Texas living trusts & estate documents

Living trust law in Texas

A revocable living trust holds your home, accounts, and other property during your life, you stay in full control as trustee and can change or revoke it any time, then passes it to your beneficiaries without probate when you're gone. In Texas, trusts are governed by the Texas Property Code, Chapters 111 to 117 (Texas Trust Code).

Avoiding probate in Texas

Probate in Texas is governed by the Texas Estates Code and handled by a statutory Probate Court in the largest counties and the County Court elsewhere. Texas allows independent administration, which is typically faster and less costly than supervised probate.

A Texas small estate affidavit is available for estates of $75,000 or less (excluding homestead and exempt property). That simplified procedure is set out in Texas Estates Code Section 205.001. Assets held in a funded living trust pass to your beneficiaries without probate, whatever the size of the estate. Many Texas homeowners set one up for that reason. Texas also authorizes a transfer-on-death deed (Tex. Est. Code § 114.051) to pass real estate outside probate. A living trust does the same for every asset, not just real estate.

Estate and inheritance tax in Texas

Texas has no state estate tax, no inheritance tax, and no state income tax. The separate federal estate tax reaches only estates above $15 million per person (2026, adjusted yearly), so most families never owe it.

Community property in Texas

Texas is a community property state. For married couples, property acquired during marriage is generally community property, and our joint trust is drafted accordingly.

Protecting a surviving spouse in Texas

Texas also protects the family home (the homestead, with no cap on value) for the surviving spouse and minor children. Other exempt property is set aside for the spouse and children, including unmarried adult children still living with the family and incapacitated adult children, and a family allowance can be paid to the spouse, minor children and incapacitated adult children (Tex. Est. Code §§ 353.051 and 353.101). Even if the estate cannot pay all its debts, property set aside this way cannot be taken for them, except that exempt property other than the homestead can be reached by Class 1 claims (§§ 353.153 and 353.155).

Signing your Texas documents

1. Sign the living trust. Texas revocable living trust is executed before a notary (acknowledgment).
2. Sign the will. Two witnesses, at least 14 years old, who sign in your presence (Tex. Estates Code 251.051); a self-proving affidavit sworn before a notary is included (251.104) (standalone and pour-over wills).
3. Sign the power of attorney. Sign your Durable Power of Attorney before a Notary Public.
4. Sign the health care documents. Sign your Medical Power of Attorney either before a Notary Public or in the presence of two competent adult witnesses. The form lists who may not serve as a witness; follow that list exactly. Your Directive to Physicians and Family or Surrogates is likewise signed before two competent adult witnesses or a Notary Public.
5. Follow your package instructions. Your package includes page-by-page signing instructions written for Texas. Follow those as the authoritative guide.

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