Do I still need a will if I have a living trust?

Yes. A pour-over will catches anything you never moved into the trust and sends it there, and it is the document that nominates a guardian for minor children. ETrustPlan prepares the trust and the pour-over will together.

Does a living trust avoid probate automatically?

Only for assets actually titled in the trust. Funding is the step that does the work: deeding real estate, retitling accounts, and reviewing beneficiary designations. An unfunded trust still leaves those assets to probate.

Is a trust more private than a will?

Generally yes. A will is filed with the probate court and becomes a public record, while a revocable trust stays a private document shared with the trustee and beneficiaries.

Which one costs less?

A will costs less to create and often more to administer because of probate fees. A trust costs more effort up front, including funding, and usually less to administer. The comparison depends on your county's probate cost and the assets involved.

Does a revocable living trust save estate taxes?

No. A revocable trust is tax-neutral during your lifetime and does not reduce estate tax by itself. Estate tax exposure depends on the value of the estate.

Can a trust protect assets from creditors?

Not while it is revocable. Because you keep the power to amend or revoke it, the assets remain reachable. Creditor protection requires different, irrevocable planning that an attorney should design.

Do wills and trusts get signed the same way?

No. Witness counts, notarization, and self-proving affidavit rules differ by state and by document. Check your state's signing page before signing day.

Knowledge base

Comparison guide

Will vs trust: what actually changes

A last will and a revocable living trust both decide who gets what. The difference is how the transfer happens, who sees it, when it starts working, and what it costs to run.

The short version

A will is instructions to a probate court. A trust is a container you fill during your lifetime, managed by a trustee, that keeps working if you become incapacitated and after you die. Most complete plans use both: the trust holds the assets, and a pour-over will catches anything left outside it and names a guardian for minor children.

Side by side

Comparison of a last will and a revocable living trust across probate, privacy, control, cost, and related factors
Factor	Last will	Revocable living trust
Probate	Takes effect only through probate. The court supervises the executor, and the process commonly runs several months to well over a year depending on the county and the estate.	Assets titled in the trust pass outside probate. The successor trustee can act as soon as the death certificate is available, without opening a court case for those assets.
Privacy	Filed with the court and becomes a public record. Anyone can generally read who inherited what, and often the inventory of assets.	Stays a private document. Beneficiaries and the trustee see it; the public generally does not.
Control while living	Does nothing until death. It cannot manage assets if you become incapacitated, so a court guardianship or conservatorship may be needed.	Operates during life. If you can no longer manage your affairs, the successor trustee steps in under the terms you wrote, usually avoiding a court proceeding.
Control after death	Usually distributes outright once probate closes, which can hand a young or vulnerable beneficiary a lump sum.	Can hold and release shares over time, at set ages, or for specific purposes such as education or housing.
Cost	Cheaper to create, more expensive to administer. Probate brings filing fees, publication costs, and often attorney or executor fees measured against estate value.	More work up front, including retitling accounts and property. Administration is usually cheaper and faster because most assets skip court.
Effort required from you	Sign it correctly and store it safely. No funding step.	Must be funded: deeds, account retitling, and beneficiary designation updates. An unfunded trust does not avoid probate.
Out-of-state property	Real estate in another state generally needs its own ancillary probate there.	Property deeded into the trust is administered under the trust, avoiding a second probate in most cases.
Challenges and contests	Probate creates a built-in notice and objection process, which makes contests more visible and often easier to launch.	No automatic court process, so a challenger must affirmatively file suit. That friction discourages some disputes.
Guardian for minor children	This is where a guardian nomination belongs. A trust cannot name one.	Holds and manages money for children, but does not nominate their guardian.
Taxes	No effect on income or estate tax by itself. Estate tax exposure depends on the size of the estate, not the document type.	A revocable trust is tax-neutral while you are alive. It is not a tax shelter and does not reduce estate tax on its own.

Probate

Probate is the court process that proves a will and authorizes the executor to pay debts and distribute what is left. It brings oversight, but it also brings delay, filing and publication costs, and a public file. Assets held in a funded trust are not part of that process, so the successor trustee can pay expenses and distribute without waiting for a judge. Accounts with a valid beneficiary designation, and property held in survivorship forms, already pass outside probate regardless of which document you sign.

Privacy

A will becomes a public court record once it is filed, and in many states the inventory filed with it is public too. That means anyone, including estranged relatives and solicitors, can read who inherited what. A revocable trust is not filed. The trustee shares it with the people who need to see it, typically beneficiaries and financial institutions, and no one else.

Control

A will is silent until death, which is why it cannot help during incapacity. A funded trust, paired with a durable financial power of attorney and healthcare documents, lets the person you chose manage assets and bills without a guardianship case. Control also extends past death: a trust can hold a share until a beneficiary reaches an age you set, pay only for education or housing, or protect a beneficiary who struggles with money, while a will usually distributes outright.

Cost

Compare total cost, not the price of the document. A will is inexpensive to prepare and shifts the expense to probate, where fees are often tied to the size of the estate. A trust costs more time at the start, mostly in funding, and usually less at the end. If you own real estate in more than one state, the trust often wins outright by avoiding a separate probate in each state.

How to choose between a will and a revocable living trust

Six steps to decide whether a last will alone is enough or a revocable living trust is worth the extra work.

Inventory what you own and how it is titled
List real estate, bank and brokerage accounts, retirement plans, life insurance and business interests. Note the state each property sits in and whether an account already names a beneficiary or a joint owner, because those pass outside both documents.
Find out what probate costs where you live
Ask what your county's probate process involves: filing fees, publication, typical timeline, and whether a simplified small-estate procedure applies. Slow, fee-heavy probate pushes the decision toward a trust; a quick small-estate path often makes a will enough.
Decide how much privacy you need
A will becomes a public court record along with its inventory. If you would rather keep who inherits what off the public file, choose a trust.
Plan for incapacity, not just death
A will does nothing if you become unable to manage your affairs. If you want someone able to step in without a guardianship case, pair a funded trust with a durable financial power of attorney and healthcare documents.
Look at your beneficiaries and any special circumstances
If beneficiaries are minors or young adults, a trust can release shares over time instead of outright. If someone receives means-tested benefits, your estate approaches the federal estate tax exemption, or you own a restricted business interest, stop and consult an attorney.
Choose the document set, then finish the follow-through
Choosing a will means signing it under your state's witness rules and storing it safely. Choosing a trust means signing the trust and a pour-over will, then funding the trust with deeds, account retitling and beneficiary updates. An unfunded trust does not avoid probate.

ETrustPlan is a self-help document assembly service, not a law firm, and this information is not legal advice. Signing requirements change; confirm them with a licensed attorney in your state before you sign.

Fit by situation

A will alone is often enough when

The estate is simple, local, and expected to pass to adults you trust.

Your assets are modest and mostly accounts with named beneficiaries or joint owners.
You own no real estate, or only a home in the state where you live.
Your beneficiaries are adults who can receive their share outright.
Probate in your county is relatively fast and inexpensive, or a small-estate procedure applies.
You mainly need to name an executor and a guardian for minor children.

A revocable living trust usually earns its keep when

Privacy, incapacity planning, or avoiding court become the real goals.

You own real estate, especially in more than one state.
You want the transfer to stay off the public record.
You want someone able to manage assets if you become incapacitated, without a guardianship case.
Beneficiaries are minors, young adults, or someone you would rather not hand a lump sum.
You expect family friction and want to reduce the built-in openings for a contest.
You live somewhere probate is slow, expensive, or both.

Talk to an attorney before relying on either when

Some situations need drafting that a self-help service should not attempt.

A beneficiary receives means-tested benefits and needs a special needs trust.
Your estate approaches or exceeds the federal estate tax exemption.
You own a closely held business, farm, or partnership interest with transfer restrictions.
There is a blended family with competing claims, or a likely contest.
You are facing creditor claims, divorce, or an existing court proceeding.

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