Last updated July 18, 2026
Every Texas trust runs on the same statutory chassis — the Texas Trust Code(Prop. Code, title 9): created by a signed writing (s. 112.004), revocable unless expressly otherwise (s. 112.051), spendthrift-protectable by declaration (s. 112.035), and adjustable through the judicial valves (s. 112.054). The “types” below are drafting patterns for different jobs. This is general information about Texas law, not legal advice.
Revocable living trust
The management chassis: you keep control (revocable by default in Texas, Prop. Code s. 112.051), a successor trustee steps in at incapacity, and funded assets pass privately at death. No creditor protection for you — that is not its job.
Testamentary trust
Born inside your will and funded at death through probate — the low-cost way to leave an inheritance IN trust (for minors, staged distributions, or spendthrift protection) without maintaining a trust during life.
Spendthrift trust
Any trust whose terms restrain transfer of a beneficiary's interest (s. 112.035 — the magic words 'spendthrift trust' suffice). Protects beneficiaries from their own creditors; never a self-settled shield (s. 112.035(d)).
Special-needs trust
A discretionary, irrevocable structure that supplements a disabled beneficiary's care without disqualifying them from means-tested benefits. Drafting precision is everything — this one is attorney work.
Life-insurance trust (ILIT)
An irrevocable trust that owns the policy so the death benefit lands outside the taxable estate — relevant for estates near the federal exclusion, and a classic completed-gift structure.
Charitable trusts
Charitable remainder and lead structures split value between family and charity with tax advantages; Texas practice layers them onto larger estates. Specialized drafting and administration.
Trusts for minors
Whether testamentary or living, a minor's share belongs in trust — Texas has no magic age machinery that manages an outright gift to a 19-year-old. Staged distributions and a trustee you actually trust.
The community-property layer
Not a type but a Texas drafting reality: joint settlor trusts funded with community property must preserve character (survivor's rights, basis at death). Out-of-state forms miss it; Texas drafting tracks it.
Answer the intake once — your Texas Estate Plan picks the trust architecture your facts call for, and routes the specialized structures to attorney review.
Start your Texas Estate PlanGeneral information about Texas law, not legal advice, and not a substitute for the advice of an attorney. EstateDraft is software, not a law firm.
Frequently asked questions
- What trust types does Texas law recognize?
- The Texas Trust Code (Prop. Code, title 9) governs them all under one framework — creation by signed writing (s. 112.004), revocable by default (s. 112.051), spendthrift protection by simple declaration (s. 112.035), and judicial modification valves (s. 112.054). The 'types' are drafting patterns on that chassis: revocable living, testamentary, spendthrift, special-needs, ILIT, charitable, and minors' trusts.
- Which trust do most Texas families actually need?
- Usually either no living trust at all (a will-centered plan with testamentary trust provisions for minors) or one revocable living trust. Texas's cheap probate changes the default; the specialized irrevocable structures earn their complexity only for specific tax, benefits, or protection jobs.
- Does naming a trust 'spendthrift' really work?
- Yes — s. 112.035(b): declaring that a beneficiary's interest is held subject to a 'spendthrift trust' is sufficient to restrain voluntary and involuntary alienation. The protection fails only for a settlor-beneficiary (s. 112.035(d)) and against the claim classes the law elevates.
- Can one trust do several of these jobs?
- Yes — a well-drafted revocable living trust typically CONTAINS the others as sub-trusts that spring at death: spendthrift shares for adult children, minors' trusts, even special-needs carve-outs. The architecture is one instrument, many futures.
General information about Florida law, not legal advice.