March 14, 2022

Will or trust: which one your family actually needs

Both move property to the people you choose. They work differently, cost differently, and only one of them keeps your family out of probate court.

An older couple read a document at a kitchen table seen through a doorway.

The short answer

A will is a set of instructions that takes effect after you are gone, and it passes through probate. A revocable living trust holds your assets while you are alive and transfers them directly to the people you name, without probate. Most families need a will. Some also need a trust.

Where the real difference shows up

Probate is the part most people underestimate. It is public, it usually takes months, and in many states it costs a percentage of the estate. A trust can avoid it, but only for the assets you actually move into it.

  1. A will can name guardians for minor children. A trust cannot do that.
  2. A trust keeps the details of your estate private. A will becomes a public court record.
  3. A trust only controls what you put in it, so funding it matters as much as signing it.
A will tells a court what you wanted. A funded trust keeps the court out of it entirely.

If you own a home, hold property in more than one state, or care about privacy, ask an attorney whether a trust is worth the setup. If your estate is straightforward, a well-drafted will and current beneficiary designations may be all you need. Bonduran is not a law firm, so treat this as background for that conversation rather than a substitute for it.

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