08/04/2026
One of the conversations I have almost every week starts with a client saying, "I've heard I should avoid probate at all costs." Usually, that thought is followed by another: "So I guess I need a trust."
I understand where that comes from. There is a lot of information online, and much of it makes probate sound like something every family should go to great lengths to avoid. The reality is a little more nuanced, especially here in Texas.
Trusts are excellent planning tools and, for many families, they are absolutely the right choice. They can provide benefits that go well beyond avoiding probate. But a trust is not a "set it and forget it" document. It needs to be properly funded and maintained over time for it to accomplish what it was designed to do. Without that ongoing attention, a trust may not provide the benefits people expected.
A thoughtfully prepared will deserves just as much consideration. In Texas, a well-drafted will can often help make the probate process relatively straightforward and efficient, allowing the court to recognize your wishes and giving your loved ones a clear path forward. Probate is not always the complicated, drawn-out experience people imagine, and for many families, a will is the most appropriate foundation of a sound estate plan.
Since August is National Make a Will Month, it's a good opportunity to think about whether your current plan still reflects your life. Whether your estate plan includes a will, a trust, or a combination of both depends on your family's goals, the assets you own, and the circumstances unique to you.
Every family's situation is different, which is why general information can only go so far. If you've been meaning to create or update your estate plan, we'd be happy to sit down with you, answer your questions, and help you determine the approach that best fits your needs.
