A will and a living trust can both be useful, but neither is automatically the better Texas plan. A will states who should receive probate property and can name an executor. A living trust can direct property that has actually been titled to the trust. The useful first step is to map what is owned, how it is titled, and what transfer instructions already exist.
What each document generally does
A will is part of an estate plan and commonly names the person asked to carry out the plan. After death, a probate court may need to validate the will and appoint the personal representative before that person can act for the estate. A trust is a separate arrangement. Property held in a living trust can pass under the trust terms instead of through probate for that property.
Neither document controls every asset simply because it exists. Texas State Law Library guidance explains that beneficiary-designated accounts, survivorship arrangements, transfer-on-death deeds, and trust-held property can be nonprobate property. Those designations, deeds, and title records need to work together with the overall plan rather than conflict with it.
Build a clear starting inventory
List each home or land interest, the latest deed, mortgage information, insurance, tax account, bank and investment beneficiary designations, business interests, and any existing will or trust. Include whether an asset is separate, community, jointly held, held in a trust, or subject to a recorded transfer document. Do not upload those documents to a public website or share account numbers in an intake form.
For a family with several properties, the attorney conversation is often more productive when the inventory shows each property’s county, ownership record, occupancy, carrying costs, and intended recipient. That record helps identify where a simple instruction may be enough and where a more tailored plan may be needed.
Use an attorney for the decision and execution
Ask a Texas estate-planning attorney how a will, a funded trust, beneficiary designations, and any transfer-on-death deed would interact in your facts. Ask who would act if the first choice cannot, how property should be managed during incapacity, and which documents must be updated after a purchase, sale, marriage, divorce, or death. This guide does not choose a plan or determine whether probate will be required.
Official resources
Texas State Law Library: Wills & DirectivesTexas State Law Library: Nonprobate PropertyTexas Estates Code (official statutes portal)Sources inform this educational content; they do not endorse EstatePath. Content reviewed October 5, 2026. Not attorney-reviewed.