What is the most common type of trust in Texas?

The revocable living trust — used to avoid probate and plan for incapacity while you keep control during life, since a settlor may revoke a trust unless the instrument makes it irrevocable by its express terms (Prop. Code §112.051). Whether it is right for you depends on your goals; a licensed Texas attorney can advise. General information, not legal advice.

What's the difference between a revocable and an irrevocable trust in Texas?

You can change or revoke a revocable trust while you have capacity and you keep control (Prop. Code §112.051); an irrevocable trust generally cannot be changed by the settlor, and you give up control in exchange for goals some irrevocable trusts serve. Texas leaves narrow paths to change one — judicial modification (§112.054), division or combination by the trustee (§112.057) and decanting (§§112.071–112.087) — each with its own conditions.

What is a special needs trust in Texas?

A special needs (supplemental needs) trust holds assets for a person with disabilities without disqualifying them from needs-based benefits like Medicaid or SSI, when properly drafted; a court may also create a management trust for an incapacitated person under Estates Code chapter 1301. It is highly technical — work with a licensed Texas attorney.

Does a spendthrift trust protect a beneficiary's inheritance in Texas?

A spendthrift provision — even a bare declaration that the interest is held subject to a “spendthrift trust” — restrains a beneficiary from transferring the interest and limits creditors' reach to the extent the Trust Code permits (Prop. Code §112.035), with exceptions, and never for a settlor's own beneficial interest. Whether and how it applies is a question for a licensed Texas attorney.

Can I set up a trust for my pet in Texas?

Yes. A trust may be created to provide for the care of an animal alive during the settlor's lifetime; it ends at the animal's death, and a person named in the trust or appointed by the court may enforce it (Prop. Code §112.037).

Types of Trusts in Texas

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Common types of Trusts in Texas

Revocable living Trust

Created during life and changeable anytime; commonly used to avoid probate and plan for incapacity. You keep control — so it is not asset protection.

Irrevocable Trust

Generally can't be changed or revoked once created; you give up control in exchange for benefits some irrevocable Trusts can offer, such as certain tax or planning goals. Fact-specific — for an attorney to design.

Testamentary Trust

Created by your will and funded only after death, through probate. Useful for leaving assets to minors or in stages.

Special needs (supplemental needs) Trust

Holds assets for a beneficiary with disabilities without disrupting needs-based public benefits like Medicaid or SSI, when properly drafted.

Spendthrift Trust

Includes a spendthrift provision that restrains a beneficiary's ability to transfer their interest and limits some creditors' reach (Prop. Code §112.035), within limits.

Charitable Trust

Benefits a charitable purpose; certain forms can combine giving with income or tax planning. Design and compliance are an attorney/advisor matter.

Trust for the care of an animal

A Texas statutory trust (Prop. Code §112.037) that provides for the care of an animal alive during your lifetime; it ends at the animal's death, and a person named in the trust or appointed by the court may enforce it.

Which type of Trust fits your goals?

Trusts are tools — the right one (if any) depends entirely on your goals, your family, your assets, and tax considerations. This page is general information, not legal advice. A free role check can show you where you stand, and a Texas attorney can design what fits your situation.

This product is not a substitute for the advice of an attorney.

General information about Texas law, not legal advice.

Frequently asked questions

What is the most common type of trust in Texas?: The revocable living trust — used to avoid probate and plan for incapacity while you keep control during life, since a settlor may revoke a trust unless the instrument makes it irrevocable by its express terms (Prop. Code §112.051). Whether it is right for you depends on your goals; a licensed Texas attorney can advise. General information, not legal advice.
What's the difference between a revocable and an irrevocable trust in Texas?: You can change or revoke a revocable trust while you have capacity and you keep control (Prop. Code §112.051); an irrevocable trust generally cannot be changed by the settlor, and you give up control in exchange for goals some irrevocable trusts serve. Texas leaves narrow paths to change one — judicial modification (§112.054), division or combination by the trustee (§112.057) and decanting (§§112.071–112.087) — each with its own conditions.
What is a special needs trust in Texas?: A special needs (supplemental needs) trust holds assets for a person with disabilities without disqualifying them from needs-based benefits like Medicaid or SSI, when properly drafted; a court may also create a management trust for an incapacitated person under Estates Code chapter 1301. It is highly technical — work with a licensed Texas attorney.
Does a spendthrift trust protect a beneficiary's inheritance in Texas?: A spendthrift provision — even a bare declaration that the interest is held subject to a “spendthrift trust” — restrains a beneficiary from transferring the interest and limits creditors' reach to the extent the Trust Code permits (Prop. Code §112.035), with exceptions, and never for a settlor's own beneficial interest. Whether and how it applies is a question for a licensed Texas attorney.
Can I set up a trust for my pet in Texas?: Yes. A trust may be created to provide for the care of an animal alive during the settlor's lifetime; it ends at the animal's death, and a person named in the trust or appointed by the court may enforce it (Prop. Code §112.037).

General information about Texas law, not legal advice.