Do I need both a will and a trust?

Many people with a trust still keep a simple 'pour-over' will as a backstop for anything not transferred into the trust. Whether you need a trust at all depends on your assets, state, and whether avoiding probate matters to you.

Does a trust avoid all taxes?

No — a revocable living trust doesn't reduce estate or income taxes on its own. Certain irrevocable trusts can offer tax benefits, but that's a different and more specialized tool.

Is a trust only for wealthy people?

No, though it's most valuable when you have real estate or a probate process in your state that's especially slow or expensive. People with modest, simple estates often do fine with a will alone.

Can I change a revocable living trust later?

Yes — you can amend or revoke it any time while you're alive and have capacity. An irrevocable trust generally cannot be changed once created.

What happens if I forget to move an asset into my trust?

It's typically not covered by the trust and instead passes according to your will, if you have a pour-over will, or absent that, through regular probate and intestacy rules.

Do trusts avoid probate in every state?

Properly funded revocable trusts avoid probate in every state, but the value of doing so varies — some states have simplified, inexpensive probate that makes a trust less necessary than in states with a slower, costlier process.

Wills & Trusts

Legal information last reviewed: July 3, 2026

A will and a trust both control who gets your property, but they work in fundamentally different ways. A will is a set of instructions that takes effect only at death and goes through probate, while a trust is a legal arrangement that can hold and manage property during your lifetime and pass it on afterward, often without probate.

How a will works

A will names an executor to carry out your instructions, directs distribution of property, and can name a guardian for minor children. It only becomes effective when you die, and generally must be validated through probate court before assets are distributed.

How a revocable living trust works

You (the grantor) transfer assets into the trust and typically serve as trustee while alive, retaining full control. A successor trustee you name takes over management if you become incapacitated, and distributes assets to beneficiaries after death, usually without probate.

Funding the trust is the step people skip

A trust only controls assets actually retitled into it. A trust document alone does nothing for a bank account or house still titled in your individual name, which is the most common mistake in DIY trust planning.

Irrevocable trusts

Unlike a revocable trust, an irrevocable trust generally can't be changed or undone once created, but can offer benefits a revocable trust doesn't, like asset protection or removing assets from your taxable estate. These are more specialized tools, usually set up with professional guidance.

Probate, briefly

Probate is the court process that validates a will, appoints the executor, pays debts and taxes, and distributes remaining property. It's public, takes time, and in some states can be costly, which is the main reason people use trusts to avoid it.

When to hire a lawyer

A will can often be handled with a template for a simple, single-state estate. A trust-based plan is worth paying an estate planning attorney for — correctly drafting, funding, and coordinating it with your other documents is exactly the kind of detail work that goes wrong in DIY templates.

Frequently asked questions

Do I need both a will and a trust?: Many people with a trust still keep a simple 'pour-over' will as a backstop for anything not transferred into the trust. Whether you need a trust at all depends on your assets, state, and whether avoiding probate matters to you.
Does a trust avoid all taxes?: No — a revocable living trust doesn't reduce estate or income taxes on its own. Certain irrevocable trusts can offer tax benefits, but that's a different and more specialized tool.
Is a trust only for wealthy people?: No, though it's most valuable when you have real estate or a probate process in your state that's especially slow or expensive. People with modest, simple estates often do fine with a will alone.
Can I change a revocable living trust later?: Yes — you can amend or revoke it any time while you're alive and have capacity. An irrevocable trust generally cannot be changed once created.
What happens if I forget to move an asset into my trust?: It's typically not covered by the trust and instead passes according to your will, if you have a pour-over will, or absent that, through regular probate and intestacy rules.
Do trusts avoid probate in every state?: Properly funded revocable trusts avoid probate in every state, but the value of doing so varies — some states have simplified, inexpensive probate that makes a trust less necessary than in states with a slower, costlier process.

Wills & Trusts laws by state

The rules covered here are general — specifics like deadlines, dollar limits, and required forms vary by state.

Find your state

Related practice areas

Estate Planning

Wills, trusts, and powers of attorney — planning for incapacity and inheritance.

Power of Attorney

Granting someone authority to act for you — financial and healthcare POAs.

Probate & Estates

Settling an estate after death — the probate process and executor duties.

This page is general information, not legal advice, and isn't a substitute for talking to a licensed attorney about your specific situation. Read our full disclaimer.