Choose
A will
Your estate is simple, held mostly in accounts with clean beneficiary designations, and you are comfortable with probate for what remains.
655 Metro Place South, Suite 440 · Dublin, OH 43017
Reserve your spot for our next webinar →Compared
The most common estate planning question, and the one most often answered as though it were either/or. It is not: the two do different jobs, and most households at retirement end up with both.
Most families at or near retirement need both, and the trust is the one that does the work people are usually hoping for. A will directs what you own in your own name and does so through probate; a revocable trust holds assets outside probate and gives somebody authority immediately if you become unable to act. If you are choosing where to spend effort, the trust, and actually funding it, matters more.
Side by side
| Compared on | A will | A revocable trust |
|---|---|---|
| When it takes effect | Only at death. | As soon as it is signed and funded, and it keeps operating after death. |
| Probate | It is the document probate administers. A will does not avoid probate. | Assets titled into it pass outside probate entirely. |
| If you lose capacity | Does nothing. You need a power of attorney. | A successor trustee can act without a court appointing anyone. |
| Privacy | Probate is a public court record. | Administration is private. |
| Cost and effort | Cheaper to draft. The cost lands later, on the estate. | More to draft, plus the funding work, which is where most of the value is and where most plans stop. |
| Retirement accounts and life insurance | Does not control them. They pass by beneficiary designation. | Does not control them either, unless deliberately named as beneficiary, which is sometimes right and often not. |
Which you actually need
Nobody wins a comparison in the abstract. What decides it is which of these sentences describes your situation.
Choose
Your estate is simple, held mostly in accounts with clean beneficiary designations, and you are comfortable with probate for what remains.
Choose
You own real property, want privacy, want somebody able to act if you cannot, or would rather your family not deal with a court at all.
Usually both
Almost always. The trust holds the assets; the will catches anything that was never funded into it and names your executor. A trust without a will has a gap in it.
The mistake this comparison causes
What people conclude
“I have a will, so my estate is handled and probate is taken care of.”
What is actually true
A will is the instruction manual for probate, not an alternative to it. And the most common failure is not choosing wrong between these two. It is choosing the trust, signing it, and never re-titling anything into it. A trust that owns nothing avoids nothing.
The terms underneath this
Plain answers
Not really. The deciding factors are what you own rather than how much. Real property, a desire for privacy, and wanting somebody able to act during incapacity all point to a trust regardless of the balance. What does scale with size is how much a mistake costs.
You can, and execution formalities are where home-made wills usually fail: signing and witnessing requirements are technical and unforgiving, and a will found invalid is worse than none. The larger risk is that a document written without knowing how your accounts are titled can conflict with them, in which case the titling wins.
Yes. A trust gives a successor trustee authority over what is inside it. A financial power of attorney gives someone authority over everything else: filing your taxes, dealing with Social Security, handling an account that was never funded in.
Which one is right for you
Which of these fits depends on what you own, how it is titled and what your tax picture looks like, which is exactly what a Clarity Map Session establishes. Free, 30 minutes, no obligation.
30 minutes · No cost · No obligation