Will vs. Trust

Will vs. trust — which one do you need?

Side by side, in plain English. If you want a 60-second answer instead of reading, take the quiz.

What it does
Living trust
Will
 
Effective during your lifetime
Yes
No
Avoids probate court
Yes
No
Keeps your estate private
Yes
No
Names guardians for minor children
Yes (via pour-over will)
Yes
Manages assets if incapacitated
Yes
No
Faster access to assets for family
Weeks
Months
Best for homeowners
Recommended
Limited

The quick answer

If you own a home, want privacy, or want your family to skip probate court, choose a living trust. If you don’t own real estate and just want a baseline plan that names guardians and beneficiaries, a will is enough.

Quick rule of thumb: Real estate → trust. No real estate → will. Either way, you’ll also want a power of attorney and a healthcare directive — both are included in every MyEstatePlanner plan.

Why most homeowners pick a trust

Probate is the court process that distributes a person’s assets after death. It’s public, slow, and often expensive — depending on the state and the size of the estate, it can take 6–18 months and cost 3–7% of the estate value in fees. A living trust skips probate entirely.

Trusts are also private. A will becomes public record once it goes to probate. A trust does not. If you’d rather your family’s finances not be searchable, a trust is the better fit.

When a will is enough

Wills are simpler, less expensive (in attorney terms — our pricing is the same either way), and adequate for many people. If your assets are limited to bank accounts, retirement funds, and personal property — and you’ve named beneficiaries on those accounts — a will provides the missing piece: who gets what, and who manages the estate.

The role of state law

Estate planning is governed at the state level. Some states have particularly slow probate processes (California is famous for this); others are much faster. State law also affects things like community property, spousal rights, and what counts as a valid will. Your MyEstatePlanner documents are state-specific from the start.

The MyEstatePlanner difference

Both our will plan and our trust plan include power of attorney, healthcare directive, and HIPAA authorization — so you’re never picking just one document. The difference is whether your core document is a will or a trust.

  • Individual Will Plan: $995 — last will, POA, healthcare directive, HIPAA
  • Individual Trust Plan: $995 — living trust, pour-over will, POA, healthcare directive, HIPAA
  • Couples plans: $1,195 (same documents for two people)

Still not sure? Take the 60-second quiz.

We’ll point you to the right plan based on your situation.