Estate planning legal guide

Will vs. trust: a plain-language guide

What each one does, the basic rules in every U.S. state, D.C. and Puerto Rico, a look at other countries, and how to start the conversation gently.

General information only, checked 2026-10-14. Not legal advice and not reviewed by an attorney. Laws change — confirm with a licensed attorney in your state.

What's the difference?

A will says who receives your property and who cares for minor children after you die. A revocable living trust holds your property while you're alive and passes it on without court involvement.

WillLiving trust
Takes effectAt deathWhen signed and funded
ProbateUsually goes through probate courtAssets in the trust usually avoid probate
PrivacyBecomes a public court recordGenerally stays private
If you become unable to decideDoes not helpA successor trustee can step in
Guardians for childrenCan name themCannot — you still need a will
Upfront effort and costLowerHigher; assets must be retitled

Common myths

  • "A trust avoids all taxes." A revocable trust usually doesn't reduce income or estate taxes.
  • "I'm too young for a will." Any adult with children, property or strong wishes benefits from one.
  • "A trust replaces a will." Most trust plans still include a short "pour-over" will.

State-by-state rules (52 jurisdictions)

52 shown

Trust Code status: Uniform Law Commission — Trust Code enactment map. Summaries are simplified; exceptions exist in every state.

Outside the United States

U.S. rules don't apply abroad. If you own property in another country, you may need a local will there.

Spain & Latin America

Most follow civil-law systems: wills are often made before a notary, and forced-heirship rules reserve shares for children or spouses. Common-law trusts are rarely used; Mexico and Panama have their own trust (fideicomiso) forms.

Country guide

China (mainland)

The Civil Code recognizes handwritten, typed, recorded and notarized wills, each with formal requirements. Trusts exist under the Trust Law but are uncommon for family estates.

Country guide

Singapore

Wills need two witnesses under the Wills Act; trusts are recognized. Muslim estates are generally governed by Islamic inheritance rules.

Country guide

New Zealand

Common-law system: wills and family trusts are widely used, and the Trusts Act 2019 sets trustee duties. Family members can sometimes challenge a will.

Country guide

Iceland

Civil-law system with reserved shares for descendants; wills are usually certified by a notary. Common-law trusts are not part of Icelandic law.

Country guide

The hard conversation: bringing up a trust with love

Worried a parent will think you're planning for them to die? Read our gentle guide with conversation starters and resources.

Read the conversation guide

A gentle next step

Legacy Planner helps you record people to call, where documents are kept, and your wishes. It organizes information — it doesn't create a will or trust.

Start My Planning Checklist