Explore this guide
- The short answer
- Will or trust? 5-question quiz
- What each one costs
- What Each Document Actually Does
- Side-by-Side Comparison
- When a Will Is Enough
- When You Probably Need a Trust
- The Answer Most Families Land On: Both
- What About Cost?
- Common Misconceptions
- How to Decide for Your Family
- Find your state’s rules
- Common questions
This is the question almost every family asks first: “Do we need a trust, or is a will enough?” It’s a fair question — and the answer depends on your family’s situation, your state’s probate rules, and what matters most to you.
I asked the same question when my parents started their estate planning. Their attorney gave us a clear framework for thinking about it, and that’s what I want to share here — not a sales pitch for trusts, but an honest comparison so you can make the right call for your family.
A will and a trust do different jobs. Some plans use both; whether a living trust is worthwhile depends on the assets involved and the available alternatives.
The short answer
For many families, a will is the place to start. It names who gets your things, who handles your estate, and who you want to raise your kids. A living trust costs more and takes more work, but it can keep property you put into it out of probate court, and someone you pick can manage it if you get sick. A lot of families end up with both: a trust plus a backup will.
- A will is often enough if you rent or own very little, and most of your money is in accounts that already name a beneficiary (like a 401(k) or life insurance).
- A living trust is worth a look if you own a home, own property in more than one state, or want to spare your family a court process.
- Talk to an attorney if your family situation is complicated: a second marriage with kids from before, a family member with special needs, a business, or a very large estate.
Not sure where you fit? The five questions below will point you to the right next step. They’re a starting point, not legal advice.
Will or trust? Answer 5 quick questions
Pick an answer for each one, then tap “Show my result.” Nothing you pick is saved or sent anywhere.
A will is probably enough to start
From your answers, a will (plus a financial power of attorney and a health care directive) likely covers what you need right now. You can add a trust later if you buy a home or your life changes.
Trust & Will’s will plan is $199 for one person or $299 for a couple. Before you sign, find your state’s rules: each state has its own witness rules.
Consider a living trust (with a backup will)
From your answers, a living trust could save your family a trip through probate court and let someone you trust step in if you get sick. Most trust plans also include a “pour-over” will that catches anything left outside the trust. A trust only works for property you actually move into it, so plan on that step too.
Trust & Will’s trust plan is $499 for one person or $599 for a couple. Compare that with what a living trust costs in your state: find your state’s rules.
Talk to an estate planning attorney first
Your answer to question 5 is the kind of situation where a do-it-yourself plan can go wrong. A second marriage, a family member on benefits, a business, or a possible challenge are all things an attorney should look at.
To find one, your state or local bar association’s lawyer referral service is a good place to start. The American Bar Association lists them. We don’t get paid for this.
If you’re still curious about online options, Trust & Will sells an optional attorney-support add-on. It isn’t the same as hiring your own lawyer.
How the result is worked out (and how to use it without the button)
- If you answered Yes to question 5, the result is talk to an attorney.
- Otherwise, add up: Yes to question 1 = 1 point, Yes to question 2 = 2 points, Yes to question 3 = 1 point, Yes to question 4 = 1 point.
- 2 or more points: consider a living trust (with a backup will). 0 or 1 point: a will is probably enough to start.
- “Not sure” counts as zero. If you weren’t sure on several, read the sections below or ask an attorney.
This is a rough guide built from the points in this article. It can’t see your whole situation, and your state’s rules matter.
What each one costs, at a glance
| 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 |
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. Attorney fees vary a lot by state, and a trust can also mean $150–$400 per property to move a home into it. Trust & Will’s editing and downloads come in a $0/year tier after you buy; an optional membership costs extra. Prices can change, so check before you buy.
Know which one you need? You can make either one online.
Trust & Will prepares a will or a living trust that follows your state’s signing rules, with the signing pages ready for you. If your situation is simple, you can do it from home.
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.
What Each Document Actually Does
A Will
A will gives instructions for assets it controls after death and nominates an executor and, where appropriate, a guardian for minor children. Probate procedures depend on state law and the property involved; a will does not itself keep assets out of probate.
- Directs who receives assets governed by the will
- Nominates a guardian for minor children, subject to court appointment
- Nominates an executor to handle the estate
- Only takes effect after death
- Does not itself avoid probate; simplified procedures may apply
- Becomes a public record once filed
A Living Trust
A living trust holds assets under terms you create. For assets properly transferred to it, a successor trustee can generally administer and distribute them outside probate, subject to the trust terms and applicable law.
- Holds and transfers assets outside of probate
- Works while you’re alive (manages assets if you’re incapacitated)
- Names a successor trustee to take over
- Takes effect as soon as you create and fund it
- Generally avoids probate for properly funded trust assets
- Usually administered outside probate; court disputes and property records can still be public
The executor handles assets governed by a will; the trustee handles trust assets. Both roles involve responsibilities, and either arrangement can require professional help or court involvement.
Side-by-Side Comparison
| Question | Will | Living trust |
|---|---|---|
| Which assets? | Assets governed by the will after death. | Assets properly transferred into the trust. |
| Probate? | The will does not itself avoid it; state procedures and asset ownership matter. | Generally avoids probate for funded assets, but other assets may still require it. |
| Incapacity? | A will does not authorize financial management during life. | A successor trustee can manage trust assets under the document’s terms. Other documents may also be needed. |
| Costs? | Preparation, updates, and any later probate or estate administration. | Preparation, funding, updates, and later trust administration. |
| Timing and privacy? | Ask about local procedures, deadlines, and public filings. | Administration still takes time. Court disputes or property records can be public. |
| Family protection? | Can nominate guardians and include a trust created at death. | Can set terms for management and distributions; coordinate it with a will and other documents. |
When a Will Is Enough
Not every family needs a trust. A will may be sufficient if:
- Your estate may qualify for a simplified procedure. Check which assets count, the current threshold, waiting periods, and other conditions in your state.
- Your state may offer an efficient probate process. Compare the applicable procedure and an itemized estimate before assuming a trust saves money.
- Assets are mostly in retirement accounts and life insurance — These pass by beneficiary designation, not through probate or a trust. If most of the estate is in IRAs, 401(k)s, and life insurance policies with named beneficiaries, there may not be much left for probate to handle.
- You’re young with simple finances — A single person in their 30s with a rental apartment, a car, and a retirement account probably doesn’t need a trust yet. A will plus beneficiary designations may cover everything.
Even in these cases, a will should be paired with a financial power of attorney and healthcare directive — those documents handle incapacity, which a will cannot.
When You Probably Need a Trust
Consider a living trust with an attorney when the following issues apply:
- You own real estate — Especially if you own property in more than one state. Without a trust, your family may have to probate in every state where property is held (called “ancillary probate”).
- Some assets would require probate. Compare ownership, beneficiary designations, and available transfer procedures before choosing a trust.
- Privacy matters to you. A trust can reduce routine probate filings, but it cannot guarantee that every record or dispute stays private.
- You are planning for incapacity. Ask how a successor trustee takes over trust assets and how powers of attorney cover other responsibilities.
- You have a blended family — Second marriages, stepchildren, and complex family dynamics make planning more important. A trust gives you much more control over who gets what and when.
- You want to control distributions. A living trust or a trust created under a will can set distribution terms; ask which arrangement fits your needs.
- Probate costs or procedures matter to your plan. Compare a local estimate with the cost of creating, funding, and administering a trust.
The Answer Most Families Land On: Both
Here’s what surprised me during my parents’ estate planning: they didn’t choose between a will and a trust. They got both.
A trust-based estate plan may include:
- A living trust — holds assets transferred into it for administration under its terms
- A pour-over will — directs remaining assets into the trust after death; probate may still be needed. See our pour-over will guide.
- A financial power of attorney — authorizes someone to handle finances outside the trust if you’re incapacitated
- A healthcare directive / power of attorney — authorizes someone to make medical decisions if you can’t
- Updated beneficiary designations — makes sure retirement accounts, life insurance, and payable-on-death accounts go to the right people
These documents serve different purposes. Choose the combination that fits your situation, and check that the documents and beneficiary designations work together.
For a deeper look at all five documents, see Essential estate planning documents.
What About Cost?
Compare the full cost of preparing, funding, updating, and administering a trust with the likely probate costs for the same assets. A document price is not a lifetime administration quote.
A Quick Example
Consider a California probate estate with a $700,000 statutory fee basis. Under Probate Code 10810, ordinary attorney compensation is $17,000: $4,000 on the first $100,000, $3,000 on the next $100,000, and $10,000 on the remaining $500,000. The fee basis is defined by statute and does not deduct mortgages.
- Trust-based plan: obtain a quote for preparation and funding, then ask separately about later trustee, legal, accounting, and other administration costs.
- Probate: the $17,000 illustration is the ordinary attorney fee alone. Personal representative compensation and other expenses may add to it; actual timing depends on the case.
This example shows one fee component, not a guaranteed saving. Compare an actual trust proposal, including asset transfers and later administration, with an itemized probate estimate. See our California cost guide for context.
For state-specific rules and cost comparisons, find your state guide, compare living-trust costs, or check will costs and requirements.
Common Misconceptions
“A will avoids probate”
A will gives instructions for property it controls; it does not itself avoid probate. Properly funded trusts, beneficiary designations, joint ownership, or other state-specific procedures may transfer particular assets without full probate.
“Trusts are only for rich people”
A living trust can be useful at many estate sizes. Its value depends on your assets, your state’s procedures, and your family’s needs, rather than a single wealth cutoff.
“I can just add my kids to the deed”
Changing ownership can have tax, creditor, control, and benefit consequences. Before adding a child to a deed or transferring a home to a trust, ask an attorney and tax adviser to compare the available options for your property.
“If I have a trust, I don’t need a will”
A pour-over will can direct assets left outside a living trust into it after death, but those assets may still require probate. Ask about guardian nominations if you have minor children.
How to Decide for Your Family
Ask these questions:
- Which assets do your parents own, and how are they titled? Start with an inventory.
- Which assets would require probate? Check applicable exemptions and simplified procedures.
- Is there property in more than one state? Ask whether additional administration could be needed.
- Which privacy concerns matter? Discuss the limits of each option.
- Who would manage finances during incapacity? Review trust terms and powers of attorney together.
- Are there family conflicts or complex needs? Ask for tailored legal advice.
Use these questions to prepare for a discussion with an estate planning attorney. Counting yes answers is not a reliable way to decide which documents your family needs.
Where are you in this journey?
- My parents are getting older — just starting to think about this
- We need a plan now — ready to take action
- Settling an estate — dealing with a parent’s passing
Not sure where to start?
If you haven’t had the estate planning conversation with your parents yet, start there. Our guide to Having the Family Conversation walks you through how to bring it up, what to cover, and how to handle the awkward parts.
If you’re ready to learn more about trusts specifically, What Is a Living Trust? is the most comprehensive guide on this site. And for a deeper look at the two types of trusts, see Revocable vs. Irrevocable Trusts.
Comparison corrected September 10, 2026. Sources for the distinctions discussed: Orange County Superior Court: wills and trusts; Marin County Superior Court: estates and trust proceedings. State procedures differ.
Ready to get it done?
Pick a will if you mainly need to say who gets what and who would raise your kids. Pick a living trust if you also want to keep your home out of probate. If your family situation is complicated, see an attorney first.
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.
Find your state’s rules
Wills and trusts follow state law. Witness rules, notary rules, probate and costs all change from state to state. 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
Will or trust: common questions
Do I need a will if I have a living trust?
Usually, yes. Most trust plans include a “pour-over” will that moves anything left outside the trust into it after you die, though those assets may still go through probate. If you have kids under 18, a will is also where you name the guardian you want.
Is an online will legal?
An online service only helps you write the document. What makes a will valid is signing it the way your state requires, usually in front of two witnesses. Some states also let you add a notarized self-proving affidavit. Check your state’s rules before you sign.
How much does a will or living trust cost?
Online, Trust & Will lists $199 for a will ($299 for a couple) and $499 for a living trust ($599 for a couple). With an attorney, a simple will is often several hundred to $1,000+, and a living trust is often $1,500–$3,000 for one person or $2,500–$5,000+ for a couple. Fees vary a lot by state.
Do I need a lawyer to make a will or trust?
Not always. Many people with simple situations use an online service. An attorney is the safer choice if you have a blended family, a family member with special needs, a business, property in other countries, or an estate large enough for estate tax.
Is there a net worth where you need a trust?
No single dollar amount decides it. What matters more is whether you own a home or property in more than one state, how your state’s probate works, and whether you want someone to manage your money if you get sick.
Does a living trust help if I get sick?
It can. The person you name as successor trustee can manage what’s in the trust if you can’t. You still need a financial power of attorney for things outside the trust, and a health care directive for medical decisions.