Revocable Living Trusts and Wills
A Revocable Living Trust (RLT) is the core tool used to avoid probate in Texas. It sets up a method whereby, if the provisions of the RLT have been properly executed before the decedent’s death, probate is avoided.
Avoiding probate comes with many benefits. Avoiding attorney fees is one. Close behind is peace of mind.
When the grantor of the RLT dies, the trust becomes irrevocable. With a will, a decedent’s probate assets are typically “poured over” into an irrevocable testamentary trust. The provisions of that irrevocable trust are included in the will itself.
On the death of the grantor, the provisions of the RLT become irrevocable. These provisions are essentially the same as those found in a testamentary irrevocable trust. The beneficiaries are the same, and the assets are the same.
The hassle that can accompany a probate proceeding is time-consuming and expensive. In most, if not all, cases, an RLT is a more efficient means of settling a decedent’s estate.
Revocable Living Trusts are used in estates of all sizes. The current lifetime exemption from gift and estate taxes is $13,990,000 (as of 2025). However, individuals with larger estates should prepare for the possibility that the exemption will be reduced to around $6,000,000 in 2026. That reduction may or may not happen, but it’s prudent to review your estate plan with your attorney now.
An RLT can be drafted to include provisions that are effective regardless of whether the lower exemption becomes law.
