Will vs. Trust in California: Which Do You Need?

When planning your estate in California, you’ve likely heard of two options: a will and a trust. While both serve to distribute assets after death, they work in significantly different ways. Choosing the right one depends on your personal circumstances, financial goals, and family needs.

What is a Will?

A will is a legal document that outlines how your assets should be distributed after your death. It also allows you to:

• Name an executor to manage your estate.

• Designate guardians for minor children.

• Specify funeral arrangements or other wishes.
  

Pros of a Will:

✔ Simplicity – Easier and cheaper to create than a trust.

✔ Flexibility – Can be updated as life circumstances change.

✔ Guardianship – Essential if you have minor children.

Cons of a Will:

✖ Probate Required – Your estate must go through probate, a court-supervised process that can be time-consuming and costly.

✖ Public Record – Probate is a public process, meaning your estate details become part of the court record.

What is a Trust?

A trust is a legal document that allows you to manage your assets during your lifetime and distributes them to your beneficiaries after you pass away. In California, the most common type is a revocable living trust. You maintain control over your assets during your lifetime and name a trustee to manage them after your death.

Pros of a Trust:

✔ Avoids Probate – Assets in a trust pass directly to beneficiaries, saving time and legal costs.

✔ Privacy – Unlike a will, trusts are not public records.

✔ Incapacity Protection – If you become incapacitated, your successor trustee can manage your assets without court intervention.

✔ Control Over Distributions – You can set rules for how and when beneficiaries receive their inheritance (e.g., staggered payments, specific conditions).

Cons of a Trust:

✖ More Expensive to Set Up – Creating a trust typically costs more than a standalone will. 

✖ Ongoing Maintenance – You must transfer assets (like real estate and bank accounts) into the trust, or they won’t be covered.

Which One is Right for You?

• If you own real estate or have a significant estate, a trust helps avoid probate.

• If you want privacy and control, a trust is better.

• If your estate is small ($184,500 or less in California), probate may be avoided without a trust.
  

Please contact me to discuss whether a trust or will is best for your situation. About the Author

Kendra Hampton has nearly 20 years of legal experience. She manages her own estate planning practice and has helped hundreds of clients create and update their trust, will, and powers of attorney. Kendra is committed to educating clients on the importance of estate planning and crafting personalized planning strategies.