A Texas revocable living trust form is a written document you fill out to transfer ownership of your assets into a trust you control during your lifetime, with instructions for passing those assets to your beneficiaries at death without probate. You complete it by identifying yourself as the settlor, naming a trustee (usually yourself) and successor trustees, listing the property going into the trust, naming beneficiaries and their shares, and signing the document. Texas Property Code Chapter 112 sets the rules, and they’re lean: a written document, your signature, intent, trust property, and a lawful purpose. Everything else is practical mechanics.
What to Gather Before You Fill Anything Out
Pulling the details together first prevents half-finished forms and incorrect entries.
- Full legal names and addresses for yourself (the settlor or grantor — Texas treats the terms as interchangeable), the trustee, any successor trustees, and every beneficiary.1State of Texas. Texas Property Code PROP 111.004
- Asset descriptions. For real estate, use the legal description from the current deed, not the tax roll, which is often inaccurate. For financial accounts, note the institution and account number. For vehicles, record the VIN and current title information.
- Distribution instructions. Decide what each beneficiary gets: specific items, dollar amounts, or percentage shares. Decide whether distributions happen immediately on your death or are staggered, which is common when beneficiaries are young.
- Trustee powers. Think through what authority the trustee needs: buying, selling, and managing investments; handling real estate; making distributions; hiring professionals. Most templates include a broad powers clause, but read it against your situation.
If you’re married, pay attention to community property. Texas is a community property state, so most assets acquired during the marriage belong equally to both spouses, and transferring community property into a trust generally requires both spouses’ consent. Separate property — anything owned before the marriage or received as a gift or inheritance — can be moved in by the owning spouse alone. Keep clear records of which is which.
Filling Out the Form, Section by Section
Templates vary in order, but the core sections are the same.
Opening Declaration
Identify yourself as the settlor and name the initial trustee. In most revocable living trusts you serve as both. Name at least one successor trustee to step in if you become incapacitated or die, and consider a second backup in case the first can’t serve. Pick people you trust with financial decisions.
Trust Property
List the assets going into the trust. Be specific. “My house” isn’t enough; use the legal description from the deed. Identify financial accounts by institution and account type. Many forms use a separate schedule or exhibit attached at the back for this. A trust cannot exist without property; an empty trust is legally void.2State of Texas. Texas Property Code Section 112.001 – Methods of Creating Trust
Beneficiaries
Name each beneficiary by full legal name and set out what they receive. If a beneficiary should receive their share only on reaching a certain age, or in installments, spell that out. You can also name contingent beneficiaries who inherit if a primary beneficiary dies before you do.
Trustee Powers
Define what the trustee can and cannot do with trust property. Standard forms grant broad authority: selling real estate, managing investments, distributing income and principal, filing tax returns, hiring accountants or attorneys. If you want to restrict the trustee’s ability to sell a particular asset such as a family home, add that limit here.
Revocability Clause
Under Texas law a trust is presumed revocable unless the document expressly says otherwise.3State of Texas. Texas Property Code Section 112.051 – Revocation, Modification, or Amendment by Settlor Most people creating a living trust want it revocable so they can change it later. The form should state this clearly.
Legal Requirements for a Valid Trust
Texas requires four things. Miss one and the trust fails.
- Intent. You must actually intend to create a trust, not just make a gift or informal arrangement. The written document usually satisfies this, but vague language about “hoping” someone manages your property won’t.2State of Texas. Texas Property Code Section 112.001 – Methods of Creating Trust
- Trust property. Something of value must be assigned to the trust. Real estate, cash, stocks, a vehicle, almost anything with identifiable value works, but it can’t be nothing.
- A lawful purpose. The objectives must be legal and not contrary to public policy. A trust designed to hide assets from a court-ordered obligation would be unenforceable.4State of Texas. Texas Property Code Section 112.031 – Trust Purposes
- Written evidence signed by the settlor. Texas enforces a statute of frauds for trusts; the terms must be in writing and carry the settlor’s signature.5State of Texas. Texas Property Code Section 112.004 – Statute of Frauds
You must be at least 18 and mentally competent when you sign. No consideration is required; you aren’t entering a contract, you’re declaring how your property will be managed.6State of Texas. Texas Property Code Section 112.003 – Consideration
One rule that catches people off guard: Texas limits how long a trust can last. For trusts created on or after September 1, 2021, all interests must vest within 300 years of creation, or within 21 years after the death of someone alive when the trust was created, whichever period is longer. Real property held in trust has a tighter limit: the trust cannot direct that a real property asset be retained or refuse to allow its sale for more than 100 years.7State of Texas. Texas Property Code PROP 112.036 – Rule Against Perpetuities
Signing the Document
Texas does not require notarization or witnesses for a living trust to be legally valid.8Texas Law Help. Notary Signing Explained The document becomes enforceable when you sign it. Even so, getting it notarized is strongly recommended, because banks, title companies, and county clerks will almost always ask for a notarized trust document before they’ll retitle assets into the trust’s name. Skipping the notary saves a few dollars now and creates headaches later.
To notarize, bring the unsigned trust and a valid photo ID to a notary public. Sign in the notary’s presence; do not sign in advance. The notary verifies your identity, watches you sign, applies an official seal, and attaches a certificate of acknowledgment. Under Texas Government Code Section 406.024, a notary may charge up to $10 for the first signature and $1 for each additional signature.9State of Texas. Texas Government Code Section 406.024 – Fees Charged by Notary Public Witnesses are not required. Some people add them anyway as extra evidence of capacity and voluntary signing, but the law doesn’t demand it.
Funding the Trust
A signed trust document that owns nothing is a legal nullity. Funding — retitling asset ownership from your name into the trust’s name — is where most people stall and the step that determines whether the trust actually works.
Real Estate
Execute a new deed, typically a warranty deed or special warranty deed, transferring the property from yourself individually to yourself as trustee of the trust. The deed must include the property’s legal description, the trust name, the trustee’s name, and the date the trust was created. File the signed and notarized deed with the county clerk’s office where the property sits. Recording fees in Texas run roughly $25 for the first page and $4 for each additional page, with slight variation by county.10Bexar County, TX – Official Website. Real Property Recording Fees
If you own real estate in another state, you must follow that state’s deed and recording requirements to move the property into your Texas trust. The trust document itself is governed by Texas law, but the deed transferring real property must comply with the law of the state where the property is located. Doing this avoids ancillary probate, which would otherwise force your beneficiaries to open a separate probate case in each state where you own property.
Financial Accounts
Contact each bank, brokerage, or investment firm and ask to retitle the account in the trust’s name. The institution will typically require either a full copy of the trust document or a certification of trust. Texas law lets you provide a certification instead of handing over the entire trust: a shorter document confirming the trust exists, identifying the trustee, and describing the trustee’s relevant powers, without revealing beneficiaries or distribution instructions.11State of Texas. Texas Property Code PROP 114.086 – Certification of Trust Most institutions accept it, and it protects your privacy.
A note on deposit insurance: the FDIC insures revocable trust accounts at $250,000 per beneficiary, up to a maximum of $1,250,000 if you name five or more beneficiaries.12FDIC. Your Insured Deposits
Vehicles
Transferring a vehicle requires filing an Application for Texas Title and/or Registration (Form 130-U) with your county tax assessor-collector’s office, along with the current title and a title application fee of $28 or $33.13Texas Department of Motor Vehicles. VTR-121 – Beneficiary Designation for a Motor Vehicle The new title will list the trustee and trust name as the owner.
Tangible Personal Property
For furniture, jewelry, art, and household items, sign a general assignment document listing the items being transferred into the trust. It’s a short paper, signed and dated by you as settlor, stating that you transfer the listed items to the trust. Keep it with the trust document.
Tax ID and IRS Treatment
While you’re alive and serving as trustee of your own revocable trust, the IRS treats the trust as invisible. You don’t need a separate tax identification number; the trust uses your Social Security number, and all income earned by trust assets gets reported on your personal Form 1040. No separate trust return.
Transferring assets into a revocable trust also doesn’t trigger a gift tax. Because you keep full control and can take the assets back at any time, the IRS doesn’t treat the transfer as a completed gift.
After you die, the picture changes. The trust typically becomes irrevocable, and your successor trustee must apply for a separate Employer Identification Number (EIN) from the IRS. From that point on the trust files its own income tax return on Form 1041 if it earns taxable income or has gross income of $600 or more.
Changing or Revoking the Trust Later
As long as the trust is revocable and you’re mentally competent, you can change it whenever you want: add or remove beneficiaries, swap trustees, rewrite distribution instructions, add new property, or pull property back out. Any amendment must be in writing and signed by you.3State of Texas. Texas Property Code Section 112.051 – Revocation, Modification, or Amendment by Settlor If an amendment expands the trustee’s duties, the trustee must expressly consent.
You can also revoke the entire trust and take everything back. The revocation must be in writing. Once revoked, asset titles have to be transferred back into your individual name, which is the same retitling process in reverse.
A Pour-Over Will as Backstop
Even a well-funded trust almost always misses something. You might open a new bank account six months later and forget to title it in the trust’s name. A pour-over will catches those stray assets by directing that anything left in your individual name at death be transferred into the trust. Assets flowing through a pour-over will do go through probate, so the goal is to fund the trust thoroughly and leave the will as little work as possible.
What a Revocable Trust Will Not Do for Government Benefits
A revocable living trust does not protect assets from means-tested government programs. Because you can revoke the trust and reclaim the property, agencies like the Social Security Administration and the Texas Medicaid office treat those assets as still yours. For Supplemental Security Income, countable resources cannot exceed $2,000 for an individual or $3,000 for a couple, and trust assets count toward those limits.14Social Security Administration. Understanding Supplemental Security Income SSI Resources For Medicaid long-term care eligibility, Texas counts the value of assets held in a revocable trust, including your home, as available resources. An irrevocable trust may offer more protection in some situations, but it comes with the permanent tradeoff of giving up control. If you rely on or plan to apply for these benefits, consult an elder law attorney before creating a trust.