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.

Previous
Previous

Revocable vs. Irrevocable Trusts

Next
Next

4 Estate Planning Documents Everyone Should Have in Place