Do I need a will or a trust?
Updated April 20, 2026 · 10 min read
Every adult should have a will. Not everyone needs a trust. The difference matters because a good estate plan protects your family from probate court, family fights, and a painful year of legal delays after you die.
A **will** is a document that says who gets what after you die and who should be the executor of your estate. A **trust** is a legal entity that holds your assets during your life and distributes them after your death without going through probate court.
Here is the framework most estate attorneys actually use with clients.
Everyone needs these four documents
1. Last Will and Testament — who gets your stuff, and who takes care of your minor children. 2. Durable Power of Attorney — who can manage your finances if you become incapacitated. 3. Healthcare Power of Attorney / Advance Directive — who makes medical decisions if you cannot, and your wishes for end-of-life care. 4. HIPAA Release — allows loved ones to access your medical information.
These four documents protect you and your family whether you have $10,000 or $10 million.
When you also need a revocable living trust
A revocable living trust makes sense when:
- You own real estate (especially in a state with slow or expensive probate, like California or New York). - Your total estate exceeds roughly $150,000. - You own property in multiple states (avoids ancillary probate in each). - You have minor children and want to control when and how they inherit (e.g., distribute at 25, 30, and 35 rather than all at 18). - You want privacy. Probate is public; trust administration is private. - You have a blended family or any history of family conflict.
If none of these apply, a will plus the other three documents above is usually enough.
The dirty secret about trusts
A trust is only as good as what's funded into it. Lawyers see this constantly: a client pays $3,000 for a trust, signs the documents, puts them in a drawer, and never transfers their house or bank accounts into the trust. When they die, those assets still go through probate. The trust accomplished nothing.
If you have a trust, every piece of real estate must be deeded into the trust. Every bank and investment account must be retitled. Every life insurance policy and retirement account should have a proper beneficiary designation (sometimes the trust, sometimes a person, depends on the asset).
Probate: what you're trying to avoid
Probate is the legal process of validating a will and distributing assets. It is public, slow (6–18 months minimum, often longer), and costs 3–7% of the estate in combined attorney and court fees. California and New York are especially painful.
A properly funded trust avoids probate entirely. This is the main financial argument for a trust.
Hire an estate attorney if you own a business, have a blended family, have a special-needs dependent, have an estate over $1 million, own property in multiple states, or expect family conflict. Otherwise, a flat-fee online service is often sufficient.
Get a Free Case ReviewFrequently Asked Questions
Can I just write my will myself?+
You can, but it's risky. States have strict formal requirements (two witnesses, no beneficiary as a witness, notarized or self-proving affidavit). A will with technical defects may be thrown out. Use at minimum a reputable template service like Trust & Will or a local attorney.
How much does an estate plan cost?+
Basic will package: $300–$800 online, $500–$1,500 with a local attorney. Revocable living trust package: $1,500–$3,500 online, $2,500–$6,000 with a local attorney. Add more for complex estates or multiple properties.
What happens if I die without a will?+
Your state's "intestacy" laws decide who gets what. Typically a spouse gets a share and children split the rest, but this varies. A court appoints an administrator and (if you have minor children) a guardian — which may not be who you would have chosen.
Does my will need to be notarized?+
Not always, but getting it notarized with a "self-proving affidavit" makes probate faster because witnesses don't have to testify. Do this.
Should I use LegalZoom or Trust & Will for this?+
For straightforward estates with no unusual circumstances, yes. Trust & Will is particularly well-regarded for its design and flat pricing. For blended families, business ownership, or high-net-worth estates, hire a local estate attorney.
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