Probate
A Texas will directs the distribution of your probate estate under court supervision. Independent administration (Tex. Est. Code § 401.001) can streamline probate meaningfully, but it is still probate — filings, notices, and inventory. A properly funded Revocable Living Trust can help avoid probate for the assets that are actually titled in the trust. Assets left outside the trust still go through probate under a pour-over will.
Privacy
Probate filings are public record. A neighbor with an internet connection can pull the will and inventory of your estate at the county clerk's office. Trust administration typically stays private. If privacy is a priority — for example, a blended family, a public-figure client, or a sensitive asset picture — the RLT + pour-over will pattern is usually preferable.
Incapacity
A will has no effect until death. A Revocable Living Trust provides a live, in-place plan for incapacity — your named successor trustee steps in to manage trust assets without a court-supervised guardianship. That said, an RLT does not replace a Statutory Durable Power of Attorney for non-trust financial matters (Social Security, tax filings, IRAs), or a Medical Power of Attorney for healthcare decisions. Every Texas plan needs those companion documents regardless.
Administration
A will requires the executor to open a probate case, obtain letters testamentary, gather assets, notify creditors, and file an inventory. Trust administration is typically faster and less formal — the successor trustee acts under the trust's authority, not the court's. Both still involve gathering assets, paying valid debts, filing final tax returns, and distributing to beneficiaries.
Cost
Up-front, a will-based plan is less expensive to draft than a trust plan. Post-death, probate has its own administration costs. The economic case for a trust is often strongest when privacy, incapacity, out-of-state real property, or a difficult beneficiary picture is on the table.