Do I Need a Will or a Trust?
Understanding how wills and trusts work—and why many estate plans include both.
Key Points
Wills and trusts are different legal tools designed to accomplish different goals.
One is not automatically better than the other.
Many comprehensive estate plans include both a will and a revocable living trust.
A will generally directs the probate process.
A trust can own and manage assets during your lifetime and after your death.
One of the most common questions people ask about estate planning is whether they need a will or a trust.
It's a reasonable question—but it assumes the two documents are competing alternatives.
In reality, they serve different purposes, and many comprehensive estate plans include both.
Rather than asking which one is "better," it's more helpful to understand what each one does, what each one does not do, and how they often work together.
What Is a Will?
A will is a legal document that directs how your probate property should be distributed after your death.
If probate is required, the will serves as the primary set of instructions for that process.
(See: What Is a Will?)
What Is a Revocable Living Trust?
A revocable living trust is a legal arrangement that can own and manage assets during your lifetime, during any period of incapacity, and after your death.
Properly funded trust assets can often pass without probate.
(See: What Is a Revocable Living Trust?)
Wills and Trusts at a Glance
FeatureWillRevocable Living TrustPrimary purposeDirects probate propertyOwns trust propertyWhen effectiveAt deathDuring lifeControlsProbate assetsTrust-owned assetsAvoids probateNoOften, if properly fundedPlans for incapacityNoYesNames guardianYesNoNames fiduciaryPersonal RepresentativeSuccessor TrusteeCan create trustsYesYesRequires fundingNoYesControls beneficiary-designated assetsGenerally noGenerally no unless named beneficiaryCan be changedYes, while competentYes, while competentEffective during incapacityNoYesOwns property during lifeNoYesPrivacyProbate often publicGenerally privateCourt involvementOften requiredOften reducedAdministrationThrough probatePrivately by trusteeCostGenerally lowerGenerally higherBest suited forStraightforward estatesProbate avoidance, incapacity, ongoing management
[Website Editor Note: Insert the Estate Planning Timeline graphic here.]
When a Will May Be Enough
A well-prepared will is sufficient for many individuals and families when their goals are relatively straightforward and they are comfortable relying on the probate process.
You primarily want to decide who receives your probate property.
You want to nominate guardians for minor children.
Your assets and family situation are relatively uncomplicated.
You do not need the additional management features of a trust.
When a Revocable Living Trust May Make Sense
A revocable living trust is often chosen because it can accomplish things a will cannot.
Helping avoid probate for properly funded trust assets.
Providing continuity during incapacity.
Maintaining greater privacy.
Managing assets for beneficiaries over time.
Owning and managing property during your lifetime.
Why Many Estate Plans Include Both
Many trust-based estate plans include both documents because they perform different jobs.
The trust manages trust-owned assets during your lifetime, during incapacity, and after your death.
The will names guardians, nominates a personal representative, and through a pour-over will directs remaining probate assets into the trust.
Rather than competing with one another, they often work together as complementary parts of a comprehensive estate plan.
Which Is Better?
Neither.
A will and a trust are different legal tools designed to accomplish different objectives.
Some people are well served with a will. Others benefit from a revocable living trust. Many comprehensive estate plans include both.
The goal isn't to choose the "better" document. It's to choose the combination of legal tools that best accomplishes your objectives.
Frequently Asked Questions
Which costs more—a will or a trust?
Trust-based estate plans generally cost more because they involve additional planning and documents. However, the additional cost can often be tailored to the client's needs and planning goals.
Can I have both?
Yes. Many comprehensive estate plans include both.
Is a trust only for wealthy people?
No. People choose trusts for many reasons besides wealth.
Which is right for me?
It depends on your family, assets, planning goals, and preferences.
Your Next Step
The choice between a will and a trust is rarely about choosing the "better" document.
It is about selecting the right combination of legal tools to accomplish your goals.
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Do I Need a Will or a Trust?
About Jarrod Barron Law
Jarrod Barron Law helps Michigan individuals, families, and business owners make informed legal decisions through thoughtful, plain-English estate planning.
Disclaimer
This article is provided for general educational purposes only. It is not legal advice and does not create an attorney-client relationship.