Wills and Trusts are both powerful estate planning tools — but they serve different purposes. Understanding the difference can help you make more informed decisions when building your estate plan.
This article explains the core distinctions between the two, why you might need one or both, and how each plays a role in preserving your legacy and protecting your loved ones.
What Is a Will?
A Last Will and Testament is a legal document that:
Specifies how your assets should be distributed after you pass
Appoints a personal representative (or executor) to carry out your wishes
Names legal guardians for minor children or dependents
Wills typically go through probate — a public court process that validates the document and oversees the distribution of your estate.
What Is a Trust?
A Revocable Living Trust is a legal structure that:
Lets you name a trustee to manage and distribute your assets
Holds and organizes your property for specific beneficiaries
Avoids probate by transferring ownership into the Trust during your lifetime
Unlike a Will, a Trust can take effect while you’re still alive — allowing for asset management if you become incapacitated, and continuing to operate after your death.
Core Differences Between Wills and Trusts
While both documents direct how assets are passed on, there are key distinctions:
Probate
Wills go through probate. Trusts, when properly funded, do not — allowing for faster, private distribution.
Privacy
Wills become public record once filed with the court. Trusts remain private and are administered outside of the court system.
Timing
A Will takes effect only after death. A Trust is active during life and after — helpful for incapacity planning.
Special Needs Planning
Trusts can be designed to preserve government benefits for a beneficiary with disabilities. Wills generally cannot.
Beneficiary Protection
Trusts offer more control. You can set age thresholds or include language to protect assets from creditors, lawsuits, or other risks.
Minor Children
A Will is necessary to name legal guardians. But leaving assets directly to minors in a Will typically requires court oversight. A Trust allows you to manage those assets privately and on your terms.
Estate Taxes
Certain Trust structures can help reduce or eliminate estate taxes. A Will alone does not provide that level of planning.
Why People Use Both
Wills and Trusts are not either-or. In fact, they often work best together.
A Trust handles your major assets and offers flexibility and privacy. A Will acts as a backstop — covering anything not titled in your Trust and officially naming guardians for dependents.
Together, they ensure your full estate is accounted for and your wishes are honored from every angle.
How It Works in Estate Guru
You don’t have to make this decision alone.
Every Estate Guru client begins with an assessment designed by attorneys. Based on your answers, the platform will recommend the right structure — whether that’s a Trust, a Will, or both — and provide oversight from a licensed attorney as needed.
Plans are tailored to your situation, your state of residence, and your goals — ensuring clarity, consistency, and confidence every step of the way.