Keeping Estate Planning Simple: Why Most Texas Families Prefer Wills

At Curbside Attorney, we believe in making estate planning as straightforward and stress-free as possible. While trusts have their place, for many Texans, a well-crafted will is often the better choice. Here's why sticking to a will can give you peace of mind without the complexities and costs associated with trusts.

1. No Worries About Estate Taxes

For the majority of Texans, estate taxes are a non-issue. The federal estate tax exemption is high enough (for individuals - $13.61 million; for couples - $27.22 million) that it excludes most estates from owing any estate taxes at all. As of 2024, individuals can leave amounts upwards of $13 million without worrying about federal estate taxes, and Texas itself has no state estate or inheritance tax. This means that for most families, a simple will is sufficient to pass on assets without the burden of tax planning complications.

2. Streamlined Probate Process

Texas is known for its simplified probate procedures, especially if you have a will. Contrary to popular belief, probate isn’t something to avoid at all costs. In fact, Texas offers independent administration, which is a form of probate that is typically quick, efficient, and less costly. With an independent administration, the executor of the will can administer the estate with minimal court supervision, making the process much smoother and faster than in many other states.

With a properly drafted will and a few other steps, probating a will should not cost more than about $3000 to $4,500, which is very reasonable and substantially less than the cost of setting up and maintaining a trust.

3. High Costs and Complexity of Trusts

While trusts can be valuable in certain specific situations, they aren’t necessary for everyone. Establishing a trust can be an expensive and complex process. There’s the upfront cost of setting up a trust ($5,000 to $10,000), plus ongoing management and potential tax filing requirements. For many families, these additional complications and costs provide no significant benefit over a simple will. Trusts are often more appropriate for larger, more complicated estates or when special circumstances exist — such as providing for a disabled relative, handling out-of-state property, or avoiding probate in multiple states with complex probate systems (CA, NY, etc.).

4. Simplicity and Understandability

At Curbside Attorney, we prioritize making estate planning understandable. A will is a straightforward document that specifies who inherits your property and who will take care of any minor children. Most people find comfort in the simplicity of a will — it’s easy to create, easy to understand, and easy to change if your circumstances or wishes change. This simplicity helps ensure that your estate planning is not only effective but also clear and manageable.

Conclusion

In Texas, sticking with a will for estate planning makes sense for most families. It avoids the complexity and expense of trusts, leverages Texas’ favorable legal environment, and sidesteps concerns about estate taxes. At Curbside Attorney, we’re here to help you understand your options and create an estate plan that works for you and your family, keeping things simple and giving you peace of mind. Remember, the best estate plan is one that you understand and can manage confidently.

Ready to get started on your will? We have estate planning packages that fit most family's needs. Our most popular products are:

Estate Planning Package (for couples)

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Estate Planning Package (Single)

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If you are ready, you can purchase and get started. Or, if you have questions, contact us today at Curbside Attorney to schedule a consultation. Let us help you keep estate planning simple and effective!