Deciding whether to create a trust online is an important decision—a decision with lasting implications. 

The allure of convenience and cost savings can be tempting, but the nuances of estate planning warrant careful consideration. 

A revocable trust serves as a cornerstone in managing your assets both during life and after, allowing far more control than traditional wills.

The risks involved with online creation services are not insignificant; they often use one-size-fits-all solutions that may overlook individual needs. 

Long-term financial stability and family harmony could be at stake if these tools fail to address specific legal complexities like estate tax, real estate, probate attorney fees, and trust administration.

That is why we created this expert guide to help you decide what is right for you and your family.  

Because you need to understand all the issues related to online trust services.  

Should You Create a Trust Online? Making an Informed Decision on Trust Creation

While it might seem convenient initially to use an online service for setting up a revocable living trust, doing so could be more costly both financially and emotionally due to its inherent limitations. 

The allure of online platforms offering trust creation may seem tempting with their promise of convenience and low cost. 

But the question remains: at what potential risk?

When you create a trust online, you’re often relying on generic templates that cannot account for individual circumstances or complex family dynamics. 

This one-size-fits-all approach can lead to significant oversights, particularly if your estate involves real estate property, life insurance, considerable assets, business interests, or intricate familial arrangements.

The reality is that trusts involve nuanced legal strategies designed to safeguard not just financial wealth but also family harmony. 

An online estate planning tool cannot provide personalized advice tailored to unique situations—advice that can be critical in avoiding future litigation or disputes among beneficiaries or heirs.

By contrast, consulting with a specialized estate planning attorney, especially those well-versed in Texas estate law like Thomas-Walters PLLC., offers personalized legal advice crafted to meet your unique needs.

Wise decision-making entails recognizing when specialized knowledge is paramount—and crafting an effective estate plan certainly qualifies as such a situation.

Why a Professional Should Be Trusted With a Revocable Living Trust

A revocable living trust is a powerful tool in estate planning, that allows individuals to manage their assets during their lifetime and seamlessly transfer them upon death. 

This arrangement can be altered or dissolved as long as the grantor—the person who creates the trust—is alive and well. 

So you don’t lose control of your assets when creating a trust. But you gain greater financial security.

The central purpose of such a trust is to provide clear guidance on how one’s assets should be handled and distributed without the need for probate court involvement. 

By avoiding probate, families often save time and money while maintaining privacy regarding the details of an estate. 

It should also include what you should not put in a trust. 

To effectively establish a revocable living trust, certain steps must be meticulously followed; from selecting beneficiaries to transferring title of property into the name of the trust. 

While this process may seem straightforward at first glance, overlooking even minor details can lead to significant issues down the line—making expert legal guidance not just beneficial but essential.

Texas Legal Requirements for a Valid Trust

When you create a revocable living trust in Texas, certain legal requirements must be met to ensure it’s enforceable:

• Capacity: The grantor must have legal capacity at the time the trust is created.

• Intent: The trust instrument must show clear intent to create a trust.

• Trustee and Beneficiary: The trust must name a trustee (and successor trustees) and one or more identifiable beneficiaries.

• Funding the Trust: Assets must actually be transferred into the trust—retitling deeds, accounts, and other property. A trust document alone doesn’t move assets.

• Execution: While Texas does not require witnesses for most revocable trusts, signatures should be notarized to reduce disputes.

• Compliance with the Texas Trust Code: Trustee duties such as loyalty, prudent investment, and accounting apply once the trust is in effect.

5 Problems That Come From Online Trust Creation Services

Creating a revocable living trust online might seem convenient, but this approach often falls short. 

Without personalized advice from an attorney specializing in trusts, you could miss out on key legal strategies or make errors with significant consequences. 

1. You May Commit Key Legal Mistakes

When individuals attempt to create trusts on their own, they often don’t foresee the intricate legal challenges that can surface. 

Like knowing the difference between a revocable and irrevocable trust.

2. The Online Trust May Overlook State-specific Laws

Overlooking the impact of state-specific laws (like Texas Trust Laws) can lead to disputes among beneficiaries or even render parts of the trust invalid.

The American Bar Association highlights how personalized legal advice is crucial for addressing state-specific nuances in estate planning.

3. The Online Trust Fails to Protect The Estate and It Goes to Probate

An improperly constructed trust might fail to protect assets from estate tax. These oversights can result in costly probate proceedings or unanticipated tax liabilities. 

Probate court is a challenging affair that requires your family to work with the state court to get the estate they deserve.

4. Surprise Financial Consequences to Online Trust Templates

A living revocable trust, for instance, is a complex legal document that if not drafted correctly, could lead to significant financial repercussions.

For example, if your estate goes into probate court, you may have to pay extensive legal fees to navigate probate court. Additionally, most “standard” online trusts are not going to adequately account for unique circumstances such as planning for special needs, adjusting for blended families, and more. 

5. Emotional Costs of DIY Trusts Impact Family

Beyond these tangible costs lies an even more daunting risk: family discord. An ambiguous trust can sow confusion and conflict among beneficiaries—emotions run high when inheritance is at stake.

Remember that a poorly constructed trust might end up costing more than just professional fees—it can erode family relationships and result in lengthy court battles. DIY is is not the way to go when it comes to wills and trusts.

Where Online Trusts Often Misfire in Texas

While online services can be attractive for their low cost, they often fall short in key areas:

• Failure to Fund the Trust: Many people think signing the document transfers assets automatically. In reality, property titles, accounts, and beneficiary designations must be retitled into the trust.

• Using Non-Texas Forms: A generic template may not comply with Texas Trust Code provisions, leading to invalid or incomplete terms.

• Ambiguous Trustee Powers: DIY documents often omit important powers or duties, creating confusion or litigation when the trustee acts.

• No Medicaid or Tax Planning: Online forms rarely address complex issues like Medicaid asset protection or estate and capital gains taxes.

• Improper Execution: Missing signatures, wrong notarization, or lack of formalities can open the door to challenges.

• No Update Mechanism: Life events—marriage, divorce, birth of a child—require updates. Online trusts often go stale because no one reminds the grantor.

The Value of an Attorney Specializing in Trusts: Complexities That Require Professional Judgment

When it comes to safeguarding your assets and ensuring they are distributed according to your wishes, a revocable living trust is often recommended. But this depends upon your unique circumstances.

But setting up such a legal document is no small feat; it’s intricate work that requires a nuanced understanding of estate law. 

Here’s where the expertise of an attorney specializing in trusts becomes invaluable.

An experienced attorney will navigate you through complex tax implications and ensure compliance with ever-changing laws. 

They’ll also offer guidance on selecting suitable trustee(s) who can manage the trust responsibly, thus avoiding future disputes or litigation. 

A specialist brings more than just technical knowledge; they provide peace of mind by tailoring your estate plan to fit unique family dynamics and personal goals. 

And when it comes to selecting trustees, it’s about finding individuals who can navigate these waters with wisdom—a task simpler said than done.

The professional judgment required here transcends what generic online platforms offer because this isn’t cookie-cutter law—it’s tailor-made precision.

Benefits of a Professional Estate Planning Attorney to Build Your Trust

There are many reasons why you should use an attorney to create your revocable living trust vs. turning to online trust templates. 

Here are some of the benefits of hiring a professional estate planning attorney. An experienced local attorney can:

-Help you draft a customized and effective revocable living trust that meets your specific needs and goals. They can advise you on the best type of trust for your situation, the optimal distribution of your trust assets, and the tax implications of your choices.

-Review the trust document you created and ensure that it complies with the laws and regulations of your state. They can also help you update or amend the trust as needed to reflect any changes in your circumstances or wishes.

-Assist you with the process of transferring your assets into the trust and changing the title or ownership records accordingly. Funding the trust requires meticulous attention to ensure each asset is properly transferred—miss one, and you might just find yourself in legal limbo. This can save you time, money, and hassle by avoiding potential errors or delays. 

-Protect your privacy and confidentiality by drafting a trust document that does not disclose your estate plan to anyone who does not need to know. They can also help you avoid probate by ensuring that your assets are distributed according to your instructions without going through a court process.

-Provide you with peace of mind by helping you plan for the future and ensure that your loved ones will receive what they deserve from your estate. They can also answer any questions or concerns you may have about creating a revocable living trust or using it effectively.

A specialist will help navigate complex tax considerations, offer guidance on funding mechanisms for the trust, and assist in selecting appropriate trustees—elements often glossed over by DIY methods.

These elements are crucial for creating durable legal structures capable of standing up against challenges down the road.

Final Thoughts on Should You Create a Trust Online?

More and more people are turning to online tools due to familiarity, but important and life-altering documents like trusts should not be approached lightly.

Data & Trends: How Many Americans (and Texans) Are Using Online Trusts vs. Traditional Methods

Recent surveys show that while more people are aware of the importance of estate planning, relatively few actually have complete documents.

According to the Trust & Will 2025 Estate Planning Report, about 31% of Americans have a will, and only 11% have a trust. Meanwhile, Caring.com’s 2025 Wills & Estate Planning Survey found that 24% of respondents reported having a will, and just 13% reported having a living trust.

Also, a 2022 survey by Gentreo noted that among those who have wills or other estate-planning documents, about 22% used online tools to create them — up from ~17% in prior years.

As for Texas, specific data on how many Texans have used online trust creation is hard to come by in public surveys. State reports tend to focus on wills, estate tax issues, or probate delays rather than on distinguishing how many documents were created online.

Thus, while we can see that the use of online living trust tools is growing nationwide, there’s not yet reliable published statistical data showing the percentage of Texans using those tools as opposed to traditional in-person legal services.

However, Texas has adopted Remote Online Notarization (RON) through House Bill 1217, effective July 1, 2018. This change has made it much easier to set up a trust online, execute an online revocable living trust, and complete other estate-planning documents digitally while still complying with Texas law.

Although court and filing statistics do not yet break out how many Texans use online trust services versus in-person attorneys, this legal framework has clearly opened the door for more residents to consider creating a trust online safely and legally.

So, should you create a trust online? We don’t recommend it.

One size doesn’t fit all. Your assets and family deserve tailored care, not generic templates.

Weigh your options carefully. Remember: Peace of mind comes from knowing it’s done right; professional help is invaluable when it comes to protecting what matters most.

Reach out to Thomas-Walters, PLLC. We have helped many families with their estate planning. We can do the same for you.

FAQs on Creating a Trust Online

Do I really need to set up a trust?

The decision to establish a trust hinges on multiple factors like asset types, privacy concerns, and family dynamics. Trusts bypass probate court proceedings, thus granting a swifter distribution of assets while maintaining confidentiality. If these benefits align with your goals, setting up a trust could be imperative.

Can you set up a trust online in Texas?

Yes. You can use an online trust creation platform to draft a revocable living trust online, but you must still meet all Texas legal requirements such as capacity, proper execution, and funding the trust for it to be valid.

Are online wills a good idea?

An online will might seem convenient but consider this: estate planning laws vary significantly across states and personal situations differ vastly. A generic form may not capture nuances pertinent to individual needs or comply with all state regulations—a risk that shouldn’t be taken lightly when it comes to estate planning.

Can I trust online services to create a trust?

Digital platforms offer templates at lower costs than attorneys do—this much is true—but what value does expert advice hold? Complexities such as tax implications and proper funding strategies necessitate tailored guidance from someone who grasps the intricacies of Texas law.

Are online trusts legal?

An online revocable living trust is legal if it complies with Texas Trust Code requirements and is executed properly. However, generic templates may omit state-specific provisions, so attorney review is strongly recommended.

Are online trusts safe?

Online trust platforms can be convenient, but safety depends on the accuracy of the document, proper notarization, and secure handling of your personal data. Errors or missing steps can lead to probate or disputes later.

What is the difference between an online revocable living trust and a traditional trust?

An online revocable living trust is typically a do-it-yourself template you fill out online. A traditional trust prepared by an attorney is customized to your situation, funded correctly, and reviewed for compliance with Texas law.

Does an online trust automatically transfer my property?

No. Even after creating a living trust online, you must transfer (fund) your assets into the trust by retitling deeds, accounts, or other property. Otherwise the trust may not avoid probate.

Can I update or revoke a trust created online?

Yes. A revocable living trust—whether drafted online or by an attorney—can generally be amended or revoked during your lifetime if you have capacity. Updates must be executed with the same formalities as the original trust.

What risks come with using online trust creation services?

Common risks include using non-Texas forms, failing to fund the trust, omitting trustee powers, and not planning for taxes or Medicaid. These errors can cost far more than the savings from doing it yourself.

How does online trust creation affect privacy?

While a trust can keep your estate out of public probate records, using an online platform may expose your personal data to third parties. Choose secure providers and consider legal counsel for sensitive information.

Is an online revocable trust enough for complex estates?

Complex estates with blended families, business interests, or special-needs beneficiaries usually require custom drafting. A simple online trust may not provide adequate protection or flexibility.