an estate planning professional might save you stress down the road.

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