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The Difference Between a Will and a Trust: Which One Do You Need? 

February 19, 2025 - Blog posts are not legal advice, they are for informative purposes only. If you want legal advice, please schedule a consultation through the Contact page here. 

When it comes to estate planning in Texas, one of the most common questions people ask is whether they need a will, a trust, or both. Understanding the key differences between these two estate planning tools can help you make the right decision for your unique circumstances.

What Is a Will?

A will is a legal document that outlines how your assets should be distributed after your death. Under Texas law, a will must be in writing, signed by the testator (the person making the will), and witnessed by at least two credible witnesses.

Pros of a Will:

Simplicity – A will is relatively easy and inexpensive to create.

Allows You to Name Guardians – If you have minor children, a will lets you appoint a guardian for them.

Provides Clear Instructions – A properly drafted will clearly outlines how you want your assets distributed.

Cons of a Will:

Probate Process – A will must go through probate, a court-supervised process that validates the will and oversees the distribution of assets. In Texas, probate can be relatively straightforward, but it still takes time and involves some costs.

Public Record – Once filed in court, a will becomes a public document, meaning anyone can access its contents.

What Is a Trust?

A trust is a legal arrangement where a trustee holds and manages assets on behalf of beneficiaries. The most common type of trust for estate planning purposes is a revocable living trust, which allows you to maintain control over your assets while avoiding probate.

Pros of a Trust:

Avoids Probate – Assets held in a trust do not go through probate, allowing for a quicker and more private distribution.

Provides for Incapacity – If you become incapacitated, a successor trustee can step in and manage your affairs without court intervention.

Flexibility and Control – You can specify conditions for distributions, such as requiring beneficiaries to reach a certain age or meet specific conditions.

Cons of a Trust:

Cost and Complexity – Setting up a trust requires more time and expense than creating a will.

Ongoing Maintenance – You must ensure assets are properly titled in the trust, or they may still go through probate.

Which One Do You Need?

If you have minor children, you should have at least a will to name a guardian. If you want to avoid probate and maintain privacy, a trust may be the better option. Many people benefit from having both – a trust to manage and distribute assets smoothly and a pourover will to catch any assets not placed in the trust.

Conclusion

The best estate planning strategy depends on your goals, financial situation, and family dynamics. Texas law provides flexible options, but navigating them can be complex. Consulting with an estate planning attorney can ensure your plan is tailored to your needs and provides the best protection for your loved ones.

If you're ready to discuss your estate planning needs, contact Faithful Stewardship for personalized guidance.