Do I Need a Will or a Trust in Texas? Understanding the Difference

Estate planning is one of the most important steps you can take to protect your family and your future. In Texas, two of the most common tools used are wills and trusts. Both serve to ensure your wishes are carried out, but they work in different ways. Understanding these differences can help you decide what’s best for your circumstances. At Otise Reed Law Group, PLLC, we work closely with Dallas families to create clear, legally sound estate plans that reflect their goals.

What Is a Will?

A will is a legal document that states how your property should be distributed after your passing. It can also:

• Name a guardian for minor children
• Outline how debts and taxes should be handled
• Designate an executor to manage your estate

In Texas, a will must go through probate, which is the court-supervised process of validating and carrying out the document. While probate ensures fairness and oversight, it can take time and involve additional expenses.

What Is a Trust?

A trust is a legal arrangement that allows you to place your assets into a separate entity managed by a trustee. The trustee can be you during your lifetime, and later someone you choose to manage assets for your beneficiaries.

Benefits of a trust include:

• Avoiding probate: Assets in a trust typically pass directly to beneficiaries without court involvement.
• Privacy: Unlike wills, trusts are not public record.
• Flexibility: You can set conditions, such as when children receive funds or how money should be used.

There are several types of trusts, including revocable living trusts and irrevocable trusts, each serving different purposes.

Key Differences Between a Will and a Trust

• Probate: Wills require probate; trusts usually bypass it.
• Privacy: Wills become public record; trusts remain private.
• Timing: Wills take effect after death; trusts can take effect during your lifetime.
• Cost: Wills are generally simpler and less expensive upfront; trusts may require more planning but save time and money later.

Which One Do You Need?

For many Dallas families, a will is a good starting point. It provides clear instructions for property distribution and guardianship decisions. However, if you want to avoid probate, maintain privacy, or have more control over how and when your assets are distributed, a trust may be a better fit.

Often, people benefit from having both—a will to cover items not placed in a trust and a trust to manage larger assets and simplify the transfer process.

Why Work With an Attorney

Texas law has unique requirements for both wills and trusts. Even small errors in drafting can cause delays, disputes, or unintended outcomes. Having a knowledgeable attorney ensures your documents are valid, enforceable, and aligned with your wishes.

At Otise Reed Law Group, PLLC, we provide clear guidance to help you choose the right estate planning tools for your family. Whether you’re considering a will, a trust, or a combination of both, we’ll walk you through the options and build a plan that brings you peace of mind.

Take the Next Step

Planning for the future doesn’t have to be overwhelming. With the right support, you can make decisions today that protect your family tomorrow.

📞 Call Otise Reed Law Group, PLLC at 945-300-5566 to schedule a consultation and begin building an estate plan that fits your needs.