Short answer

A will directs who gets what and names a guardian for your kids. A trust does the same — and skips probate, keeps things private, and works during incapacity. Most homeowners end up needing both.

Rent or simple finances → a will is enough. Own a home or have $100K+ → a trust earns its cost. Have minor children → you need a will either way.

"Will vs trust" is rarely a clean either/or — it's usually a question of what order, and whether you've outgrown a will-only plan yet. The shortcut below covers about 90% of situations.

Three Questions That Decide It

1. Do you own real estate?

Yes → a trust is usually worth it (probate on a house alone runs $3K–$15K). No → a will is almost always enough.

2. Do you have minor children?

Yes → you need a will, no matter what. A trust can't name a guardian. If you also own a home, you need both.

3. Do you care about privacy or want to skip court?

Yes → a trust. Probate is public record and slow. Don't care → a will is fine.

The 60-second answer

  • Renter, no kids: will
  • Renter with kids: will (guardian designation matters most)
  • Homeowner, no kids: trust
  • Homeowner with kids: trust + pour-over will (a bundle covers both)
  • Anyone over 60: trust — the incapacity protection alone is worth it

Will vs Trust, Side by Side

The differences that actually matter in practice — not the legal trivia.

FeatureLast WillRevocable Living Trust
Avoids probateGoes through courtSkips court entirely
PrivacyBecomes public recordStays private
Names a guardian for kidsOnly a will does thisNeeds a pour-over will
Covers incapacityOnly activates at deathSuccessor trustee can step in
Speed of distribution6–18 months (probate)1–3 months (no court)
Upfront cost$0–$199 online · $300–$1,000 attorney$159–$500 online · $1,500–$3,000 attorney
Cost to family at death$3,000–$15,000 (probate fees)$0–$500 (administration)
Conditional distributionsLimitedFull control (age, timing)
Setup workSign + witnessMust retitle assets into trust
Best fitRenters, simple estates, parents naming guardiansHomeowners, $100K+ assets, privacy, multi-state property

The pattern: a will is simpler and cheaper today. A trust costs more upfront but avoids probate fees and court time later. For homeowners, a trust almost always pays for itself.

Choose a Will If…

A will handles three things well: who gets what, who's the executor, and who raises your kids. For simple lives, that's the whole job.

You rent — no real estate to push through probate
Your total assets sit under $50K–$100K (small-estate procedures may apply)
Your priority is naming a guardian for minor children
Your finances are straightforward — one bank, one retirement account, no business
You want something legally valid in place this week
You're young and healthy and plan to upgrade when life gets more complicated

Skip a will-only plan if you own a home, have meaningful retirement assets, or care about keeping the estate out of public court records. In those cases you've outgrown a will alone.

Path-by-path pricing is in our will cost guide, and the actual steps are in how to make a will. Still unsure you need anything yet? Read do I need a will?

Ready to start a will?

About 30 minutes online. State-specific and legally valid.

Start a will at LegalZoom

Choose a Trust If…

A trust does everything a will does and adds three real benefits: it skips probate, stays private, and protects you if you become incapacitated.

You own a home — the single biggest reason most families adopt a trust
Your assets total $100K+ across savings, retirement, and home equity
You want privacy — a will becomes public record once probate opens
You have a blended family and want precise control over who receives what
You want conditional distributions (e.g., a child receives at age 25, not 18)
You're over 60 — incapacity risk rises, and a trust steps in while you're alive
You own property in more than one state (a trust avoids probate in all of them)

Skip a trust if you have no real estate, modest assets, and no privacy concerns — the funding work (retitling accounts and property into the trust) isn't worth it for what you'd avoid.

For the mechanics, see how to make a trust. If you're weighing trust types, revocable vs irrevocable covers the difference. And if "living will" is what you're really after, living will vs last will clears that up.

Ready to set up a trust?

Revocable living trust online — typically 30–60 minutes for a standard situation.

See trust pricing at LegalZoom

Why Most Homeowners End Up With Both

A will and a trust solve different problems. Treat them as a planning sequence, not a competition.

A trust without a will leaves gaps:

  • • Only a will can name a guardian for minor children
  • • A pour-over will sweeps in any asset you forgot to retitle
  • • Personal items not worth retitling (clothing, books) still need a will to direct them

A will without a trust leaves money on the table when:

  • • You own a home — probate on real estate runs $3K–$15K and 6–18 months
  • • You want privacy — a probated will is public record
  • • You're aging — a will doesn't help if you become incapacitated; a trust does

That's why bundle packages exist: a revocable trust paired with a pour-over will, power of attorney, and advance directive. For most homeowners with kids, that's the cleanest single answer.

See the LegalZoom estate-plan bundle

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Five Real Situations

Most people fit one of these five patterns. Find the one closest to your life — the answer usually becomes obvious.

The Real Cost Isn't the Setup Fee

Setup is the visible cost. Probate is the invisible one. Here's what each path actually costs across its lifetime, assuming a homeowner.

Cost factorWill onlyTrust + will
Upfront cost$0–$199$159–$500
Probate cost to family$3,000–$15,000$0
Time to distribute6–18 months0–3 months
Attorney fees at death$2,000–$10,000$0–$1,000
Total long-term cost$5,000–$25,000+$159–$1,500

For a renter with no real estate, a will-only plan is the right answer. For a homeowner, the trust pays for itself many times over — usually on the first probate cost it avoids.

Pick Your Path

Two paths, same idea: get something legally valid in place. A standard situation takes about 30 minutes either way.

Mostly need a will

Start with an online will

Best for renters, simple finances, and parents who mainly need to name a guardian.

Start a will at LegalZoom

Prefer a free option first? See our free will template or compare online will makers.

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Need a trust — or both

Get the trust + will bundle

Best for homeowners, $100K+ assets, blended families, and anyone over 60. Includes a revocable trust, pour-over will, power of attorney, and advance directive.

See the LegalZoom bundle

Walks through funding the trust step by step in how to make a trust.

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Still on the fence? Start with the will. You can upgrade to a trust later when you buy a home or assets grow — your existing will becomes the pour-over will inside the bundle.

Frequently Asked Questions

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