When Do You Need a Will and a Trust in Texas?

 Posted on August 26, 2026 in Wills and Trusts

You need both a will and a trust in Texas in certain situations. This includes when you want to avoid probate for certain assets. It also includes when you want to protect a beneficiary who can't manage money well. You might also want more control over how and when your assets get distributed after you pass away.

If you're weighing your options in 2026, our Johnson County, TX estate planning lawyer can help you figure out exactly what your family situation calls for.

What Does a Will Actually Do?

A will is a legal document that tells the court how you want your assets distributed after your death. Under Texas Estates Code Section 251.001, any person of sound mind who is 18 or older has the right to make a will disposing of their property. This also applies to certain other people who meet special requirements.

A will generally must be admitted to probate before it can control the distribution of assets that pass through your estate. However, not all property goes through probate. Assets such as life insurance with a named beneficiary, certain retirement accounts, payable-on-death accounts, and property with a valid right of survivorship may pass directly to beneficiaries outside probate.

What Does a Trust Add to Your Estate Plan That a Will Doesn't?

A trust is a legal arrangement that allows a trustee to hold and manage property for the benefit of designated beneficiaries. With a living trust, you can transfer assets into the trust during your lifetime and give instructions for how those assets should be managed and distributed.

Assets properly transferred to a living trust generally do not have to pass through probate when you die. A trust can also provide detailed instructions about when and how beneficiaries receive property.

Trusts Offer Ongoing Control Even After You're Gone

A trust can spread distributions out over time, provide ongoing support, or tie distributions to certain ages or other conditions. A living trust can provide this type of control while also allowing properly funded assets to avoid probate.

A will can also create a testamentary trust that provides ongoing management after your death. However, because that trust is created through the will, the will generally must go through probate before the testamentary trust can take effect.

When Does a Simple Will Cover Everything You Need in an Estate Plan?

A straightforward will is enough for many families. This is often true when your estate is relatively modest. It's also true when your beneficiaries are responsible adults capable of managing an inheritance. This applies if you don't have specific concerns about creditors, remarriage, or long-term asset protection.

A well-drafted will often accomplishes this without the added cost and complexity of setting up a trust. This works if your main goal is simply making sure your assets go to the right people without unnecessary complications.

When Should You Consider Adding a Trust To Your Estate Plan?

Several situations commonly call for a trust in addition to your will. Helpful scenarios to consider include:

• You have minor children and want to control how and when they receive their inheritance.
• You want to provide for a beneficiary with special needs without affecting their government benefits.
• You're concerned about a beneficiary's ability to manage money responsibly.
• You want to avoid probate for privacy or efficiency reasons.
• You own property in multiple states, which can otherwise require multiple probate proceedings.

Discussing trust options with an attorney can help you understand whether this additional planning tool makes sense for your specific circumstances, if any of these situations apply to your family.

Can a Trust Help With Blended Family Situations?

Having a blended family is one of the most common reasons families choose to add a trust to their estate plan. You might have children from a previous relationship and a current spouse. A trust can help make sure your children eventually receive their inheritance in this case. This is true even if your spouse remarries or has their own estate planning goals that might otherwise complicate things.

A straightforward will might leave everything to your spouse without this type of planning. There's no guarantee that your children from a prior relationship will ultimately receive anything if your spouse's circumstances change after your death.

Schedule a Free Consultation With Our Parker County, TX Estate Planning Attorney

At The Law Offices of Rob Christian, we're proud of providing top-notch legal services in Hood County and surrounding areas. We bring that same dedication to every family we help throughout Johnson County. We take the time to understand your unique situation so we can recommend an estate plan that truly fits your needs.

Contact The Law Offices of Rob Christian at 682-936-4003 to talk to our Johnson County will and trust lawyer today.