Wills

• Take effect upon death
• Must go through the Texas probate process
• Name an executor to handle affairs
• Name guardians for minor children

Revocable Living Trusts

• Effective as soon as they are signed and funded
• Allow for smooth management of assets if you become incapacitated
• Can help avoid or streamline probate for assets placed in the trust
• Provide privacy because trust administration is not a public process

Download our Probate – Trusts informational brochure (pdf).

Many families in Abilene and West Texas choose a revocable trust to keep their affairs private and reduce the burden on their loved ones.

It depends on your goals.

A will alone may work if you’re comfortable with the probate process in Texas, which is generally simpler than in many states – but still requires court involvement.

A revocable living trust is often recommended in West Texas if:

• You want to reduce or avoid probate altogether
• You own rural property, mineral rights, or land in multiple Texas counties
• You want to protect blended-family relationships
• You want long-term control over how and when beneficiaries receive assets
• You want a smoother transition if you become incapacitated

Families with real estate or oil & gas interests often benefit greatly from a trust-based plan.

A revocable living trust is a flexible planning tool that allows you to manage your assets during your lifetime and designate how they will be distributed afterward – without court supervision.

Key benefits for Texans include:

• You remain in full control as trustee while you’re alive and well
• A successor trustee can step in immediately if you become incapacitated
• Assets properly titled in the trust can pass without probate
• It keeps your estate out of the public record

Trusts offer more privacy and ease than relying only on a will.

Yes. Even with a trust, you will still need a pour-over will, which:

• Names an executor
• Names guardians for minor children
• Moves any assets not titled in the trust into the trust at your death

Without a will, assets left outside your trust may pass under Texas intestacy law, which might not match your wishes.

After the loss of a loved one, families in Texas want a smooth, cost-effective way to handle their affairs. A “muniment of title” probate may provide a simple path in the right circumstances, while a revocable living trust can help families avoid probate completely. Learning how these tools function – and how they can work together – empowers you to craft an estate plan that protects your loved ones.

A Last Will & Testament is a legal document that explains how you want your property and assets to be handled after your death. It can also name the person you want to serve as executor and, for parents of minor children, identify your preferred guardians.

Having a properly prepared will gives your family clear instructions and can help reduce uncertainty during an already difficult time.

If you die without a valid will, you are considered to have died intestate. Texas intestacy laws determine how your assets are distributed rather than following your personal wishes.

This can create additional complications for families, particularly when there are children, blended families, separate property, or other unique circumstances.

Generally, no. A will typically must be presented through the Texas probate process before the assets controlled by the will can be distributed.

Texas probate can be relatively streamlined compared with some other states, but it still involves court proceedings and legal requirements. Depending on your goals and circumstances, other planning tools, such as a properly funded revocable living trust, may help avoid probate for certain assets.

Your executor is responsible for handling your estate after your death. This can include identifying and gathering assets, paying valid debts and expenses, handling required legal matters, and distributing assets according to your will.

Many people choose a trusted family member or friend. The right choice depends on the person’s reliability, ability to manage financial matters, location, and the complexity of your estate.

Yes. Parents can use their wills to nominate the person they would prefer to serve as guardian of their minor children if both parents are unable to care for them.

Choosing a guardian is an important part of estate planning because it allows you to express your wishes rather than leaving your family without clear guidance.