If you have a trust, do you still need a will? And if you have a will, do you still need a trust?
This is one of the most common questions I get - and the truth is, wills and trusts work very differently, but they often go hand-in-hand.
What a Will Does:
A will is a legal document that:
Decides who inherits your property.
Names guardians for your children.
Appoints an executor to carry out your wishes.
But here’s the catch: a will must go through probate court — a public, often lengthy process.
What a Trust Does:
A trust is a legal entity that:
Holds assets for your benefit during your life.
Passes those assets directly to your beneficiaries after you’re gone.
Can help avoid probate, reduce taxes, and provide protections you can’t get with a will alone.
And here’s the catch: a trust only controls the assets that are titled into it. If something is left outside, it may still end up in probate.
Why You May Need Both:
If you only have a will, your family may face probate and delays.
If you only have a trust, assets not properly transferred into it may still get stuck in probate.
That’s why most people with a trust also have a “pour-over will” — a backup will that transfers anything left outside the trust into it at death.
Bottom line: Wills and trusts are not “either/or.” They’re tools that serve different purposes, and together they create a more complete plan.