Last updated: December 2025

A will and a trust can both be “right.” The real question is what problem you’re trying to solve. A will is the basic document that says who inherits and who manages your estate after death. A trust is a legal structure that can hold assets during life and distribute them after death—often with more privacy and fewer court steps.

Key takeaways

• A will is often enough for straightforward situations and is where parents nominate guardians.
• A trust is often used to reduce probate, add privacy, and control when/how people inherit.
• Many families use both (a trust plus a “pour-over” will as backup).

When a will is usually enough

If your assets and family situation are simple, a will can be a clean solution. Wills are commonly chosen by people who don’t mind probate being part of the process and who primarily want to (1) clearly name beneficiaries and (2) nominate guardians for minor children. Probate rules vary by state, but the important point is that a will typically requires a court process to transfer certain assets.

When a trust is worth considering

Trusts aren’t “just for the wealthy.” They’re a tool for control and convenience. A trust can be especially helpful if you want distributions to happen in stages (for example, at age milestones) rather than as a lump sum, or if you want your loved ones to avoid delays and public court filings. Trusts are also often used to make incapacity planning smoother, because a successor trustee can step in to manage trust assets if you can’t.

A common (fixable) mistake

People create a trust but don’t move assets into it. A trust only controls what it owns, so funding/titling matters. That’s why many trust plans include a “pour-over will” to catch assets left outside the trust.

FAQ

Do I need both a will and a trust? Many people do, but not everyone. It depends on your goals and what you own.
Is this legal advice? No. This is general information. If your situation is complex, consult an attorney licensed in your state.