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Does a Trust Supersede a Will in Texas? (2025 Guide)

Estate planning can feel like alphabet soup—wills, trusts, powers of attorney, and a dozen other forms all floating around. So it’s no surprise we hear this question a lot:

“If I have both a will and a trust, which one wins?”

Let’s break down the answer. In most cases, a trust supersedes a will—but it’s not always that simple. The real key is how your assets are titled and what your documents actually say.

Here’s what every Texan needs to know to avoid confusion, court delays, or family fights.

Quick Definitions: Will vs. Trust

Will: A legal document that states who should inherit your assets after you die. It only goes into effect after death and must go through probate.

Revocable Living Trust: A legal entity you create during your lifetime to hold and manage assets. It can distribute assets both during life (if needed) and after death—without probate.

So, Does the Trust Override the Will?

Yes—if the asset is in the trust.

Here’s the rule of thumb:

The trust controls assets titled in the name of the trust. The will controls everything else in your name.

If your house, bank accounts, or investments are titled to your trust, they bypass the will and probate entirely.

But if you forgot to move something into the trust—or left something out—your will kicks in as the backup plan.

Example: Two Documents, Two Different Beneficiaries

Let’s say:

• Your trust leaves everything to your daughter, Emma

• Your will says everything goes to your son, Ryan

If your house and accounts are titled in the name of the trust, Emma gets them. Even though the will says otherwise, the trust governs those assets.

But if your car is still in your name, Ryan gets it, because it passes through the will.

When Things Get Messy: Conflicts Between the Two

Conflicting instructions can create major headaches, especially if:

• You update your will but not your trust (or vice versa)

• Your assets were never properly moved into the trust (aka “funding” the trust)

• You use outdated beneficiary designations on retirement accounts

In these cases, courts may have to step in—and that means probate, delays, and legal fees.

What Happens If You Have a Trust But No Will?

If you have a revocable trust but no will, you’re missing an important piece:

A pour-over will is still needed to catch any forgotten assets and “pour” them into the trust after death.

Without a will, any unfunded assets may pass through Texas intestacy laws (to relatives by default) instead of following your wishes.

Real-Life Scenario: The Untitled Rental Property

Carlos set up a revocable trust leaving all assets to his niece. But he never transferred title of his rental property into the trust.

After he died, the trust couldn’t control the property—because it wasn’t legally part of it.

Thankfully, his will matched his trust. But without the will, the property could’ve gone to distant relatives under Texas law.

How to Make Sure Your Trust and Will Work Together

1. Fund Your Trust Completely

   • Retitle real estate and accounts to the trust

   • Check that business interests and life insurance are handled properly

2. Use a Pour-Over Will

   • Directs anything left outside the trust into it after death

3. Keep Your Documents Synced

   • Update both trust and will after major life changes (marriage, birth, divorce)

4. Review Beneficiary Designations

   • IRAs, 401(k)s, and life insurance pass outside the will/trust—make sure they match your plan

5. Work with an Attorney

   • DIY documents often leave gaps; a lawyer will ensure everything lines up

How The Lange Firm Can Help

At The Lange Firm, we:

• Draft both wills and trusts that complement—not contradict—each other

• Help fund your trust so it actually works when you need it

• Review existing documents for gaps and conflicts

• Guide blended families and unique family structures through planning

We want your estate plan to be more than legally valid—we want it to actually work in real life.

Final Takeaway

A trust generally overrides a will—but only for assets properly placed inside it.

To avoid probate, confusion, or family conflict, your will and trust must work hand in hand.

Contact The Lange Firm to build or review a coordinated estate plan that protects your family, your legacy, and your peace of mind.