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.
| Feature | Last Will | Revocable Living Trust |
|---|---|---|
| Avoids probate | Goes through court | Skips court entirely |
| Privacy | Becomes public record | Stays private |
| Names a guardian for kids | Only a will does this | Needs a pour-over will |
| Covers incapacity | Only activates at death | Successor trustee can step in |
| Speed of distribution | 6–18 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 distributions | Limited | Full control (age, timing) |
| Setup work | Sign + witness | Must retitle assets into trust |
| Best fit | Renters, simple estates, parents naming guardians | Homeowners, $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.
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.
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.
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.
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 bundleAffiliate link · We may earn a commission
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 factor | Will only | Trust + will |
|---|---|---|
| Upfront cost | $0–$199 | $159–$500 |
| Probate cost to family | $3,000–$15,000 | $0 |
| Time to distribute | 6–18 months | 0–3 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 LegalZoomPrefer 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 bundleWalks 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
You May Also Find Helpful:
How Much Does a Will Cost?
Real price ranges for free, online, attorney, and DIY paths — and when each one is the smart pick.
Read →How to Make a Trust
The six steps to create and properly fund a revocable living trust — online or with an attorney.
Read →Living Will vs Last Will
Two different documents that get confused all the time. Here's what each one actually does.
Read →