🏛️ How to Create a Trust in Texas (2025 Guide)

Thinking about passing on your home, protecting your children, or avoiding court battles in Texas? A trust can do all that — and more — if done right.

The great news? Texas makes it easier than most states to set up a valid trust — and with TrustGenie, you can do it in under 15 minutes.

Here’s your complete 2025 guide to building a trust in Texas.

🔎 What Is a Trust?

A trust is a legal agreement that lets you transfer property to someone (the trustee) to hold and manage for someone else (the beneficiary). Think of it like a legal container that holds your stuff and delivers it exactly how you want.

Most Texans use a Revocable Living Trust, which:

• Avoids probate (the court process after death)

• Lets you control your assets while alive

• Plans ahead in case of incapacity

• Keeps your affairs private

📍 Step-by-Step: How to Set Up a Trust in Texas

Let’s break it down into clear, simple steps.

1. Pick the Right Trust for You

Most Texans start with:

• Revocable Living Trust – most flexible, popular

• Others include:

  • Special Needs Trust

  • Minor Trust

  • Spendthrift Trust

✅ TrustGenie offers all of these — no attorney required.

2. Choose Your Trustee and Beneficiaries

You’ll need:

• Grantor – that’s you (person creating the trust)

• Trustee – usually also you, or someone you trust

• Successor Trustee – takes over if you’re gone/incapacitated

• Beneficiaries – who receives your assets

3. List Your Assets

Include:

• Texas real estate

• Bank and credit union accounts

• Vehicles

• Retirement accounts

• Life insurance

• Personal belongings

• Business interests

✅ [TrustGenie provides a checklist and templates for each asset type.]

4. Create and Sign the Trust Document

You must:

• Clearly state your intent to form a trust

• Name all key parties (trustee, beneficiaries, etc.)

• Include all required Texas trust language

• Sign and have it notarized (no witnesses required)

✅ Texas does not require witnesses — only notarization.

5. Fund the Trust (Don’t Skip This)

Move assets into the trust:

• File a Texas Warranty Deed or Trust Transfer Deed with the county

• Update title on bank accounts

• Retitle investment and brokerage accounts

• Assign personal property with a General Assignment

🚫 If you don’t fund it, the trust has no power — it’s just paper.

⚠️ Common Mistakes Texans Make

❌ Not funding the trust (biggest mistake)
❌ Forgetting to list all property
❌ Naming minors as direct beneficiaries instead of using a Minor Trust
❌ Thinking a trust avoids all taxes (estate taxes only apply if you're very wealthy)
❌ Not updating the trust after life changes

💰 Cost of Creating a Trust in Texas

MethodCostAttorney$2,000 – $4,000+DIY Online Templates$100 – $500TrustGenie Full Plan$150/year (with updates + support)

🧠 Can I DIY My Trust in Texas?

Yes — Texas law allows anyone to create a valid trust without a lawyer, as long as:

• It’s in writing

• Signed by the grantor

• Has a named trustee and beneficiaries

• Is properly funded

✅ TrustGenie simplifies all of this with easy fill-in forms and built-in support.

📎 Download: Texas Trust Setup Checklist (Free)

Want to stay on track? Grab the free checklist with:

• Step-by-step process

• Asset transfer guidance

• Notarization reminders

📥 [Download the Texas Checklist Here]

🧩 Ready to Create Your Texas Trust?

Don’t wait for probate court to decide what happens to your legacy.

👉 Start Your Trust with TrustGenie
Simple. Legal. Affordable.

🔗 Related Posts:

• [How to Transfer Property into a Trust in Texas]

• [Special Needs Trusts: Why They Matter in Texas]

• [Top 5 Texas Estate Planning Mistakes to Avoid]

✍️ Authored by:

TrustGenie Legal Team
Affordable Trusts Built Right — for Every State.