How Much Does a Living Trust Cost in Texas? (2026)

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A living trust in Texas costs $1,200 – $3,000 attorney-drafted, $1,800 – $4,500 for a couple’s full plan, or $100–$600 online. Texas is a community property state, which changes how the trust must be drafted and how title moves into it — the step generic online documents handle least well.

Disclosure: we earn a commission if you buy through the Trust & Will links here, at no extra cost to you. Complex situations belong with an attorney and we say so below.

Texas Living Trust Cost (2026)

Typical flat fees reported by Texas attorneys and legal directories, reviewed quarterly. A guide, not a quote.

What Probate Actually Costs in Texas

• Avoids probate entirely: for assets titled in the trust — even in Texas where probate is relatively simple
• Asset protection: from creditors, lawsuits, and divorce proceedings (Texas has strong spendthrift trust protections under Property Code § 112.035)
• Small estate affidavit: Available when assets (excluding homestead and exempt property) total $75,000 or less and decedent died intestate (Estates Code § 205.001)
• Muniment of title: Will-only probate — no administration needed if there are no unpaid debts (Estates Code § 257.001)
• Independent administration: Executor acts without court supervision — the Texas standard (Estates Code Chapter 401)
• Timeline: 6-12 months typical for independent administration; much faster than most states
• Homestead exemption: Unlimited dollar value, constitutionally protected
• Authorized by the will: The will simply names an independent executor. No bond required unless the will says otherwise.
• Minimal court filings: The executor files an inventory, appraisement, and list of claims within 90 days. After that, the estate is administered privately.
• Faster and cheaper: Independent administration typically takes 6-12 months and costs a fraction of dependent administration in court-supervised states.
• No dollar cap.: The exemption protects the full value of the homestead regardless of price.
• Acreage limits: Urban homestead: up to 10 acres (can include contiguous lots used for a home). Rural homestead: up to 200 acres for a family, 100 acres for a single adult.

Full Texas probate rules and thresholds: our Texas estate planning guide.

What each price point buys in Texas

• $100–$600 (online): A valid Texas trust document, pour-over will, and directives. You do the funding — every Texas deed transfer, every account retitling.
• $1,200 – $3,000 (attorney, individual): Custom drafting, review of how your assets are titled, and usually one deed included. Confirm that last part before you sign.
• $1,800 – $4,500 (attorney, couple): Adds marital property planning and Texas community property titling.

Does your estate even need probate in Texas?

Before paying for anything, check whether Texas would require full probate at all. The state’s simplified route: Available when assets (excluding homestead and exempt property) total $75,000 or less and decedent died intestate (Estates Code § 205.001) Estates that fit under it can often transfer by affidavit or summary procedure, with no personal representative and no attorney — which makes a trust a convenience decision rather than a cost-avoidance one. Estates above it are where the numbers above start to bite.

Trust vs. probate in Texas

Online or Texas Attorney?

The dividing line is funding, not drafting. Online documents are valid in Texas; what they don’t do is retitle your assets. See funding your trust.

Other Texas rules that affect the plan

• No trust registration required: in Texas
• Dynasty trusts: can last up to 300 years in Texas (Property Code § 112.036)
• Cost range: 2-5% of estate value; far lower than dependent administration states
• No state income tax: (constitutionally prohibited — Art. VIII, Sec. 24-a)
• No state estate tax: (linked to federal credit; effectively zero since 2005)
• Community property state: — all property acquired during marriage is presumed community
• Right of survivorship: available by written agreement for community property
• Community property: Everything acquired during marriage from either spouse’s earnings, labor, or effort. This includes wages, investment returns on community funds, and property purchased with community funds.
• Separate property: Property owned before marriage, or acquired during marriage by gift, inheritance, or personal injury recovery. Separate property remains that spouse’s alone.
• Burden of proof: The law presumes all property is community. To claim something is separate, you must prove it with clear and convincing evidence.
• Separate personal property: Surviving spouse gets one-third; children get two-thirds.
• Separate real property: Surviving spouse gets a life estate in one-third; children get the remainder plus two-thirds outright.

Recent Texas Changes Worth Knowing

• September 2025 — SB 1448 (Probate Streamlining): E-filing required for will transfers between counties. Self-proving copies accepted when originals unavailable. Inventory must state marital status at death.
• September 2025 — SB 1379 (Forgery Penalties): Forgery of a will, codicil, deed, or similar instrument increased to a third-degree felony.
• September 2023 — HB 2196 (Trust Code Amendments): Expanded trust decanting provisions (Property Code § 112.071-112.087), giving trustees greater flexibility to modify irrevocable trusts by distributing assets to a new trust with updated terms.
• September 2021 — SB 1373: Amended the Durable Power of Attorney Act to expand the statutory form, clarify agent duties, and strengthen third-party acceptance requirements.
• September 2017 — SB 1969: Major updates to the Statutory Durable Power of Attorney, including new self-dealing limitations, enhanced third-party reliance protections, and penalties for unreasonable refusal to accept a valid POA.

Living trust costs in nearby states

Attorney pricing and probate rules shift at the state line — compare Texas with Oklahoma, Louisiana, New Mexico, Arkansas.

When to Hire A Texas Attorney

Online stops being the right answer when the estate has moving parts: property in more than one state, a blended family, a business, or anyone you intend to exclude.

1. Get two or three flat-fee quotes. Identical work varies by $1,000+ inside one metro.
2. Ask what’s included. Deed transfers run $150–$400 each and are often quoted separately.
3. Don’t buy complexity you don’t have.

Three ways to pay less in Texas

1. Pay for the titling review, not the paperwork. In a community property state the expensive mistake is how assets go into the trust — that review is worth more than the drafting.
2. Count the deeds before comparing prices. At $150–$400 apiece, with community and separate property each needing their own recorded transfer, a quote including one deed can beat a cheaper quote including none.
3. Check the simplified threshold first. Available when assets (excluding homestead and exempt property) total $75,000 or less and decedent died intestate (Estates Code § 205.001) If your estate clears that, you may be buying convenience rather than savings.

Official sources: statutes.capitol.texas.gov · statutes.capitol.texas.gov · statutes.capitol.texas.gov · guides.sll.texas.gov

FAQ

How much does a living trust cost in Texas?

$1,200 – $3,000 attorney-drafted, $1,800 – $4,500 for a couple’s full estate plan, or $100 to $600 through an online service. Add $150 to $400 per property for the deed transfers that fund it.

Is a living trust worth it in Texas?

A trust costs $2,000-$5,000 (one-time trust creation) once, against probate at 2-5% of estate value (attorney fees + court costs).

Can I make my own living trust in Texas?

Yes — online services produce valid Texas documents. The risk is funding: a trust that doesn’t hold title to your home doesn’t avoid probate for it.

Can a small estate skip probate in Texas?

Often, yes. Texas’s simplified threshold: Available when assets (excluding homestead and exempt property) total $75,000 or less and decedent died intestate (Estates Code § 205.001) Estates under it may transfer without full administration, which changes whether a trust is worth paying for.

More: Living trust costs nationwide · Texas estate planning guide · Funding your trust

Last updated: August 2026. Educational information, not legal advice or a quote.