Do I Need a Trust in Texas?
Probate in Texas takes 4 months to 6 months for a simple estate and charges attorney fees of typically 2.2%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source to 3.5%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.
It depends on your estate size. In Texas, estates valued at $75,000Tex. Est. Code § 205.001/205.006Verified Sep 8, 2026View source or less use the Small Estate AffidavitTex. Est. Code § 205.001/205.006Verified Sep 8, 2026View source, 30 daysTex. Est. Code § 205.001/205.006Verified Sep 8, 2026View source after death, a court filing short of full probate. Above that line, probate takes 4 months to 6 months and costs about $27,634Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source on a $500,000 estate. A funded revocable trust avoids probate entirely.
Probate in Texas charges attorney fees of typically 2.2%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source to 3.5%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source of the estate, plus executor fees and court costs: about $27,634Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source on a $500,000 estate all in. A trust avoids probate costs entirely. See a detailed breakdown with the Texas probate calculator.
Texas allows estates valued at $75,000Tex. Est. Code § 205.001/205.006Verified Sep 8, 2026View source or less to use the Small Estate AffidavitTex. Est. Code § 205.001/205.006Verified Sep 8, 2026View source, which avoids full probate administration. In Texas the affidavit is filed with the court, and holders honor the court's certified copy — but no letters testamentary or of administration issue. The waiting period is 30 daysTex. Est. Code § 205.001/205.006Verified Sep 8, 2026View source after death. This route is faster and less expensive than full probate, but a trust avoids it entirely.
Simple estates in Texas typically take 4 months to 6 months through probate; average estates 6 months to 12 months, and estates with disputes or multiple properties longer. A funded revocable trust avoids probate entirely; distributions follow the trustee's administration rather than a court timeline.
A properly funded revocable trust in Texas avoids probate court proceedings, public disclosure of assets and beneficiaries, court-supervised distribution, and the 4 months to 6 months probate timeline. Assets in the trust transfer directly to beneficiaries. Compare the trade-offs with the Texas trust vs. will comparison.
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Learn moreForms for Planning Your Estate in Texas
Free forms for planning your estate in Texas: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Pour-Over Will
In Texas, a pour-over will is signed before 2Tex. Est. Code § 251.051Verified Sep 16, 2026View source witnesses and moves anything left outside the trust into it through probate.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Last Will and Testament
In Texas, a will is signed before 2Tex. Est. Code § 251.051Verified Sep 16, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyTex. Est. Code § 251.051Verified Sep 16, 2026View source.
Healthcare Power of Attorney
Texas allows a choice for a healthcare power of attorney: 2Health & Safety Code § 166.164Verified Oct 15, 2026View source witnesses or a notary.
Financial Power of Attorney
Texas requires explicit durability language for a power of attorney to survive incapacityTex. Est. Code § 751.0021Verified Sep 20, 2026View source, and it is signed before a notaryTex. Est. Code § 751.0021Verified Sep 20, 2026View source.
Transfer on Death Deed
In Texas, a transfer on death deed is signed before a notaryTex. Estates Code 114.001 to 114.106Verified Oct 19, 2026View source, then recorded with the county before the owner's deathTex. Estates Code 114.001 to 114.106Verified Oct 19, 2026View source.
Vehicle Transfer on Death
Name a beneficiary to inherit your vehicle at death without probate. Available in 26 states and the District of Columbia.
Living Will
In Texas, the living will is the Directive to Physicians and Family or SurrogatesTex. Health & Safety Code ch. 166, Subchapter B (ss. 166.031-166.054), with Subchapter A (ss. 166.001-166.011)Verified Sep 27, 2026View source, a document of its own, apart from the healthcare power of attorney.
Tools for Planning Your Estate in Texas
Free tools for planning your estate in Texas: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in Texas runs $4,130Estimate: 10 hours at $413, Clio's Texas Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,195Estimate: 15 hours at $413, Clio's Texas Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
Trust or Will: Which Costs Less?
In Texas, a will-based plan pays probate attorney fees of typically 2.2%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source to 3.5%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable trust in Texas runs $4,130Estimate: 10 hours at $413, Clio's Texas Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,195Estimate: 15 hours at $413, Clio's Texas Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $1,161Estimate: 3 hours at $387, Clio's Texas Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,322Estimate: 6 hours at $387, Clio's Texas Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
How Much Life Insurance Do I Need?
In Texas, four years at a public university cost about $76,292NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is near the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; no state estate or inheritance tax appliesNo state estate or inheritance tax; Tex. Const. Art. VIII, § 26 (added Nov. 4, 2025 — HJR 2, 89th Leg., R.S., approved as Prop. 8) constitutionally prohibits any state estate, inheritance, or death tax. Former inheritance tax (Tex. Tax Code Ch. 211) repealed by SB 752 (84th Leg., R.S. 2015), effective Sept. 1, 2015; pick-up tax inoperative since EGTRRA 2001.Verified Sep 15, 2026View source.
Are My Beneficiary Designations Protected?
Texas automatically revokes an ex-spouse as beneficiary at divorceTex. Fam. Code § 9.301; Tex. Fam. Code § 9.302; Tex. Est. Code § 123.052; Tex. Est. Code § 123.151; Tex. Est. Code § 114.057Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
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Texas Estate Planning Resources
In-depth guides covering Texas probate laws, trust requirements, and estate planning strategies.