Will vs. Trust: Which Do You Need?
In one sentence: a will says what happens to your things after you die and only works through probate court; a living trust can manage your things while you're alive, during incapacity, and after you die, without probate — at the cost of more setup work. Neither one is simply “better” — the right choice depends on what you own and what you're optimizing for.
Side by side
| Will | Living Trust | |
|---|---|---|
| Takes effect | Only after you die | Immediately, while you're alive |
| Goes through probate | Yes | No, for anything funded into it |
| Public or private | Becomes public record | Stays private |
| Covers incapacity | No — needs a separate POA | Yes, via your successor trustee |
| Setup effort | Simpler — one document | More involved — must be funded |
| Typical cost here | $49 | $99 |
A will is usually enough if
- Your estate is relatively simple, without significant real estate to manage.
- Avoiding probate isn't a priority for you or your family.
- You want the least amount of paperwork to maintain going forward.
A trust is usually worth it if
- You own real estate, especially in more than one state.
- You want your family to avoid probate's cost, delay, and public record.
- You want a plan that also covers incapacity, not just death.
You can have both
Every Trusts bundle already includes a pour-over will as a backstop, so a trust and a will aren't an either/or choice — the will simply catches anything you didn't get around to formally moving into the trust. Many people start with a Wills bundle and add a trust later once they have real estate or other reasons to want probate avoided.
This is general information, not personalized legal advice. Rules vary by state — Kintrusts applies your state's specific requirements when you build your documents.