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Home→Tools→Trust or Will Decision Tool→Texas

Should You Get a Trust or a Will in Texas?

Compare probate costs, trust administration fees, and digital signing options for your state.

Frequently Asked Questions

Texas uses reasonable compensation for probate fees, typically 2-4% of the estate value.Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified May 27, 2026 A trust avoids probate entirely and distributes assets faster than the 4-6 month probate timeline.

Probate in Texas typically costs 2-4% of the estate value in attorney fees alone.Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified May 27, 2026 A revocable trust has a one-time setup cost and no probate fees. See a detailed breakdown with the Texas probate calculator.

No. A will must go through probate in Texas. However, estates with personal property under $75,000 may qualify for simplified probate, which is faster and less expensive than full probate.Tex. Est. Code §§ 205.001/205.006 (small estate), 256.003 (4-year will filing deadline), 257.001 (muniment of title), 305.101 (bond), 308.051 (publication), 352.002 (executor commission; cash-flow base with § 352.002(b) exclusions and 5% gross-FMV cap), 352.051 (attorney fees), 355.001 (general claim presentment), 355.060 (121-day claim bar), 401.001-401.003 (independent administration); re-verified 2026-05-27 against statutes.capitol.texas.govVerified May 27, 2026

Simple estates in Texas typically take 4-6 months through probate. Complex or contested estates can take 12-24 months or longer.Tex. Est. Code §§ 205.001/205.006 (small estate), 256.003 (4-year will filing deadline), 257.001 (muniment of title), 305.101 (bond), 308.051 (publication), 352.002 (executor commission; cash-flow base with § 352.002(b) exclusions and 5% gross-FMV cap), 352.051 (attorney fees), 355.001 (general claim presentment), 355.060 (121-day claim bar), 401.001-401.003 (independent administration); re-verified 2026-05-27 against statutes.capitol.texas.govVerified May 27, 2026 A revocable trust avoids probate entirely, with assets typically distributed within weeks.

Yes. A will becomes a public court record once it enters probate in Texas. A revocable trust is a private document that does not go through probate, so the terms, beneficiaries, and asset details remain confidential.

Use the Texas probate calculator to estimate attorney fees, executor fees, court costs, and the probate timeline.Tex. Est. Code §§ 205.001/205.006 (small estate), 256.003 (4-year will filing deadline), 257.001 (muniment of title), 305.101 (bond), 308.051 (publication), 352.002 (executor commission; cash-flow base with § 352.002(b) exclusions and 5% gross-FMV cap), 352.051 (attorney fees), 355.001 (general claim presentment), 355.060 (121-day claim bar), 401.001-401.003 (independent administration); re-verified 2026-05-27 against statutes.capitol.texas.govVerified May 27, 2026

Whether a trust is cost-effective depends on estate size, property types, and Texas's probate costs. The Texas trust need assessment evaluates these factors against your specific situation.

Trust vs Will in Texas

The will route in Texas pays attorney fees on a reasonable-compensation basis, typically 2%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified May 27, 2026 to 4%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified May 27, 2026 of the estate. There's negotiation room, but probate still takes time. The trust route is a higher upfront effort (the trust has to be funded), in exchange for skipping that fee entirely. The Texas probate calculator shows the dollar gap on your estate size; the Texas will cost calculator covers what each provider charges to draft the will itself.

Texas's community-property rules mean the surviving spouse often inherits without probate even on a will-only plan. The trust's advantage shows up at second death and on separate property — both times the rules treat the estate as a regular probate case unless assets have been retitled.

Estates under $75,000Tex. Est. Code § 205.001/205.006Verified May 27, 2026 clear Texas's small-estate procedure regardless of whether you used a trust or just a will. The decision matters above that threshold, when the will route exposes the estate to 4 monthsTex. Est. Code §§ 205.001/205.006Verified May 27, 2026-6 monthsTex. Est. Code §§ 205.001/205.006Verified May 27, 2026 of probate that a trust skips.

The will path puts Texas probate filings into public court records, which means anyone curious can pull the inventory and the distribution. The trust path keeps the same details inside a private document. Cost is the obvious factor; privacy often ends up being the decisive one.

For families on the trust side of the line, the Texas revocable trust builder is the next step. Not sure which side of the line you're on? The trust need assessment sorts that out first.

SimplyTrustSimplyTrust Editorial·Updated May 27, 2026

Legal Sources

  • Tex. Est. Code § 205.001/205.006
  • Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)
  • Tex. Est. Code §§ 205.001/205.006

Data sourced from Texas statutes and official state code. How we research.

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Texas Estate Planning Resources

In-depth guides covering Texas probate laws, trust requirements, and estate planning strategies.

$

Texas Last Will and Testament

Texas Revocable Living Trust

Nevada Revocable Living Trust

Estimated Net to Beneficiaries

$1,168,240

Estimated Net to Beneficiaries

$1,244,375

Estimated Net to Beneficiaries

$1,244,375

Create a Revocable Trust in 15 minutes

Probate fees are typically calculated on gross estate value before deducting debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.

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