Will vs. Living Trust: Which Do You Need?
Wills and living trusts both direct what happens to your assets, but they work very differently — a will takes effect only after death and typically goes through probate, while a living trust can help assets pass to heirs without probate at all.
By submitting, you agree to be contacted by phone, text, or email about your project, including by automated means, even if your number is on a do-not-call list. Consent is not a condition of purchase. See our Privacy Policy and TCPA Compliance page for details.
Assigners CommitmentYour request is only shared with a service provider matched to your project and service area — never sold as part of a bulk or resold list.
Last Will and Testament
A legal document naming beneficiaries and an executor, which takes effect after death and is filed with the probate court.
- Lower upfront cost than a trust
- Simpler to set up for a straightforward estate
- Still allows naming guardians for minor children
- Assets generally go through probate, which takes time and is public record
- Provides no management of assets if you become incapacitated before death
Revocable Living Trust
A legal entity you create and control during your lifetime, holding assets that pass directly to beneficiaries without probate.
- Assets held in the trust typically avoid probate
- Keeps asset details out of the public probate record
- Can include instructions for asset management if you become incapacitated
- Higher upfront cost than a will
- Only assets actually retitled into the trust are covered
- Requires more ongoing administration to keep funded correctly
Which one makes sense for you?
A will is usually enough for a simple, single-state estate where probate timelines aren't a major concern. A living trust costs more upfront but is often worth it for larger estates, property in multiple states, or anyone who wants a plan that also covers potential incapacity — and most people with a trust still keep a simple backup will.
Key cost factors.
- Total value and complexity of your estate
- Whether avoiding probate is a priority
- Whether you own property in more than one state
- Whether you want provisions for incapacity, not just death
Before you decide.
- Would my specific assets actually benefit from avoiding probate?
- What's involved in retitling my assets into a trust?
- Do I still need a will even if I set up a trust?
Frequently asked questions.
Does a living trust replace the need for a will?
Not entirely — most estate plans that include a trust still have a simple 'pour-over' will to catch any assets that weren't formally retitled into the trust.
All figures on this page are illustrative examples for general education, not quotes, appraisals, or guarantees of actual pricing. Actual costs vary by provider, location, project scope, and market conditions — always get a specific quote before making a purchasing decision.
Selling in legal?
Talk to our sales team about sourcing exclusive, real-time leads, warm transfers, and inbound calls.