Is a Will or Trust Right for Me and My Family?

 Posted on January 08, 2026 in Estate Planning

Decisions about what happens to your property and loved ones do not have to wait until later in life. Choosing between a will and a trust often comes down to how much control you want, how simple or complex your assets are, and how you want matters handled if something unexpected happens.

According to the Federal Reserve’s most recent Survey of Household Economics and Decisionmaking, a majority of U.S. adults still do not have any estate planning documents in place, including wills or trusts. This leaves families relying on state law to make decisions during already stressful times.

As of 2026, Texas families continue to face probate delays and legal costs when no clear plan exists. Speaking with a Denton County, TX estate planning lawyer at Colbert Law Group PLLC can help you decide whether a will, a trust, or a combination of both makes sense for your situation.

What Is a Will and What Does It Do in Texas?

A will is a legal document that explains how your property should be distributed after your death. It can also name guardians for minor children and choose an executor to manage your estate.

Under Texas Estates Code § 251.001, a will must meet specific legal requirements to be valid. For example, it must be in writing, signed by the person creating it, and witnessed by at least two qualified individuals. If these requirements are not met, the will may not be considered valid and could be challenged in probate court.

A will only takes effect after death and usually must go through probate. Probate is a court process that confirms the will and oversees the transfer of property. While probate is common in Texas, it can take time and involve court filings.

What Is a Trust and How Is It Different From a Will?

A trust is a legal arrangement where one person holds property for the benefit of others. Trusts can be used during life, after death, or both.

For example, a revocable living trust can be used to manage assets during your lifetime and distribute them after death. Other trusts, such as trusts for minor children or special needs trusts, can be used to protect beneficiaries who may not be able to manage property on their own.

One key difference is that many trusts allow property to pass outside of probate. Trusts can also provide more control over when and how assets are distributed.

Can a Will Alone Address Everything I Need?

For many families, a simple will provides the protection they need. A will may be enough if your situation is straightforward and your goals are limited.

A will may be appropriate if:

• You want to name guardians for minor children.

• Your assets are modest and easy to divide.

• You are comfortable with the probate process.

• You want a simple and cost-effective plan.

Even in these cases, the will must be properly drafted and executed to avoid problems later.

When Should I Consider a Trust Instead of a Will?

A trust may be a better option when you want more flexibility or privacy and wish to limit court involvement after your death. Many people use trusts to avoid probate delays, manage property located in more than one state, and control when and how beneficiaries receive assets.

Trusts can also help keep family and financial matters private. While setting up a trust often requires more planning at the beginning, it can simplify the process for loved ones later and reduce stress during an already difficult time.

What Happens if You Do Not Have a Will or Trust in Texas?

If you pass away without a will or trust, Texas law steps in to decide who receives your property. Those default rules may not match how you would have wanted your assets handled.

Texas law determines who inherits, who manages the estate, and how assets are divided. This process can create delays and family conflict, especially in blended families or second marriages. Planning gives you control instead of leaving decisions to state law.

Contact Our Flower Mound, TX Estate Planning Attorney Today

If you are deciding between a will and a trust, Colbert Law Group PLLC can help you understand your options and create a plan that fits your family’s needs. Attorney Stephen Colbert brings a broad legal perspective, including experience serving as an administrative law judge and as a tribal judge for the Chickasaw Indian Nation. That background helps clients see the full picture when making important planning decisions.

Call 972-724-3338 to schedule a consultation with our Denton County, TX estate planning lawyer today.