Wills and Trusts: Understanding Your Options in Texas
Hannah Law, PC is a full‑service Texas law firm rooted in Friendswood and serving clients across the Houston area. We handle estate planning, probate matters, family law, and related issues. Our team works to simplify legal processes. We draft wills, set up trusts, guide clients through probate, and assist with powers of attorney and advance directives. We also represent clients in divorce, custody, and support cases. When you work with us, you get clear advice, grounded in Texas state law, and a team committed to protecting your rights and your legacy.
Planning for the future starts with clear decisions about how to manage and protect your assets. Wills and trusts are the foundation of a strong estate plan in Texas. Each plays a different role in how property is distributed, how probate court is handled, and how loved ones are cared for. Understanding these tools helps you create a plan that protects your family, saves time, and keeps your wishes in control.
A Friendswood estate planning attorney can guide you through the process and ensure your documents meet Texas state laws.
Understanding the Basics of Wills and Trusts
Wills and trusts are the foundation of any comprehensive estate plan. Each serves a different purpose in managing assets and making important decisions for the future.
What Is a Will?
A will is a legal document that outlines how a person wants to distribute assets after death. It can name an executor, appoint a legal guardian for minor children, and state final wishes. In Texas, a will must meet specific legal requirements to be valid. According to Texas Estates Code §251.051, it must be in writing, signed by the testator, and witnessed by two people. A will becomes active only after death and usually goes through probate court. The probate process verifies the will and oversees the transfer of property to heirs.
What Is a Trust?
A trust is a legal arrangement used to manage and distribute assets. It creates a relationship where one person, the trustee, manages property for the benefit of another person, the beneficiary. Trusts can be active during life or after death. A revocable living trust allows changes during the lifetime of the person who creates it. An irrevocable trust usually cannot be changed after it is made.
Trusts often help avoid probate, reduce delays, and protect privacy. According to Texas Property Code §112.001, a trust is valid when it has a settlor, a trustee, a clear intent, and a specific purpose. Certain trusts can also help manage property in case of incapacity, giving greater control over how assets are used.
Core Differences Between Wills and Trusts
Wills go into effect after death, while living trusts operate during a person’s lifetime. Wills must go through probate, which can be time-consuming and public. Trusts avoid probate and remain private. A will allows for naming guardians for children, while a trust does not. Trusts are useful for managing property and avoiding probate delays. Wills are often simpler and more affordable to create.
Key Differences Between Wills and Trusts in Texas
Wills and trusts handle asset distribution in different ways under Texas law, and each offers distinct advantages based on individual estate planning goals.
Activation Timing
A will becomes effective only after the person dies. It has no legal power during the person’s lifetime. In contrast, a living trust becomes active as soon as it is created and funded. A revocable living trust can manage assets while the person is alive and continue to function after death.
Probate Involvement
A will must go through the probate process. This is a court-supervised procedure where the court validates the will and authorizes the executor to distribute assets. The probate court process in Texas can be time-consuming and may involve court fees and public records. A living trust generally avoids probate. Assets in a funded trust pass directly to beneficiaries without court involvement.
Privacy and Public Records
Wills become part of the public record once filed in probate court. Anyone can access the contents. Trusts are private legal documents. Asset distribution through a trust does not become public, which provides greater privacy for the estate and the beneficiaries.
Asset Management
A trust offers greater control over how and when to distribute assets. For example, a trust can hold money for a minor child and release it in stages. A will distributes assets in a single transfer unless paired with other legal documents. A trust also allows a trustee to manage property during a person’s lifetime in case of incapacity. A will cannot manage assets before death.
Cost and Complexity
Wills are simpler and less expensive to prepare. Trusts cost more up front but may reduce long-term expenses by avoiding probate. Certain trusts, such as an irrevocable trust, require additional legal work and asset transfers. A comprehensive estate plan may include both a will and a trust to manage different aspects of estate planning.
Naming Guardians
Only a will can name a legal guardian for minor children under Texas law. If the goal is to decide who will care for children, a will is necessary. A trust cannot assign guardianship.
Legal Authority and Statutes
Texas Estates Code governs wills, while the Texas Property Code governs trusts. Both documents must meet state law requirements to be valid. A Friendswood estate planning attorney can explain how these laws apply to your specific situation.
What Happens to Your Estate Without a Will or Trust?
Without a legal document in place, Texas state law decides how to distribute your assets and manage important decisions after death.
Texas Intestate Succession Law
When a person dies without a valid will or trust, their estate goes through intestate succession. This means the probate court uses a set formula under Texas Estates Code §201.001 to distribute property. The court gives assets to surviving spouses, children, parents, or other relatives based on this formula. The court does not consider personal wishes, friendships, or non-family relationships.
Probate Court Takes Control
The estate must go through probate court to handle asset distribution. Without clear instructions, the court appoints an administrator to manage the estate. This process often delays asset transfers and may lead to family disputes. Probate also becomes a matter of public record, reducing privacy for surviving loved ones.
No Legal Guardian for Minor Children
If there is no will naming a legal guardian, the court must decide who will care for minor children. This decision may not reflect the parent’s preferences. A will is the only legal document in Texas that can name a guardian in advance.
No Control Over Asset Distribution
Without a trust, there is no structure to control how assets are managed or released. Property passes immediately to heirs as determined by the court. There is no way to delay distributions, protect assets for young beneficiaries, or manage money over time.
Risk of Unintended Outcomes
Without planning, the estate may face higher costs, more time in court, and outcomes that do not match the person’s wishes. Assets may go to distant relatives or be split in unexpected ways. A Friendswood estate planning attorney can help prevent these results by creating a valid will, trust, or full estate plan.
The Probate Process in Texas: What You Should Know
Probate is the legal process used to settle an estate after someone dies, and it affects how assets pass to beneficiaries.
Purpose of Probate
Probate gives the court authority to validate a will, appoint an executor, and oversee asset distribution. If there is no will, the court appoints an administrator and distributes the estate under Texas intestate succession laws. Probate ensures that debts, taxes, and claims are paid before any assets pass to heirs.
Steps in the Probate Process
The process starts when the executor or another person files an application with the probate court. If a will exists, the court confirms its validity. The court then issues letters testamentary or letters of administration, giving the executor legal authority to manage the estate. The executor must notify creditors, inventory assets, pay debts, and eventually distribute the remaining property to beneficiaries.
How Long Probate Takes
Probate in Texas can take several months or longer. Simple estates may close within six months. More complicated matters, such as disputes or missing documents, can delay the process. Court hearings, required filings, and public notice periods extend the timeline.
Costs of Probate
Probate costs may include court fees, attorney fees, executor fees, appraisals, and other administrative expenses. These costs reduce the value of the estate. A trust may reduce or eliminate some of these costs by avoiding court involvement.
Public Nature of Probate
Probate creates a public record. Anyone can view the will, asset inventory, and details about who inherits what. This can raise privacy concerns for families. In contrast, assets in a trust pass privately without court filings.
Avoiding Probate
Many Texans use living trusts to avoid probate. When assets are titled in the name of the trust, they pass directly to the beneficiaries without court approval. A trust also allows for faster distribution and more control over how assets are managed. A Friendswood estate planning lawyer can help decide if a trust is the right tool to avoid probate for your estate.
Contact an Experienced Friendswood Estate Planning Lawyer Today!
Ready to create a plan that protects your family and your assets? The team at Hannah Law, PC is here to help. Our Friendswood estate planning attorneys can guide you through every step of setting up wills, trusts, and other key legal documents.
Contact us at 281-262-1311 for a free case consultation today!
