Understanding Texas Living Trusts: A Comprehensive Guide

Living trusts are a popular estate planning tool in Texas, allowing individuals to manage and distribute their assets according to their wishes, even after they have passed away. If you’re considering setting up a living trust in Texas, it’s important to have a good understanding of what they are, how they work, and what the process entails.

What is a Texas Living Trust?

A Texas living trust is a type of trust that allows individuals to hold and manage their assets during their lifetime, and distribute them according to their wishes after they have passed away. Unlike a will, a living trust does not go through the probate process, which can be time-consuming and expensive. Instead, the assets in a living trust are transferred directly to the beneficiaries named in the trust document. Texas estate planners often call this type of trust a “revocable living trust” or “revocable trust.”

Benefits of a Texas Living Trust

  • Avoids probate: By bypassing the probate process, living trusts can save time and money for your loved ones.

  • Protects privacy: The details of a living trust are not public record, unlike the details of a will that are filed with the court.

  • Flexibility: A living trust can be amended or revoked at any time, allowing you to make changes to it as your needs and circumstances change.

  • Immediate distribution: With a living trust, assets can be distributed immediately to beneficiaries, without the need for a lengthy probate process.

Setting up a Texas Living Trust

Setting up a living trust in Texas involves several steps with your lawyer, including:

  1. Choosing a trustee and beneficiaries: The trustee is the person or institution responsible for managing the assets in the trust. It’s important to choose someone you trust and who has the necessary skills and experience to manage your assets. When you name your beneficiaries with a living trust in Texas, you do not have to give them a lump-sum inheritance upon your death. The attorney can customize how the beneficiaries receive their inheritance.

  2. Your Estate Planning Attorney creates your trust document: The trust document is a legal document that outlines the terms and conditions of the trust, including how assets will be managed and distributed after your death.

  3. Funding the trust: To be effective, a living trust must be funded with assets. This can be done by transferring ownership of assets, such as bank accounts and real estate, into the name of the trust.

  4. Maintaining the trust: Once the trust is set up, it’s important to keep it up-to-date and in good standing. This may include making changes to the trust document, funding the trust with additional assets, and ensuring that the trustee is following the terms and conditions of the trust.


A Texas living trust can be a useful estate planning tool, offering numerous benefits over a traditional will. By avoiding probate, protecting privacy, and allowing for immediate distribution of assets, living trusts can provide peace of mind and financial security for you and your loved ones. To set up a living trust, it’s important to work with an experienced attorney who can help guide you through the process and ensure that your trust is properly structured and funded.