Living trust vs will

A will says who gets your property and names a guardian for minor children, but it goes through probate. A revocable living trust holds your assets during life and passes them without probate, at a higher upfront cost and more paperwork.

Side by side

Will Revocable living trust
Avoids probate No Yes, for assets in the trust
Names a guardian for kids Yes No: you still need a will
Private No: probate is public Mostly private
Typical lawyer cost Often a few hundred dollars to about $1,000 Often $1,000-$3,000+ for a plan
Upkeep Update after big life changes Must retitle assets into the trust
Covers incapacity No Yes: successor trustee can manage assets

Who usually needs a trust

  • You own real estate, especially in more than one state.
  • Your state’s probate is slow or expensive.
  • You want privacy, or have a blended family or a beneficiary who needs managed money.

Who may be fine with a will

Younger people with modest assets, where most property passes by beneficiary designation (retirement accounts, life insurance) or joint ownership.

Most people with a trust also need a will

A “pour-over” will catches anything left outside the trust and names guardians. Start with a free will template or talk to an estate planning lawyer.

Frequently asked questions

Is a living trust better than a will?

It depends on your assets and state. Trusts avoid probate and cover incapacity, but cost more and must be funded.

How much does a living trust cost?

DIY options can cost a few hundred dollars; lawyer-drafted trust plans commonly run $1,000-$3,000 or more depending on complexity and location.

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