In the will vs. living trust decision, a will is usually the simpler, lower-cost starting point, while a living trust can help your family avoid probate, keep matters private, and plan for incapacity. The right choice often depends on what you own, where you own it, and how much you want to spare your family from court involvement later.

What is the difference between a will and a living trust?

A will is a document that says who receives your property and who should handle your affairs after you die, and it takes effect only at death and generally goes through probate. A revocable living trust is an arrangement you set up during life that holds your assets, lets you stay in control, and names a successor to take over at incapacity or death.

“Probate” is the court-supervised process of proving a will, paying debts, and transferring property to heirs. Property held in a living trust generally passes outside probate because the trust, not you personally, owns it.

The two are not rivals. Most people with a living trust also sign a short “pour-over” will, which catches any asset left outside the trust and directs it into the trust. A will is also where parents typically name a guardian for minor children. For more, see: Naming a Guardian for Your Kids: What Every Parent Should Know.

Will vs. living trust: how do they compare side by side?

Does a will avoid probate?

No. A will does not avoid probate; it is the document the probate court uses to decide who receives what. That said, many assets skip probate no matter what your will says, including accounts with a named beneficiary, payable-on-death accounts, and property owned jointly with survivorship rights.

So a will-based plan can still keep much of an estate out of court if beneficiary designations and titles are coordinated. For more, see: Assets That Skip Probate: Joint Accounts, Beneficiary Designations, and Trusts.

Is a living trust worth it if I don’t have a lot of money?

It can be, but not always. A living trust tends to be most useful if you own real estate (especially in more than one state), want privacy, have a blended family, have a beneficiary who needs structure, or want a smooth handoff if you become incapacitated. For a renter with a retirement account and a bank account that both name beneficiaries, a will plus powers of attorney is often enough.

The burden of probate also varies a great deal by state, which is why the answer can differ for a family in Baltimore, Washington, D.C., or Houston.

How does probate differ in Maryland, D.C., and Texas?

The three jurisdictions we serve take noticeably different approaches, and that affects how much a living trust may be worth to you.

Maryland

Maryland offers a simplified “small estate” process when the decedent’s probate assets are worth $50,000 or less, or $100,000 or less if the surviving spouse is the sole heir or beneficiary, according to the Maryland Register of Wills (Md. Code, Est. & Trusts § 5-601). Larger estates go through regular administration, which generally involves an inventory, notice to creditors, and accountings. Creditors generally have six months from the date of death to present claims, or less if the personal representative sends them written notice (Est. & Trusts § 8-103), so a regular estate usually stays open at least that long.

Because many Maryland estates exceed the small estate limits once a home is included, a living trust can be worth a close look for Maryland homeowners.

Washington, D.C.

D.C. raised its small estate threshold from $40,000 to $80,000 in the Strengthening Probate Administration Amendment Act of 2024, which took effect March 21, 2025 and applies to people who died on or after that date (D.C. Code § 20-351). The same law created a transfer-by-affidavit option for very small estates of $40,000 or less that include no real estate.

D.C. has been working through implementation of these reforms, and the Council passed follow-up corrective legislation in 2026. Anyone handling a D.C. estate right now should confirm current procedures with the Probate Division. Given that uncertainty, and the fact that most D.C. homes far exceed these limits, many D.C. homeowners find a living trust appealing.

Texas

Texas probate is often comparatively streamlined. Many Texas wills are probated with “independent administration,” which lets the executor settle the estate with limited court supervision (Tex. Estates Code § 401.001). Even without that language in the will, all of the beneficiaries can generally agree to request it (§ 401.002).

Texas also allows a will to be probated as a “muniment of title,” which transfers property without appointing an executor at all, generally when the estate has no unpaid debts other than debts secured by real estate (§ 257.001). For people who die without a will, a small estate affidavit may be available when estate assets, excluding the homestead and exempt property, do not exceed $75,000 (§ 205.001).

Because these tools can make Texas probate relatively manageable, a well-drafted will is often a practical choice there, though a trust may still make sense for privacy, incapacity planning, or property in other states.

Why does trust funding matter so much?

A living trust only controls assets that are actually titled in the trust’s name, a step called “funding.” If you sign a trust but never retitle your house or accounts, those assets may still have to go through probate, which defeats much of the purpose.

Funding usually means signing a new deed for real estate, retitling bank and brokerage accounts, and reviewing beneficiary designations. It is not difficult, but it has to be done, and it has to be maintained when you buy or open something new.

Where do our packages fit?

Our flat-fee Essential package ($700) covers a will, financial power of attorney, and healthcare directive, which suits many people for whom a will-based plan makes sense. Our Legacy package ($1,900) adds a revocable living trust, guardianship designations, and beneficiary guidance. You can learn more on our Estate Planning page.

Frequently asked questions

Can I have both a will and a living trust?

Yes, and most people with a trust do. The trust holds the main assets, and a pour-over will catches anything left outside it and names guardians for minor children if needed.

Does a living trust protect assets from creditors?

Generally no. A revocable living trust usually offers no creditor protection during your lifetime because you keep full control of the assets. Asset protection typically requires different, more advanced planning.

Do I still need powers of attorney if I have a living trust?

In most cases, yes. A trust covers only assets titled in the trust, so a financial power of attorney is still useful for things like taxes and retirement accounts, and a healthcare directive covers medical decisions.

Can I change a living trust later?

Yes. A revocable living trust can generally be amended or revoked at any time while you have capacity, which is one reason it works well for families whose lives are still changing.

Talk it through with us

Choosing between a will and a living trust is easier when someone looks at your actual assets and goals. We can help you weigh the options in plain English and set up whichever plan fits, often remotely.

• Get a free 2-minute estimate: Start your estimate

• Book a $75 consultation: a focused 20-minute introductory session to understand your situation and see whether we’re a good fit. It is not legal advice, and the $75 is credited toward your fee if you hire us. Book a consultation

This article is general information, not legal advice. Reading it does not create an attorney-client relationship.