Understand the differences between a will and a living trust—so you can take your next estate planning step with more confidence.
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A will records how you want property handled after death. A revocable living trust can hold and manage assets during your lifetime and provide instructions for their later distribution. They often work together rather than replacing each other.
A will identifies beneficiaries and an executor. It can also nominate a guardian for minor children, subject to court approval.
A trust names a trustee and successor trustee to manage trust assets under the terms you establish.
| Planning question | Will | Living trust |
|---|---|---|
| When does it operate? | Directs distribution after death. | Can manage trust assets during life and after death. |
| Who handles the assets? | An executor, appointed through the applicable process. | A trustee or successor trustee. |
| Can it avoid probate? | A will alone does not avoid probate. Exceptions and simplified procedures may apply. | Properly transferred trust assets can generally pass without probate. |
| What about privacy? | A probated will may enter the public court record. | Trust administration can offer more privacy; disputes may still involve courts. |
| Minor children? | Can nominate a guardian; the court makes the appointment. | An accompanying will generally handles guardian nomination. |
| Incapacity planning? | A will itself does not manage assets during your lifetime. | A successor trustee can manage trust assets under its terms. |
| Maintenance? | Review after life changes. | Review terms and keep asset ownership aligned with the trust. |
Rules depend on state law, asset ownership, and beneficiary designations. This page focuses on revocable living trusts; other trust types serve different purposes.
List your home, accounts, and other property. Check titles and beneficiary designations; those details affect how assets transfer.
Consider minor children, dependents, and who could manage decisions. Blended families or special needs may call for tailored legal advice.
Weigh simplicity, probate planning, privacy, and management during incapacity. A trust also requires you to complete funding steps.
Important: Creating a trust document does not automatically move property into it. Funding may involve deeds, account retitling, or other steps. Ask an estate planning attorney about the right approach for your assets.
EZ Will & Trust offers a guided DIY process using attorney-reviewed templates. Review its current package details, state availability, and signing instructions before purchasing. Template review is not individualized attorney representation.
Includes a will, financial power of attorney, healthcare directive with HIPAA, and one year of editing and document storage.
View will package ↗Includes a revocable trust, trust certificate, pour-over will, financial power of attorney, healthcare directive with HIPAA, and one year of editing and storage.
View trust package ↗Prices checked October 13, 2026 and may change. The provider lists editing and storage renewal at $19.99/year after the included first year. Confirm current billing terms at checkout. Trust funding takes place outside the platform.
Often, a trust-based plan includes a will. A pour-over will can direct certain assets left outside a trust into it after death, but those assets may still require probate. A will can also address guardian nominations.
No. A will does not by itself avoid probate. Whether court administration is needed depends on state law, the assets involved, and how they are owned or designated to pass.
No. The benefit generally applies to assets properly transferred into the trust. Assets left outside it may require probate unless another transfer method or exception applies.
Online services can help generate documents. You still need to follow your state’s signing and witnessing requirements, and complete any applicable trust funding steps. Complex family, tax, or property circumstances may require an attorney.
No. Do not assume a revocable living trust provides tax savings or protects your own assets from creditors. Consult qualified legal and tax advisers about those goals.
No. Will vs Trust is an independent educational affiliate website. Documents and purchases are handled by EZ Will & Trust. We do not provide legal advice, prepare your documents, or collect your estate planning information.
California resources illustrate general concepts; consult your own state’s requirements.
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