Does having a will mean my family avoids probate in Texas?
No. A will tells the probate court how to distribute your property, but it does not avoid probate. In Texas, independent administration generally keeps that process faster and less expensive than in many other states, which is part of why a will-based plan is still a reasonable choice for many families.
Is a living trust always better than a will in Texas?
Not automatically. A trust can avoid probate, keep your affairs private, and help with incapacity planning, but it costs more to set up and only works if it is properly funded. For a smaller, simple estate, Texas's independent administration can make a will the more practical and less costly choice.
What does it mean to fund a trust, and what happens if I skip it?
Funding a trust means retitling property, accounts, and other assets into the trust's name after it is signed. If that step is skipped, those assets are treated as if there were no trust at all and generally still go through probate. This is the most common reason a living trust fails to do what the family expected.
Do I still need a will if I set up a living trust?
Generally yes. Most trust-based plans still include a will, often called a pour-over will, to catch any property that was never moved into the trust and to name guardians for minor children. The trust handles the bulk of the estate; the will is the backstop.
Is probate really public record in Texas?
Generally yes. Once a will is filed with the probate court, the will and the estate inventory become part of the court file, which is accessible to the public. A living trust is not filed with a court, so it is generally not part of any public record.
