Will or living trust — or both? It’s one of the first questions Denton families ask when they start thinking about estate planning, and one of the most important to get right. The honest answer depends on your situation, but for most homeowners in Denton County, a living trust offers advantages that a will alone simply can’t match.

Here’s a clear side-by-side breakdown of how each works under Texas law.

What Is a Will?

A will states your wishes for distributing your property after you die, names your beneficiaries, designates an executor, and — critically — names a guardian for any minor children. It only takes effect at death and must pass through the Texas probate process before your assets can be distributed. Wills are also public record: anyone can view a probated will at the Denton County courthouse.

What Is a Revocable Living Trust?

A revocable living trust transfers ownership of your assets to a trust you control during your lifetime. When you pass away, your successor trustee distributes those assets directly to your beneficiaries — no probate court, no public record, no delays. Because you remain in control, you can amend or revoke the trust at any time. A living trust also works during your lifetime: if you become incapacitated, your successor trustee steps in immediately without a court order.

Side-by-Side Comparison

Probate

Will: Assets go through the Texas probate process — typically several months to a year in Denton County, involving court filings, creditor notifications, and public hearings.

Living Trust: Assets pass directly to beneficiaries, privately, often within weeks.

Privacy

Will: Becomes public record when filed with the Denton County probate court.

Living Trust: Entirely private — never filed with any court.

Incapacity Protection

Will: Provides no protection during your lifetime.

Living Trust: Your successor trustee manages your assets immediately if you’re incapacitated, avoiding a court-ordered guardianship.

Multiple Properties

Will: Real estate in different Texas counties may each require a separate probate proceeding.

Living Trust: All properties transfer through one streamlined process regardless of county or state.

Why Denton Families Often Choose a Trust

Denton is a county of homeowners, and many residents find themselves with property interests in multiple areas — whether a primary residence, a lake house near Lewisville, or investment property in neighboring communities like Flower Mound or Argyle. Under Texas probate rules, each property in a different county can mean a separate probate proceeding. A living trust eliminates that entirely.

Young families settling into neighborhoods near Denton ISD often have children, growing home equity, and retirement accounts — a living trust paired with a pour-over will and updated beneficiary designations gives them the most complete protection. For Denton’s growing senior population, a trust provides clear instructions for managing finances during incapacity without court involvement.

Do You Need Both?

Having both a will and a living trust gives your plan the most complete coverage. A living trust handles all assets retitled into it. A pour-over will captures anything left outside the trust and directs it in at death. The will also does the one thing a trust cannot: name a guardian for your minor children. Together, nothing falls through the cracks.

Don’t Overlook Beneficiary Designations

Neither a will nor a trust controls assets with named beneficiaries — retirement accounts, life insurance, and POD/TOD bank accounts pass directly to whoever is named, regardless of what your documents say. Under Texas law, a beneficiary designation overrides your will. Reviewing and updating these is an essential part of any complete estate plan.

Frequently Asked Questions

Can I set up a living trust myself in Texas?

Technically yes, but a trust that’s improperly drafted or never properly funded will fail to work as intended. Texas homestead trust language requirements are one example of a technical detail that’s easy to miss. The cost of getting it wrong almost always exceeds the cost of having an attorney do it right.

What does ‘funding’ a trust mean?

Funding means retitling your assets into the trust’s name. A trust that’s never funded is an empty shell — your assets still go through probate. Your attorney will walk you through transferring real estate, financial accounts, and other assets properly.

Is a living trust worth it for a smaller estate?

For any Denton family who owns real estate — especially in multiple locations — or who values privacy and incapacity protection, a living trust usually makes strong financial sense. Your attorney can help you weigh the cost against the probate savings for your specific situation.

Not sure whether a will, a living trust, or both is right for your family? Our team at Leigh Hilton PLLC would love to walk you through it. With offices in Denton, Bartonville, and Aubrey, we make it easy to meet in a location that works for you. Call us at 940-387-8800, or reach out through our website and we will be in touch to schedule a time to meet.