Wills vs. Trusts in Texas: What Austin Families Need to Know

timothyagriswold
2 days ago
2 min read

At Griswold Law Firm, we understand that planning for the future can feel overwhelming. One of the most common questions we hear is: "Do I need a Will or a Trust?" The answer depends on your goals, assets, and family structure. This brief guide outlines the key differences and helps you make an informed decision.

What a Will Does

A Last Will and Testament is a legal document that:

Directs how your property is distributed after your death.
Names an executor to manage your estate.
Allows you to designate guardians for minor children.

Important Note: A Will must go through probate—a court process that validates the document and oversees distribution. While probate is not always burdensome in Texas, it is still public, can take time, and involves court oversight.

What a Trust Does

A Revocable Living Trust is a private agreement that:

Holds and manages your property during your lifetime.
Allows you (or a chosen successor) to manage your affairs if you become incapacitated.
Directs distribution of property after your death without going through probate.
Can include detailed instructions on when and how beneficiaries inherit.

Trusts are especially helpful for those who:

Own property in multiple states.
Want to avoid probate delays or costs.
Have blended families or children from prior relationships.
Desire greater privacy or control.

When a Will Is Likely Enough

You have a relatively simple estate.
You are comfortable with the probate process.
You don’t need ongoing control after death (e.g., staggered inheritance).

When a Trust Might Be Better

You want to avoid probate for your family.
You own real estate in more than one state.
You want privacy and to keep your estate out of the public record.
You have beneficiaries who need oversight, such as minors, those with disabilities, or those prone to poor money management.

Cost Considerations

Will-based plans are more affordable upfront. At Griswold Law Firm, flat fees for a couples' Will package begin at $995.

Trust-based plans involve more upfront cost and legal drafting, but they often save your family money later by avoiding probate and reducing administrative hassle. Our trust packages start at $1,750 for individuals and $2,250 for couples.

Still Not Sure?

We’re here to help you decide what makes the most sense for your situation. You can also explore our Affordable Estate Planning Packages to learn more.

If you'd like a consultation to discuss your options, contact us today. We're happy to help you plan wisely—without pressure.

Griswold Law Firm

Estate Planning with Integrity, Clarity, and Compassion.