Revocable Living Trusts in Texas
How revocable living trusts work under Texas law and the other ways to pass property without probate.
Short answer: Texas has not adopted the Uniform Trust Code; trusts are governed by the Texas Trust Code (Tex. Prop. Code Title 9, Subtitle B). Tex. Prop. Code §§ 111.001, 112.002, 112.004, 112.051
| Revocable living trust | Texas has not adopted the Uniform Trust Code; trusts are governed by the Texas Trust Code (Tex. Prop. Code Title 9, Subtitle B). A trust is created only if the settlor manifests an intention to create one, and no consideration is needed. Under the statute of frauds, a trust in real or personal property is enforceable only if there is written evidence of its terms signed by the settlor or the settlor's agent (with limited exceptions for personal property). Unlike many states, a Texas trust is revocable unless the instrument expressly makes it irrevocable, and if it was created in writing, any revocation or amendment must also be in writing. Property titled in the trustee's name passes under the trust terms without probate; assets left in the decedent's own name may still need probate. |
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| Ways to avoid probate | Non-probate transfers available in Texas: (1) Transfer on death deed for real estate, recorded before death (Tex. Estates Code §§ 114.051-114.057). (2) Joint accounts with right of survivorship, P.O.D. accounts and trust accounts at financial institutions (Tex. Estates Code §§ 113.151-113.153). (3) Beneficiary designation for a motor vehicle on the title, naming a sole beneficiary (Tex. Transp. Code § 501.0315; Tex. Estates Code ch. 115). (4) Small estate affidavit for intestate estates of $75,000 or less, excluding homestead and exempt property (Tex. Estates Code ch. 205). (5) Probate of a will as a muniment of title or other simplified options where available. (6) Revocable living trust (Texas Trust Code). TOD deed: https://tcss.legis.texas.gov/resources/ES/htm/ES.114.htm; vehicle beneficiary: https://tcss.legis.texas.gov/resources/ES/htm/ES.115.htm |
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FAQ
How do living trusts work in Texas?
Texas has not adopted the Uniform Trust Code; trusts are governed by the Texas Trust Code (Tex. Prop. Code Title 9, Subtitle B). A trust is created only if the settlor manifests an intention to create one, and no consideration is needed. Under the statute of frauds, a trust in real or personal property is enforceable only if there is written evidence of its terms signed by the settlor or the settlor's agent (with limited exceptions for personal property). Unlike many states, a Texas trust is revocable unless the instrument expressly makes it irrevocable, and if it was created in writing, any revocation or amendment must also be in writing. Property titled in the trustee's name passes under the trust terms without probate; assets left in the decedent's own name may still need probate.
How can you avoid probate in Texas?
Non-probate transfers available in Texas: (1) Transfer on death deed for real estate, recorded before death (Tex. Estates Code §§ 114.051-114.057). (2) Joint accounts with right of survivorship, P.O.D. accounts and trust accounts at financial institutions (Tex. Estates Code §§ 113.151-113.153). (3) Beneficiary designation for a motor vehicle on the title, naming a sole beneficiary (Tex. Transp. Code § 501.0315; Tex. Estates Code ch. 115). (4) Small estate affidavit for intestate estates of $75,000 or less, excluding homestead and exempt property (Tex. Estates Code ch. 205). (5) Probate of a will as a muniment of title or other simplified options where available. (6) Revocable living trust (Texas Trust Code).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.