All Laws Decoded

Will vs. Trust: What's the Difference?

A will says who gets your property after you die and usually goes through probate court. A revocable living trust holds property you transfer into it, can be managed for you if you become unable to, and its assets generally pass without probate. Many people use both.

What the law says

How to file a complaint

Neither document is filed with a court while you are alive in most cases. A will is delivered to the probate court after death. A trust must be funded by retitling assets into the trust's name. Because trust and will rules come from state law, consider an estate planning lawyer. CFPB, Managing Someone Else's Money: Help for trustees under a revocable living trust

FAQ

Does a trust avoid probate?
Property held in a revocable trust generally passes without probate. Property left outside the trust may still need probate.
If I have a trust, do I still need a will?
A trust only controls property transferred into it. A will can cover other property and can name a guardian for minor children.
Can I change a living trust?
Yes, while you can still make decisions and the trust terms allow it. It typically becomes irrevocable at incapacity or death.
Does a will avoid probate?
No. An estate may need to go through probate even if there is a will.

Related

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.