Quick answer: the single most common mistake is signing the trust but never retitling assets into it — especially real estate. An unfunded trust leaves the estate in full Texas probate. See what that would cost in the Texas probate vs living trust calculator.
1. Real estate never deeded into the trust
Texas real estate requires a new deed transferring the property from the individual owner's name into the trust's name, and that deed must be properly recorded with the county clerk. A trust document alone, however carefully drafted, does not move title on its own — this is consistently the single biggest funding gap, and it's exactly the step a complete trust package should include rather than leave to the client.
2. Community property titled incorrectly
3. Financial accounts left titled individually
Bank and brokerage accounts need to be either retitled into the trust's name or given trust beneficiary designations. Accounts left in an individual's name pass outside the trust and typically land back in the probate estate.
4. Assets acquired after the trust was created
A trust only covers what's actually transferred into it. A new account, vehicle, or newly purchased property acquired after the trust was signed needs its own separate transfer — the trust doesn't automatically absorb future acquisitions.
5. Assuming muniment of title is a safety net
If unfunded assets are left behind, muniment of title can only rescue them when the estate meets its own narrow bar: a valid will and no unpaid debts other than those secured by real property. Any real unsecured debt takes that option off the table, leaving unfunded assets to face full independent or dependent administration — exactly the cost a properly funded trust was meant to avoid.
A local probate attorney can review your estate — many offer a free consultation.