Texas Living Trust Template

A living trust created in Texas allows the grantor to transfer assets into a trust during their lifetime, naming a trustee to manage those assets and a successor trustee to distribute them to beneficiaries after death — all without going through Texas's probate process. Under Texas Property Code Title 9 (Trusts), Chapter 112, Texas governs the creation, administration, and termination of revocable living trusts. Texas is a community property state — all property acquired during marriage is presumed community property — a distinction that directly affects how marital assets are titled in the trust. In Texas, independent administration available — Texas has one of the most efficient probate processes in the country, making a living trust particularly valuable for estates that exceed this limit. Regarding taxation, Texas has no state estate tax or inheritance tax.

Without a living trust, Texas estates may face a lengthy and expensive probate process. In Texas, probate costs typically include relatively low — independent administration avoids ongoing court supervision; attorney fees typically $3,000–$10,000. No trust registration required in Texas. Every asset must be formally re-titled in the trust's name — an unfunded living trust provides no probate avoidance. A complete estate plan pairs a living trust with a pour-over will and a power of attorney for lifetime incapacity protection.