Do I Need a Will or a Trust? 

If you’ve ever found yourself wondering, “Do I need a Will or a Trust?”—you’re not alone. It’s one of the most common questions we hear. And while the answer depends on your unique situation, let’s break it down in a way that actually makes sense (no law degree required).

What’s the difference?

A Will is a set of instructions you leave behind that says who gets what when you die, names guardians for your kids, and can even include personal messages. But here’s the catch: a Will only kicks in after you die, and in California, it usually means your loved ones will need to go through the probate court process.

Probate is basically a lawsuit filed against your family for the benefit of your creditors. It’s a public, time-consuming, and expensive process that will reduce what your loved ones ultimately receive. You can imagine how overwhelming this court process can feel for families already navigating grief and loss.

And here’s something most parents don’t realize:

If something happens to you and you’re alive but incapacitated, your Will does NOTHING. That’s why parents of minor children need more than just a basic Will. We include a Kids Protection Plan in every Life & Legacy Plan where minor children are involved. It ensures that the people you trust can step in immediately, so your children are never left in the care of strangers, and their care is never subject to the whims of a judge.

A Trust, on the other hand, is a legal tool that works both while you’re alive and after you’re gone. Think of it like a treasure chest: you put your assets in it now, and if anything happens to you, your chosen trustee can step in immediately—without court involvement—to manage things exactly how you’ve laid them out. It offers privacy, control, and peace of mind.

So…which one do you need?

It depends. (Classic lawyer answer, I know.)

Here’s a quick cheat sheet:

• Own a home in California? You probably need a Trust to avoid probate.
• Have minor children? You definitely need a Will (at minimum) but ideally a Trust to ensure your kids don’t inherit everything at 18 without guidance.
• Want to avoid probate and make life easier for your loved ones? If your goal is to keep things private, easy, and stress-free for your loved ones, a Trust is usually the better choice.

We’ve learned through years of walking alongside families that a Will alone sometimes leaves gaps in protection, and Trusts aren’t reserved only for those with extraordinary wealth.

But the real question isn’t just about which document you need—it’s about what kind of experience you want for your loved ones during a vulnerable time. Our job is to help you figure out what’s right for your unique life and legacy.

Still unsure?

That’s okay. Most people don’t fit perfectly into one category. That’s why we guide you through a process to help empower you to choose what’s right for your life, your assets, and the people you love, so you don’t have to guess or Google your way through it. In our Life & Legacy Planning Session, we help you understand what you really need to achieve the outcome you want in the event of your death or incapacity.

Because in the end, estate planning isn’t just about documents—it’s about your peace of mind and protecting the people and things you love most.

Want help figuring it out?

If you’re feeling ready to explore what might work best for your unique situation:

• Watch our free webinar Estate Planning 101: We’ll walk you through everything in plain English, and you can watch it at your own pace.
• Book a Complimentary Discovery Call: Let’s talk it through together and help you take the guesswork out of planning.

Remember, this journey isn’t about making perfect decisions—it’s about making caring ones. What matters most is taking that first step toward creating protection for the people you love, in a way that reflects your deepest values and intentions.