A will is an important part of any estate plan. It lets you name who should receive your property, and it gives the probate court instructions on how to handle your estate. But a will doesn’t avoid probate—it sends your estate straight into it.
That’s where a trust can make a difference.
Unlike a will, a revocable living trust doesn’t go through probate. Assets held in the trust can be passed to your beneficiaries without court involvement. That usually means less delay, less expense, and a more private process.
The question is whether that matters for your situation.
If your estate is relatively simple—say, you have one home, no minor children, and your accounts have beneficiaries already listed—a will might be enough. You’ll still go through probate, but that might be manageable depending on your family and your state’s process.
But there are times when a trust is worth considering. Here are a few examples:
- You own property in more than one state. Probate has to happen in each state where you own real estate. A trust can avoid that by keeping all your property under one plan.
- You want to make things easier for your family. Probate can take months, sometimes longer. A trust lets things move more quickly, without court involvement.
- You want privacy. Wills become public record once filed with the court. Trusts generally don’t.
- You want more control over timing. A will distributes assets all at once. A trust can stagger distributions—for example, when a beneficiary turns 25 or finishes school.
- You’re concerned about family conflict. A trust gives your chosen trustee clear authority to manage things, which can help avoid disagreements.
That said, a trust isn’t a shortcut unless it’s properly funded. That means actually moving your assets into it—changing titles, updating deeds, naming the trust as the owner of certain accounts. Without that step, the trust doesn’t control anything.
Also, having a trust doesn’t replace the need for a will. You’ll still want what’s called a “pour-over will” to catch anything that wasn’t moved into the trust during your lifetime.
So, do you need a trust? Maybe. Maybe not. But it’s worth asking if your current setup would work the way you want it to—especially if you’re hoping to avoid court, delay, or confusion later on.
Sometimes a will is fine. Other times, a trust just makes things simpler.
