Will vs trust: which one do you need?

Updated 2026-10-16 · Expert review in progress

The short answer

A will says who receives your property and goes through probate after you die. A revocable living trust holds property you move into it, so a successor trustee can manage it if you can't and pass it on without probate. Many people use both: a trust for the main assets and a pour-over will as a safety net.

You may have heard that everyone needs a trust now. Or that trusts are only for wealthy families. Neither is quite right, and the real answer depends on what you own and who will carry out your wishes.

This page sets a will and a revocable living trust side by side. We use Washington as the worked example, with each rule tied to its statute. For how these documents fit with the rest of a plan, see our guide to estate planning documents.

What does a will do?

A will says who receives your property at your death and names the person who will settle your estate. That person is your executor, called a personal representative in Washington.

In Washington, a will must be in writing, signed by you, and signed by two or more competent witnesses (RCW 11.12.020). Other states have their own signing rules.

A will does its work through probate, the court process for settling an estate. The court admits the will and appoints the executor, who then pays debts and distributes what is left. A will does nothing while you are alive.

What does a trust do?

A revocable living trust is a document that holds property for your benefit. You usually serve as your own trustee while you are well. You name a successor trustee to take over if you can't manage, or after you die.

"Revocable" means you can change or cancel it. In Washington, a trust can be revoked or amended only if its terms expressly say so (RCW 11.103.030). Our post on revocable vs irrevocable trusts explains the difference.

A trust controls only what you move into it. That means retitling the house deed and renaming accounts in the trust's name. Our post on what a living trust is walks through how that works.

Will vs trust, side by side

Item	Will	Revocable living trust
What it controls	Property in your name only with no beneficiary	Only property moved into the trust
Works while you're alive?	No	Yes; a successor trustee can manage it if you can't
Goes through probate?	Yes	No, for assets in the trust
Who acts after death	An executor appointed by the court	A successor trustee, without court appointment
Privacy	Filed in a court case	Generally settled privately
Setup	Signed and witnessed	Signed, then funded by retitling assets
Changing it	Write a new will or a codicil	Amend it, if it says it is revocable

How is each one settled after death?

Settling a will

The executor asks the superior court to admit the will and appoint them. In Washington, they then send notice to heirs and beneficiaries within 20 days of appointment (RCW 11.28.237). They can publish notice to creditors, which starts a four-month creditor period (RCW 11.40.051).

Washington's probate is lighter than in some states. The court must grant nonintervention powers to an executor named in the will if the estate is solvent, unless the will says otherwise (RCW 11.68.011). That lets the executor work without a judge's approval for each step.

Settling a trust

In Washington, assets in a revocable trust that becomes irrevocable at death are nonprobate assets (RCW 11.02.005). The successor trustee distributes them under the trust's terms, without a probate case.

A successor named in the trust who is willing to serve "is entitled to act as trustee except for good cause or disqualification" (RCW 11.98.039). No court appointment is needed. The trustee must notify the beneficiaries within sixty days of accepting the role, unless the trust waives it (RCW 11.98.072).

Debts still get paid. If no personal representative has been appointed, a trustee who receives substantially all of the assets can give creditors notice outside probate (RCW 11.42.010). The notice is filed with the court and published for three weeks, much like probate notice (RCW 11.42.020).

Our post on what a successor trustee does covers that job in detail.

What happens if you can't manage your affairs?

This is the difference people often miss. A will only speaks after death. If you are in the hospital for two months, it can't pay the mortgage.

With a trust, the successor trustee can step in for whatever the trust holds. The trust document sets when that happens, often on incapacity. That can mean the house, the brokerage account and the checking account that pays the dog walker.

Either way, you still want a durable financial power of attorney for things outside the trust. That includes retirement accounts, tax returns and the car title.

Why do people with a trust still need a will?

Even careful people leave something outside the trust. A new account, a refund that arrives after death, a car.

A pour-over will catches those leftovers and sends them into the trust. Washington law expressly allows a will to leave property to a separate trust, even one that is revocable and was amended later (RCW 11.12.250). Our post on the pour-over will explains how it works.

Anything that passes under a pour-over will may still need probate. In Washington, a probate estate of $100,000 or less can often be collected by affidavit after 40 days instead (RCW 11.62.010).

Which one fits you?

There's no single right answer. Here is how the common situations tend to sort out.

If this sounds like you...	A will may be enough	A trust is worth a look
Most savings are in accounts with named beneficiaries	Yes
You own a home in your name only		Yes, to keep it out of probate
You want a plan for managing money if you can't		Yes, alongside a power of attorney
You want your affairs kept out of a court file		Yes
You'd rather keep things simple and change them easily	Yes
Your estate is small enough for Washington's affidavit	Yes

For a closer look at the common case of a house and a retirement account, see do I need a trust.

Who carries it out?

Either document is only as good as the person who acts on it. A will needs an executor who can open probate and see it through. A trust needs a successor trustee who can manage property, sometimes for years.

Both are fiduciaries, meaning legally required to act in your interest and follow what you wrote. Our guide to the four roles in an estate plan covers how to choose each person and a backup.

Kinly's membership includes a will, a revocable trust and both powers of attorney, written for your state. Trella Trust Company, a Washington State chartered trust company, can be named executor or trustee, first or as backup to someone you choose.

Common questions

Is a trust better than a will?

Not for everyone. A trust avoids probate for the assets in it and lets a successor trustee manage things if you can't. A will is simpler to set up and change. Many people use both: a trust for the main assets and a pour-over will for anything left out.

Does a trust avoid probate?

Only for property actually moved into the trust. In Washington, assets in a revocable trust that becomes irrevocable at death pass outside probate. Anything left in your name only, with no beneficiary, still goes through probate under your will.

Do I need a will if I have a trust?

Yes, usually a pour-over will. It sends anything left outside the trust into it at your death. Washington law expressly allows a will to leave property to a separate trust, even one that was amended later.

Can a trust help if I become incapacitated?

Yes, for property in the trust. The successor trustee can take over management when the trust says, often on incapacity. You still need a durable financial power of attorney for things outside the trust.

Is a will made public?

When a will is filed in a probate case, it becomes part of a court file. Washington's court rule says the courts aim to facilitate access to court records, with limits for reasonable privacy. A trust that never goes to court stays private.

Sources

This page is general information, not legal or financial advice. Laws vary by state.

Keep reading

DocumentsRevocable vs irrevocable trustIrrevocable vs revocable trust: a revocable trust can be changed or canceled while you live; an irrevocable one generally can't. Which one fits you?DocumentsWhat is a pour-over will?A pour over will catches anything left outside your living trust and sends it into the trust at your death. Why you need one, and what it can't do.DocumentsEstate planning documents: what you need and what each one doesEstate planning documents in plain words: what a will, trust, power of attorney and health care directive each do, and who has to act on every one of them.The four rolesThe four roles in an estate plan, and who should fill themWho should I name as power of attorney, executor and trustee? A plain guide to the four roles in every estate plan and how to choose who fills each.