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 111–117 (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.

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. A funded living trust passes outside probate entirely, whatever the size of the estate — which is why Texas homeowners in particular set one up. 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 imposes no estate tax and no inheritance tax, and no state income tax: 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 sets aside a constitutional homestead with no value cap, plus exempt property and a family allowance for a surviving spouse and minor children (Tex. Est. Code § 353.051), protected ahead of most creditors.

Signing your Texas documents

1. Sign the living trust. Texas revocable living trust is executed before a notary (acknowledgment).
2. Sign the will. Texas will requires two witnesses; a notarized self-proving affidavit is standard.
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 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.

Serving all of Texas

Answer the questionnaire from anywhere in Texas and download your completed documents in minutes: Houston, San Antonio, Dallas, Austin, Fort Worth, El Paso, Arlington, Corpus Christi, Plano, Laredo, Lubbock, Irving, Garland, Frisco, McKinney, Amarillo, and every community in between.