Simple Will vs. Revocable Living Trust: Which is Right for You?

Simple Will vs. Revocable Living Trust in Texas: Which is Right for You?

Estate planning is one of the most important steps you can take to protect your family, your assets, and your legacy. Yet one of the first questions many Texans ask is:
“Should I create a simple will or a revocable living trust?”

Both tools play a vital role in estate planning, but they serve different purposes and carry distinct advantages. The right choice depends on your goals, the nature of your assets, and how you want your affairs handled during your lifetime and after your death.

Below, I explain how each works, the key pros and cons, and how to determine which option best fits your circumstances.

Understanding a Simple Will in Texas

A simple will is a foundational estate planning document that specifies how your property should be distributed upon your death. It also allows you to appoint an executor to administer your estate and, if applicable, name guardians for minor children.

Legal Requirements in Texas

For a will to be valid under Texas law, it must:

  • Be in writing;
  • Be signed by the testator (the person making the will); and
  • Be witnessed by at least two credible individuals who are over age 14.

Once the testator passes away, the will must go through probate—a court-supervised process to validate the will, settle debts, and distribute the estate.

Advantages of a Simple Will

  1. Straightforward and cost-effective – Drafting a will is generally less expensive and less time-intensive than creating a trust.
  2. Guardian designation – A will is the only legal mechanism in Texas for appointing guardians for minor children.
  3. Simplicity – Ideal for individuals with modest estates or uncomplicated distributions.

Limitations of a Simple Will

  1. Probate required – All wills in Texas must go through probate, which can take several months and involves court oversight. Probate can be expensive as well, with costs ranging from a few thousand to well over ten thousand for contested probate
  2. Public record – Once filed, a will becomes part of the public record, meaning your estate’s details are accessible to anyone.
  3. No incapacity protection – A will only becomes effective at death; it does not authorize anyone to manage your affairs if you become incapacitated, though this can be ameliorated through separate documents. This is why a comprehensive estate plan is important no matter what route you go.

Understanding a Revocable Living Trust

A revocable living trust is a legal arrangement that allows you to transfer ownership of your assets into a trust during your lifetime. You serve as the trustee, maintaining full control over your property, and may amend or revoke the trust at any time.

Upon your death—or if you become incapacitated—a successor trustee you’ve designated steps in to manage or distribute the trust property according to your instructions.

Advantages of a Revocable Living Trust

  1. Avoids probate – Assets held in a properly funded trust bypass the probate process entirely.
  2. Privacy – Unlike a will, a trust does not become part of the public record.
  3. Continuity of management – If you become incapacitated, your successor trustee can seamlessly manage your affairs without court involvement.
  4. Faster, smoother administration – Distributions to beneficiaries can occur without waiting for court approval.
  5. Multi-state convenience – If you own property in more than one state, a trust avoids multiple probate proceedings.

Limitations of a Revocable Living Trust

  1. Higher upfront cost – Establishing and funding a trust typically involves more time and legal expense than preparing a will. These costs are, however, typically far less than probate costs.
  2. Ongoing maintenance – You must ensure assets are properly titled in the trust’s name and update the trust as your circumstances change.

How Texas Law Affects the Decision

Texas is somewhat unique when it comes to probate. While probate can be cumbersome in many states, Texas does offer a relatively efficient process, especially through independent administration—a procedure that allows the executor to manage most estate matters without direct court supervision.

Still, avoiding probate entirely can offer substantial benefits in terms of privacy, simplicity, and speed—especially for individuals with complex estates or property in multiple states.

Other Texas-specific considerations include:

  • Homestead laws and spousal protections, which can affect how certain assets pass regardless of your estate plan.
  • Small estate procedures, which can simplify probate for estates valued under certain thresholds.
  • Community property rules, which may impact how marital assets are titled and transferred.

Get in touch with an estate attorney to discuss how these considerations may impact your estate planning process.

Which Option Is Right for You?

If your estate is modest and you are comfortable with Texas’s streamlined probate process, a simple will may meet your needs.

If you wish to avoid court involvement, protect your privacy, or plan for incapacity, a revocable living trust may be the better option.

In many cases, the most effective estate plan includes both: a revocable living trust to hold major assets and a “pour-over will” to ensure any remaining property is transferred into the trust after your death.

Speak With a Texas Estate Planning Attorney

Every family’s goals and assets are unique. The best estate plan is one that’s tailored to your situation and implemented with care.

A consultation with a Texas estate planning attorney will help bring you peace of mind and ensure you find the option that works best for you and your family.

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