Free Texas Living Trust: Complete Legal Template
Manage and distribute assets while avoiding probate
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REVOCABLE LIVING TRUST AGREEMENT State of Texas This Living Trust Agreement is made on [DATE] by: GRANTOR/TRUSTOR: Name: [YOUR NAME] Address: [ADDRESS], TX [ZIP] TRUSTEE: Name: [TRUSTEE NAME] (may be same as Grantor) Address: [ADDRESS], TX [ZIP] SUCCESSOR TRUSTEE: Name: [SUCCESSOR TRUSTEE NAME] Address: [ADDRESS], TX [ZIP] ARTICLE I — TRUST NAME This trust shall be known as the "[YOUR NAME] Revocable Living Trust." ARTICLE II — TRUST PROPERTY The Grantor transfers the property listed in Schedule A to the Trustee to hold under the terms of this agreement. ARTICLE III — DURING GRANTOR'S LIFETIME The Trustee shall manage trust property for the benefit of the Grantor. The Grantor retains the right to amend, revoke, or terminate this trust at any time. ARTICLE IV — UPON GRANTOR'S INCAPACITY If the Grantor becomes incapacitated, the Successor Trustee shall manage trust assets for the Grantor's benefit. ARTICLE V — UPON GRANTOR'S DEATH Upon death, the Trustee shall distribute trust assets as follows: 1. [BENEFICIARY NAME]: [PERCENTAGE/DESCRIPTION] 2. [BENEFICIARY NAME]: [PERCENTAGE/DESCRIPTION] 3. [BENEFICIARY NAME]: [PERCENTAGE/DESCRIPTION] ARTICLE VI — TRUSTEE POWERS The Trustee shall have full power to invest, sell, lease, and manage trust property in accordance with Texas trust law. This trust is governed by the laws of Texas (TX Statutes). GRANTOR SIGNATURE: _____________________ DATE: _____ TRUSTEE SIGNATURE: _____________________ DATE: _____ NOTARY: State of Texas, County of [COUNTY] Subscribed and sworn before me this ___ day of _______, 20__. Notary Public: _____________________ SCHEDULE A — TRUST PROPERTY: [LIST ALL PROPERTY TRANSFERRED TO TRUST]
Where to File Your Living Trust in Texas
Visit your local County Clerk office to file or notarize your Living Trust.
Harris County Clerk
Houston
201 Caroline St, Houston, TX 77002
Dallas County Clerk
Dallas
509 Main St, Dallas, TX 75202
Bexar County Clerk
San Antonio
100 Dolorosa, San Antonio, TX 78205
Travis County Clerk
Austin
5501 Airport Blvd, Austin, TX 78751
Texas Living Trust Requirements
Review the following requirements to ensure your Living Trust is legally valid in Texas.
Texas Notarization
While notarization may not be required in Texas, it is recommended. Fees range from $6-$10.
Before You Sign
Review all information carefully. In Texas, a 6.25% sales tax may apply.
Legal Protection
Keep copies of all signed documents. Texas law requires all parties to receive copies of executed documents.
Texas Filing Deadlines
Check Texas deadlines for filing or recording this document with the appropriate county clerk's office.
FAQ: Living Trust in Texas
Is a Living Trust required in Texas?
Yes, in Texas, a Living Trust is required for most transactions of this type. Under Texas Trust Code § 112, the document must include all parties' information, be signed, and witnessed by at least one individual. Failure to use a proper Living Trust may result in legal complications.
Does a Living Trust need to be notarized in Texas?
Notarization requirements in Texas (TX) vary by transaction type. Notary fees in the state typically range from $6-$10. While not always mandatory, notarization adds an extra layer of legal protection and is recommended for high-value transactions.
What are the tax implications of a Living Trust in Texas?
Texas has a base sales tax rate of 6.25%. Depending on the type of transaction documented in your Living Trust, additional local taxes may apply. Consult with a Texas tax professional for specific guidance on your situation.
What is the difference between a living trust and a will?
A living trust avoids probate and takes effect immediately, while a will goes through probate after death. A trust provides privacy (not public record), can manage assets during incapacity, but requires transferring assets into the trust to be effective.
Do I still need a will if I have a living trust?
Yes, a "pour-over" will is recommended to catch any assets not transferred to the trust during your lifetime. The will directs those assets into the trust. You also need a will to name guardians for minor children.
Can I be my own trustee?
Yes, most people serve as their own trustee of their revocable living trust. You maintain full control of your assets during your lifetime. A successor trustee takes over if you become incapacitated or pass away.
Sarah Mitchell, J.D.
Legal Document Specialist
Licensed Attorney, 15+ years experience
Specializes in contract law and legal document preparation
This Living Trust template for Texas has been reviewed for accuracy and legal compliance.
Last reviewed: March 2026
Living Trust Costs in Texas
Estimated fees and processing times
| Fee Type | Cost | Notes |
|---|---|---|
| Notary Fee | $5-$15 (if required) | Texas standard rate: $6-$10 |
| Filing Fee | Varies by state | State registration (if applicable) |
| Processing Time | 1-3 business days | Typical turnaround in Texas |
| Sales Tax | 6.25% | Texas base rate (local taxes may apply) |
| Witness Requirement | 1 witness | Single witness sufficient |
| Our Template | FREE | Download instantly, no cost |
Texas Living Trust Legal Guide
For residents of Texas, ensuring this form is compliant with state-specific requirements is a top priority for legal validity.
Under Texas Trust Code § 112, residents of Texas must ensure this Living Trust complies with all state requirements. The current sales tax rate is 6.25%, and notarization costs between $6-$10. One witness is required in TX.
Ensure your transaction is legally sound in Texas with this expertly crafted, state-compliant template.
Avoid These Common Mistakes
Texas attorneys frequently see these errors:
- Using an out-of-state template that doesn't comply with TX law
- Forgetting to include required witness signatures
- Leaving fields blank or using abbreviations
- Not retaining copies for personal records
- Failing to update documents when Texas law changes
Legal Validity & Enforcement
Once properly executed, your Living Trust is legally binding in Texas and enforceable in TX courts. The document remains valid indefinitely unless revoked or superseded. Texas courts generally uphold properly executed documents, provided they comply with applicable TX statutes.
Completing Your Living Trust
The process in Texas is straightforward but detail-oriented. Begin with the header information, proceed through each section methodically, and ensure all TX-required fields are completed. Texas courts take document completeness seriously — missing information can delay or invalidate your filing.
Meeting Texas's Legal Threshold
For your Living Trust to hold up in a Texas court, it must satisfy the state's statutory requirements. TX law emphasizes clear language, mutual consent, and proper execution. We've built these requirements directly into our template.
Once properly executed, your Living Trust is legally binding in Texas and enforceable in TX courts. The document remains valid indefinitely unless revoked or superseded. Texas courts generally uphold properly executed documents, provided they comply with applicable TX statutes.
Completing Your Living Trust
The process in Texas is straightforward but detail-oriented. Begin with the header information, proceed through each section methodically, and ensure all TX-required fields are completed. Texas courts take document completeness seriously — missing information can delay or invalidate your filing.
Meeting Texas's Legal Threshold
For your Living Trust to hold up in a Texas court, it must satisfy the state's statutory requirements. TX law emphasizes clear language, mutual consent, and proper execution. We've built these requirements directly into our template.
For your Living Trust to hold up in a Texas court, it must satisfy the state's statutory requirements. TX law emphasizes clear language, mutual consent, and proper execution. We've built these requirements directly into our template.
Document Information
- Document
- Living Trust
- State
- Texas (TX)
- Category
- Estate Planning
- Format
- PDF / Word / Print
- Cost
- 100% Free
- Sales Tax
- 6.25%
- Notary Fee
- $6-$10
Texas Legal Requirements
Governing Statute:
State Law
- ✓Consult with a licensed attorney for specific requirements
Legal Disclaimer
This template is for informational purposes only and does not constitute legal advice. Laws in Texas may change. Consult a licensed attorney for advice specific to your situation.