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Home FAQs Is a trust better than having a will?

Is a trust better than having a will?

Trusts are generally not used as often as wills in the state of Texas, although this is changing. There are a number of differences between the two, with the most prominent difference being the fact that a will requires court-supervised probate following death, while a living trust does not—assets held in a living trust pass to designated beneficiaries with no court involvement. A will does have certain benefits, including:

  • A trust is more expensive to have prepared;
  • A will does not require assets to be transferred into it;
  • If the executor of a Texas will qualify as an independent Executor, then probate proceedings are much quicker and less expensive than in other states, and
  • A will is a vehicle used to designate a guardian for minor children.

A trust also has certain benefits, including:

  • When property is owned in more than one state, a living trust avoids the necessity for multiple probate proceedings;
  • A living trust provides advantages if you should become incapacitated;
  • A living trust is private, whereas a probated will is public;
  • A living trust is much harder to contest;
  • A living trust will transfer assets directly to beneficiaries without the time involved in probate, and
  • Once assets are transferred into a trust, they are still controlled by you, then eventually distributed to your chosen heirs.

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Arlington, TX 76010

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

  • Practice Areas
    ▼
    • Immigration Law
      ▼
      • Naturalization
        ▼
        • Citizenship
      • Employment Sponsorship
      • Family Visas
      • Student Visas
      • Green Cards
    • Family Law
      ▼
      • Annulment
      • Divorce
      • Asset Division
      • Separate Property
      • Spousal Support
      • Child Support
      • Child Custody
      • Adoption & Termination
      • Enforcement of Orders
      • Modification of Orders
      • Visitation
      • Paternity
      • Legal Separation
      • Protective Orders
    • Personal Injury
    • Real Estate Law
    • Estate Planning
      ▼
      • Trusts
      • Wills
      • Probate
    • Construction Law
    • Corporate & Business Matters
      ▼
      • Business Formation
      • Mergers & Acquisitions 
      • Transactional Law
    • Business & Commercial Litigation
  • Attorneys
    ▼
    • Rigien Jackson
    • Kris Landrith
    • David Kulesz
    • Brent McMullen
    • Virginia Jijón-Caamaño
  • Testimonials
  • Resources
    ▼
    • FAQs
    • COVID Estate Planning Guide 
    • Family Law Definitions
  • Review Us
  • Contact