When it comes to estate planning, one of the first decisions many people face is whether they need a will, a trust, or both. The answer depends on your goals, your assets, and your family situation.
A will is a legal document that:
Specifies how you want your property distributed after death
Allows you to name a guardian for minor children
Appoints an executor to handle your estate
Important: A will must go through probate, the court process of validating it and distributing your assets. Probate in Texas is generally efficient but still public and time-consuming.
A trust is a legal arrangement where you (the grantor) place assets into a trust, managed by a trustee, for the benefit of your chosen beneficiaries.
There are many types, but the most common for estate planning is a revocable living trust.
Benefits of a Trust:
Avoids probate (in most cases)
Provides privacy (not part of public record)
Allows someone to manage your assets if you become incapacitated
Often faster distribution of assets
Drawbacks:
More expensive to set up
Requires active management and funding
| Feature | Will | Trust |
|---|---|---|
| Goes into effect | After death | Immediately upon signing |
| Probate required? | Yes | No (if properly funded) |
| Privacy | Public record | Private |
| Names guardian for minors | Yes | No (done through a will) |
| Manages incapacity | No | Yes |
| Cost | Lower upfront | Higher upfront |
You might benefit from a will if:
Your children are all adults
Your estate is relatively simple
You’re early in your planning process
You might benefit from a trust if:
You want to avoid probate
You own real estate in multiple states
You have a blended family
You own a business or large investment accounts
You want your estate to remain private
Estate planning isn’t just about distributing assets—it’s about protecting the people you love and avoiding future complications.
At Thomson Law Firm, I help Texans create practical, personalized estate plans. Whether you need a will, a trust, or a full estate package, I’ll help you make the right choice for your life and legacy.
📞 (832) 360-1165 | 🌐 thomsonfirm.com
Proudly serving families and individuals across Texas.