As a Texas estate planning attorney with over 12 years of drafting custom irrevocable trusts for high-net-worth families, business owners, and real estate investors across the state, I’ve created hundreds of irrevocable living trusts tailored to Texas law. Today, I’m sharing a free, attorney-drafted Texas irrevocable trust template that you can download, customize, and use as a starting point for your own planning.
Important Disclaimer: This Texas irrevocable trust form and the information in this article are for general informational purposes only and do not constitute legal advice. Estate planning laws vary by situation, and an error can have significant tax or asset-protection consequences. Always consult a licensed Texas attorney before executing any trust document.
↓ Click Here to Download the Free Texas Irrevocable Trust Template (Word + PDF)
A Texas irrevocable living trust is a legal document created during your lifetime (hence “living”) that becomes irrevocable—meaning it generally cannot be changed or revoked—once signed and funded. Unlike a revocable living trust, an irrevocable trust removes the assets from your personal estate for tax and creditor-protection purposes.
Texas residents most commonly use an irrevocable living trust in Texas to:
| Feature | Revocable Living Trust | Irrevocable Living Trust (Texas) |
|---|---|---|
| Can you change or revoke? | Yes, anytime | No (or only in very limited circumstances with court/consent) |
| Asset protection from creditors? | No | Generally yes |
| Removes assets from taxable estate? | No | Yes – major estate-tax advantage |
| Avoids Texas probate? | Yes | Yes |
| Medicaid planning eligible? | No (countable asset) | Yes (if properly structured & timed) |
Texas follows the Uniform Trust Code (Texas Property Code Title 9, Subtitle B) with several important state-specific provisions:
Source: Texas Estates Code & Property Code (verified Nov 2025)
My 2025-updated template includes:
Download Free Texas Irrevocable Trust Template Now
Decide the primary goal: - Estate tax reduction → ILIT or GRAT/QPRT - Lawsuit protection → Texas Asset Protection Trust (TAPT) - Medicaid planning → Medicaid Asset Protection Trust (MAPT) - Special needs → Supplemental Needs Trust
Search-and-replace placeholders such as [GRANTOR NAME], [TRUSTEE NAME], [DATE], etc. Pay special attention to Article IV (Irrevocability Clause) and Article VII (Spendthrift Provision).
Texas requires: - Grantor signature before a notary public - No witness requirement for the trust itself (but recommended) - Self-proved affidavit if including pour-over will
Reference: Tex. Est. Code § 256.152
An unfunded trust is worthless. Common Texas funding steps: - Real estate → Prepare and record a Warranty Deed to “[Your Name], Trustee of the [Trust Name] dated [Date]” - Bank/brokerage → Provide Certification of Trust + request account retitling - LLC interests → Amend operating agreement + new membership certificate
Texas banks and title companies almost always accept a short-form certifications instead of the full trust. My download includes this exact language (compliant with Tex. Prop. Code § 114.086):
CERTIFICATION OF TRUST State of Texas § County of ________ § The undersigned declares: 1. The [Trust Name] dated [Date] exists and was executed on [Date]. 2. The Settlor(s) is/are: [Name(s)]. 3. The currently acting Trustee(s) is/are: [Name(s)]. 4. The Trustee has full power to [encumber, sell, convey, etc.] without beneficiary consent. 5. The trust is irrevocable / revocable [circle one]. ... [Notary block]
Can I be my own trustee of a Texas irrevocable trust?
Generally no for asset-protection or estate-tax trusts. You can retain certain powers (e.g., replace trustee, veto distributions), but naming an independent trustee is safer.
Does Texas tax irrevocable trusts?
No state income tax. Only federal rules apply.
Can I move an out-of-state irrevocable trust to Texas?
Yes – Texas allows trust “migration” via decanting or change of situs.
How much does a custom Texas irrevocable trust cost?
Simple ILIT: $2,500–$5,000. Complex dynasty or asset-protection trusts: $8,000–$20,000+.
A properly drafted and funded Texas irrevocable trust remains one of the most powerful wealth-preservation tools available to residents in 2025 and beyond. While my free template gives you a professional, Texas-compliant starting point, every family’s situation is unique.
Download Your Free Texas Irrevocable Trust Form (Word + PDF) – Updated 2025
Remember: This is not legal advice. Schedule a consultation with a board-certified Texas estate planning attorney to ensure your trust achieves your goals and complies with current IRS and Texas law.
Wishing you and your family continued prosperity,
[Your Name], Esq.
Board Certified – Estate Planning & Probate Law (Texas Board of Legal Specialization)
Sources:
- Internal Revenue Service (irs.gov) – Estate Tax Exemption 2025
- Texas Property Code §§ 111-123
- Texas Estates Code