A revocable living trust avoids probate only for property that is titled in the trust. For most Texas families that means the house — and a surprising number of trusts are signed, filed away, and never receive it.
The steps
- Pull the current deed to confirm exactly how title is held and the legal description.
- Prepare a new deed from you (and your spouse, if the home is community property) to yourselves as trustees of the trust.
- Sign before a notary.
- Record the deed with the county clerk where the property sits — for example Travis, Hays or Burnet County.
- Follow up with the appraisal district, your insurer and your title policy, as below.
Homestead exemption
Texas allows a home held in a qualifying trust to keep its residence homestead property tax exemption, provided the trust gives you the right to live in the home. Your trust should include that language. Check with your county appraisal district whether it wants an updated application or a copy of the trust provisions. Transferring to your own revocable trust also does not, by itself, change your appraised value.
Your mortgage
Federal law generally prevents a lender from calling a loan due because you transferred your home to a revocable trust in which you remain a beneficiary and continue to live. Notifying the lender is still sensible.
Title and homeowners insurance
- Homeowners insurance: ask your insurer to add the trust or trustees as an additional insured, so there is no dispute about coverage after a claim.
- Title insurance: your owner's policy may not automatically cover the trust. Ask your title company whether coverage continues or an endorsement is available.
Using the wrong legal description. Leaving one spouse off the deed. Deeding to “the trust” rather than to the trustees. Forgetting to record it. Refinancing later and having the lender require the house be taken out of the trust — and never putting it back.
Is a trust the right tool for the house?
For many Texas homeowners, a transfer-on-death deed accomplishes the same probate-avoidance goal for the home with less paperwork. A trust is the better fit when you want a trustee to manage the property after your death, have beneficiaries who should not own real estate outright, own property in several states, or want management in place if you become incapacitated.
If long-term care is a concern, get advice before retitling: how the home is held affects Medicaid and estate recovery.
Common questions
Does putting my house in a trust protect it from lawsuits?
Not a revocable trust. The home remains yours for creditor purposes. Texas's homestead protections, which are strong, apply regardless.
Can I sell the house later?
Yes. As trustee, you sign the deed to the buyer just as you would have before.
This guide is general information about Texas law as of September 2026, not legal advice for your situation. Laws and dollar figures change, and small facts change outcomes. Reading it does not create an attorney-client relationship. Grover C. Peters III is responsible for this content.