You just signed a pile of closing papers. One more set is worth doing. Your house is probably the biggest thing you own, and how it passes to your family depends on your deed, your state and whether you have a will or a living trust. Here’s what to check this week, what to do this month, and how to decide between a will, a trust and a transfer-on-death deed.
Written by Randy Smith, founder of Family Estate Guide. Randy is not an attorney; this guide follows our editorial standards and links to its sources. We may earn commissions from purchases through affiliate links.
The short answer
Start by checking how your deed lists the owners. If you bought with a spouse or partner, the way you hold title may pass the house to the survivor automatically, but it does nothing once you’re both gone. A will covers everything else and names a guardian for kids. A living trust can also keep the house out of probate court, as long as you sign a new deed putting the house in the trust.
Buying a home is one of the most common reasons people make a plan. In Caring.com’s 2025 survey, buying a big asset like a home was the second-biggest motivator, after a medical diagnosis.
Plan for the house and everything else you own.
Trust & Will’s living trust plan is meant to keep property like your home out of probate, and it includes a backup will. If a will is all you need for now, its will plan follows your state’s signing rules too.
Disclosure: we earn a commission if you buy through the Trust & Will links here, at no extra cost to you. This page is general information, not legal advice. Complex situations belong with an attorney, and we say so below.
This week: check what you signed
- Find your deed or closing papers and see how the owners are listed. Words like “joint tenants with right of survivorship,” “tenants by the entirety” or “community property with right of survivorship” usually mean the house goes to the surviving owner without probate. “Tenants in common” usually means each owner’s share passes under their will. If you can’t tell, ask your title company.
- If only one of you is on the deed, the house usually passes under that person’s will or trust, or under state law if there isn’t one. Some states give a surviving spouse extra rights to the home, but an unmarried partner who isn’t on the deed may have none.
- Check your beneficiary forms on life insurance and retirement accounts. Ask yourself whether your family could keep up the mortgage without you.
This month: decide how the house should pass
- Pick your route: a will, a living trust, or a transfer-on-death (TOD) deed. The table below compares them.
- If you choose a living trust, sign a new deed moving the house into it. A trust only controls what you put in it. Our trust funding guide walks through it.
- If you choose a TOD deed, check that your state offers one and record it with the county before you die. It covers only the house. See which states allow them in our state comparison table.
- Make a will either way. It covers your car, bank accounts and belongings, names an executor, and names a guardian for children.
- Add a financial power of attorney and health care directive so someone can pay the mortgage and deal with the house if you’re too sick to.
- Ask about tax breaks. If you get a homestead or other property-tax exemption, ask your county whether it carries over when the house goes into a trust.
Will, living trust or TOD deed?
| What it does for the house | What it doesn’t do | |
|---|---|---|
| Will | Says who gets the house. Covers everything else you own and names a guardian for kids. | The house usually goes through probate court before it passes. |
| Living trust | Can pass the house without probate. Someone you pick can manage it if you get sick. | Works only if you sign a new deed into the trust. Costs more up front. |
| TOD deed | Passes the house to the person you name without probate, in states that allow it. | Covers only the house. Not available in every state. |
A will is often enough if you own the house jointly with your spouse and your state’s probate is simple. A living trust is worth a look if you own the house alone, own property in more than one state, or want to spare your family a court process. Our 5-question will-or-trust quiz can point you to a starting place, and the will vs. trust guide goes deeper.
Worried about your mortgage? Federal law generally stops a lender from calling the loan due just because you move your own home into a revocable living trust. Our funding guide explains the details.
What it costs
| Online (Trust & Will) | With an attorney | |
|---|---|---|
| Will | $199 for one person, $299 for a couple | Several hundred to $1,000+ for a simple will |
| Living trust | $499 for one person, $599 for a couple | $1,500–$3,000 for one person; $2,500–$5,000+ for a couple |
| Deed into a trust | About $150–$400 per property for preparing and recording a new deed | |
Sources: Trust & Will’s pricing page (individual prices checked October 2, 2026; couple prices from our Trust & Will buying guide, checked September 10, 2026). Attorney ranges are from our will cost guide and living trust cost guide, and they vary a lot by state. Trust & Will includes editing and downloads in a $0/year tier after you buy; the optional Essentials membership is $49/year. Prices can change, so check before you buy.
When to see a lawyer instead
- You own property in more than one state, or rental property or land with other people.
- You’re in a second marriage with children from before, or you’re not on the deed with your partner.
- You’re thinking about long-term care costs or Medicaid. A revocable living trust usually doesn’t shield your home from either.
For a single family home owned by a couple, many people do this online. These are the cases where a local attorney is worth the fee.
Ready to decide how your home passes?
Pick a living trust if you want the house to skip probate. Pick a will if your deed already handles the house and you mainly need to cover everything else and name a guardian.
Disclosure: we earn a commission if you buy through the Trust & Will links here, at no extra cost to you. This page is general information, not legal advice. Complex situations belong with an attorney, and we say so below.
Find your state’s rules
Probate, TOD deeds and living trust costs are different in every state. Each state guide also covers deed options for your home. Pick yours:
Show all 50 states and DC
- Alabama: will rules · trust cost
- Alaska: will rules · trust cost
- Arizona: will rules · trust cost
- Arkansas: will rules · trust cost
- California: will rules · trust cost
- Colorado: will rules · trust cost
- Connecticut: will rules · trust cost
- Washington, DC: will rules · trust cost
- Delaware: will rules · trust cost
- Florida: will rules · trust cost
- Georgia: will rules · trust cost
- Hawaii: will rules · trust cost
- Idaho: will rules · trust cost
- Illinois: will rules · trust cost
- Indiana: will rules · trust cost
- Iowa: will rules · trust cost
- Kansas: will rules · trust cost
- Kentucky: will rules · trust cost
- Louisiana: will rules · trust cost
- Maine: will rules · trust cost
- Maryland: will rules · trust cost
- Massachusetts: will rules · trust cost
- Michigan: will rules · trust cost
- Minnesota: will rules · trust cost
- Mississippi: will rules · trust cost
- Missouri: will rules · trust cost
- Montana: will rules · trust cost
- Nebraska: will rules · trust cost
- Nevada: will rules · trust cost
- New Hampshire: will rules · trust cost
- New Jersey: will rules · trust cost
- New Mexico: will rules · trust cost
- New York: will rules · trust cost
- North Carolina: will rules · trust cost
- North Dakota: will rules · trust cost
- Ohio: will rules · trust cost
- Oklahoma: will rules · trust cost
- Oregon: will rules · trust cost
- Pennsylvania: will rules · trust cost
- Rhode Island: will rules · trust cost
- South Carolina: will rules · trust cost
- South Dakota: will rules · trust cost
- Tennessee: will rules · trust cost
- Texas: will rules · trust cost
- Utah: will rules · trust cost
- Vermont: will rules · trust cost
- Virginia: will rules · trust cost
- Washington: will rules · trust cost
- West Virginia: will rules · trust cost
- Wisconsin: will rules · trust cost
- Wyoming: will rules · trust cost
Common questions
Do I need a living trust for my house?
Not always. If you own your home with a spouse in a way that passes to the survivor, or your state offers a transfer-on-death deed, you may be able to avoid probate without a trust. A trust is worth a look if you own the house alone, own property in more than one state, or want someone you choose to manage it if you get sick.
Does a transfer-on-death deed replace a will?
No. A TOD deed covers only the house. You still need a will for everything else you own and to name a guardian for children. TOD deeds aren’t available in every state.
How much does it cost to put my house in a trust?
Online, Trust & Will lists $499 for a living trust ($599 for a couple). With an attorney, a trust often runs $1,500–$3,000 for one person or $2,500–$5,000+ for a couple. Preparing and recording the new deed often adds about $150–$400 per property.
Will putting my house in a trust affect my mortgage?
Usually not. Federal law (the Garn-St Germain Act) generally stops a lender from calling the loan due when you move your own home into a revocable living trust that you’re a beneficiary of. Let your lender and home insurer know.
My spouse and I own the house together. Do we still need a will?
Yes. Joint ownership may pass the house to whoever lives longer, but it doesn’t say what happens after the second of you dies, and it doesn’t cover your other things or name a guardian for kids.
Does a living trust protect my house from creditors or nursing home costs?
A revocable living trust generally doesn’t. You still control the house, so it’s usually treated as yours. Talk to an elder law attorney if long-term care costs are the worry.
Other life changes that call for a plan
New baby or adoption
Name a guardian and protect money your kids might inherit.
Read the guide →Getting married
What changes for your spouse, your old will and your beneficiary forms.
Read the guide →Moving to a new state
What to review in your will, trust and powers of attorney after a move.
Read the guide →After a diagnosis or health scare
What to do first when time feels short.
Read the guide →Caring for aging parents
How to start the conversation and help your parents plan.
Read the guide →Sources
- Caring.com / YouGov, 2025 Wills and Estate Planning Study: buying a significant asset like a home was the second-biggest motivator to start planning, after a medical diagnosis.
- Trust & Will, 2026 Estate Planning Report (survey of 5,000 U.S. adults by Talker Research; Trust & Will is the company we earn commissions from, so weigh it with that in mind): 40% of homeowners have a will, compared with 16% of renters.
- Trust & Will, pricing, checked October 2, 2026
- Our guides: living trust cost (deed transfer costs), funding your trust (mortgage and Garn-St Germain), state comparison table (TOD deed availability)
- Garn-St Germain Act: 12 U.S.C. § 1701j-3(d)(8)
This is general information, not legal advice. Estate planning law is different in every state and changes over time. If your situation is complicated, or you’re unsure whether a document will work for you, talk with an estate planning attorney licensed in your state. Your state or local bar association’s lawyer referral service is a good place to start (the American Bar Association lists them).