Who Needs a Trust Instead of a Will? How to Know Which One You Really Need -

Introduction

Middle-aged woman researching estate planning options on her laptop outdoors with coffee and notepad

When it comes to planning your legacy, the question isn’t just “Do I need a will?”—it’s often, “Who needs a trust instead of a will?” (And what even is a trust, anyway?)

If you’ve ever Googled this and left more confused than when you started, you’re not alone. Legal lingo can feel like another language—but don’t worry, we’re fluent in plain English and beginner-friendly breakdowns.

This guide will help you figure out what’s right for your life, your goals, and your peace of mind—no law degree required.

1. What’s the Difference Between a Will and a Trust?

Let’s start with the basics—without sounding like a textbook or making you reach for aspirin.

A will is a legal document that outlines your wishes after you pass away. It can name who inherits your things, who takes care of your kids, and even who gets your cookbook collection (you know, the one with the really good notes in the margins).

A trust goes a step further. It holds your assets during your lifetime (if it’s a living trust), and lets you manage exactly how and when they’re passed on—without needing to go through probate.

Think of it this way:

A will says, “Here’s what happens after I’m gone.”
A trust says, “Here’s what happens now and later—and I’m still the boss.”

Want the detailed side-by-side comparison? We’ve already broken that down in this guide, with fewer headaches and more clarity.

2. When Is a Will Usually Enough?

appy family of three smiling and sitting on a couch together, representing a simple estate situation where a will may be sufficient

Wills get a bad rap for sounding dramatic, but sometimes they’re all you really need—especially if your situation is fairly straightforward and you’re not planning a grand inheritance empire.

Here are some cases where a will might be just fine:

You don’t own a lot of complex assets (think: no multiple properties or investment portfolios)
You don’t mind if your estate goes through probate (the court process to validate your will)
You don’t have young children or dependents with special needs
Your estate is small to modest, and everything is pretty cut-and-dry

In these situations, a will can get the job done without much fuss. It’s often quicker and less expensive to set up, especially if you use a reputable online tool or consult an attorney for a simple package.

Just remember: even with a will, your estate will likely still go through probate—which can mean extra time, paperwork, and court fees. If that doesn’t bother you (or your future heirs), then a will might be your no-stress option.

3. Who Needs a Trust Instead of a Will?

Flat lay photo of a trust and will comparison with documents, clipboard, pen, and coffee cup, representing estate planning decisions

Ah, the million-dollar question (or at least the “a-few-thousand-dollar-in-legal-fees” question): when is a trust not just a fancy upgrade, but actually the better option?

If any of these sound like your life, a trust might be the smarter move:

You want your heirs to skip probate and avoid delays (and courtrooms)
You own property in multiple states, which can complicate estate processes
You value privacy and don’t want your estate details made public
You have dependents with special needs or want to set clear terms for inheritance
You’d like to space out distributions (e.g., “25% at age 25, 25% at 30…”)
You just like being in control (no shame—trusts are great for that)

A trust lets you say, “Here’s exactly what happens with my stuff, when, and how,” even when you’re no longer around to explain it.

Mini Story: Meet Olivia

Illustration of a mother and daughter standing outside a house and cabin, representing estate planning decisions involving multiple properties

Olivia is a single mom who owns a condo in California and a small cabin in Oregon. She’s not rich, but she wants to make sure her daughter avoids legal headaches and gets access to both properties smoothly. Olivia sets up a living trust, so everything transfers privately and efficiently—with zero probate drama.

4. Can You Have Both a Will and a Trust?

Absolutely—and in fact, many people do.

A common setup is having a living trust to manage most of your assets, paired with what’s called a pour-over will. That’s a fancy way of saying: “Hey, anything I forgot to put in the trust—please send it there when I’m gone.”

Think of the will as a helpful assistant: it steps in for anything that didn’t make it into the trust before you passed. This combo helps ensure your estate plan is complete, flexible, and a little more forgiving if life gets in the way (and let’s be real—it usually does).

So yes, it’s not only possible to have both—it’s often a really smart, well-rounded approach.

Want to explore more legal angles? Check out this side-by-side breakdown from Nolo, a trusted legal resource for beginners.

5. How to Get Started With the Right Option

Still not sure which one you need? That’s okay. Estate planning isn’t one-size-fits-all—and the good news is, just thinking about it puts you ahead of the curve.

Here’s how to move forward:

If your situation is simple, and you just want something in place:
→ Start with a basic will. There are trusted online services that walk you through it without the legal overwhelm.
If you checked off items in the “trust might be better” section above:
→ Look into setting up a revocable living trust. It gives you more control now and peace of mind later.
Want a full breakdown?
→ We’ve got you. Head to our Living Trust Guide for a step-by-step explanation that doesn’t assume you speak legalese.

And if you’re ever in doubt, talking to an estate attorney is a wise move. Even a quick consultation can help you feel 10x more confident.

The bottom line? You don’t need to have everything figured out—you just need to take the next right step.

Printed estate planning checklist on a desk next to a pen and cup of tea

Bonus Resource

Want to get organized before making any legal decisions? Download our free Estate Planning Checklist — it’s beginner-friendly, non-intimidating, and designed to help you take the next right step.

Download the Checklist

For more official guidance, USA.gov offers a simple overview of wills and trusts to help you understand your options and next steps.

Quick FAQs

Q: What happens if I only have a will?
A: Your estate will likely go through probate, which can take time and involve legal fees—but for simple situations, a will is often enough.

Q: Does a trust help me avoid taxes?
A: Not necessarily. Trusts don’t eliminate estate taxes, but they can help with how and when assets are transferred. A financial advisor can help you explore options.

Q: Can I make a trust online?
A: Yes! There are reputable online services that walk you through creating a living trust. Just make sure they’re state-compliant and trustworthy.

Closing Thoughts

Whether you’re team Will, team Trust, or somewhere in between—it’s not about getting it perfect. It’s about making sure the people and things you care about are protected.

You don’t need to have a complex estate or a big bank account to make smart decisions. You just need clarity, a little guidance, and maybe a warm beverage.

Want to learn more?
Check out our related guides:
→ What Is a Living Trust? A Simple Guide for Beginners
→ Grow Easy: Financial Planning for Beginners Unveiled

You’ve got this—and FundFern’s right here with you.