Will vs Trust in Texas

A Texas will directs who receives your property after death and takes effect only through probate, while a revocable living trust holds assets during your lifetime and passes them to beneficiaries without probate. The Texas-specific wrinkle is that independent administration under Texas Estates Code § 401.001 makes probate here comparatively fast and low-friction, so the avoid-probate argument that drives trust marketing in other states carries less weight in Texas — trusts here are usually chosen for incapacity planning, privacy, out-of-state real property, or beneficiaries who need long-term management.

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