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To create a living trust in Texas, you must find a licensed attorney familiar with the laws of trusts in Texas. The attorney will advise you on how best to manage your property through the trust and help you develop a document that outlines your wishes.
As long as you are confident that your trust is validly formed in ance with state law, recording is not required nor necessary. However, for extra peace of mind, you may choose to record your Certificate of Trust with the county clerk's office in order to protect it from unauthorized changes or access.
Like a will, a living trust outlines how you want your assets distributed after death. However, because you place property into the trust before your death, the trust instrument doesn't need to be validated by probate.
In Texas, you can make a living trust to avoid probate for any asset you own ? vehicles, bank accounts, real estate, etc. To do so, you will need to draft a trust document that names someone the trustee after your death. Ownership of your property is then given to the trustee of the trust.
Upfront and ongoing costs: Setting up a living trust can be expensive, as it typically requires the help of an attorney. Not only is there the cost of drafting the trust document, but also if real estate is going into the trust, new deeds must be prepared and notarized. There are filing fees to record the deeds.