This is a short decision page, not a 20-minute guide. It is for a family that lives and owns property in one state and is choosing between a last will and a revocable living trust. Read the three “when” sections, then take the free quiz. Longer versions live in the wills guide and trusts guide.
Disclaimer
EstatePlanWise is not a law firm and does not provide legal advice. This page is educational. A will or trust is only as good as your state’s signing rules, your facts, and (for a trust) whether you actually retitle assets into it. Use a qualified estate-planning attorney for anything beyond a simple DIY will or trust.
EstatePlanWise may earn a commission if you use our Trust & Will or LegalZoom links. Those relationships are disclosed here and on our affiliate disclosure. LegalZoom visit and compare-plan links on this page may be affiliate links. We do not invent star ratings, commission rates, or average attorney fees.
Will vs. revocable living trust, in one table
A will names who inherits, who serves as executor, and — if you have minor children — who you want as guardian. It takes effect at death and usually goes through probate. A revocable living trust can hold titled assets during your lifetime, name a successor trustee if you become incapacitated, and transfer those assets after death without a probate file for what the trust actually owns.
| Question | Last will | Revocable living trust |
|---|---|---|
| When it works | At death, after the court admits it | During life, at incapacity, and at death — if funded |
| Probate for titled assets | Usually yes | No, but only for assets actually titled in the trust |
| Public record | The will is typically public in probate | The trust is usually private |
| Guardian for minor children | Yes — this belongs in a will | No — you still need a will for guardianship |
| DIY work after signing | Store it; update after life events | Retitle the house and accounts, then keep funding it |
A funded-trust plan still includes a pour-over will. The real choice is will-only versus a trust plus a will — if you will actually fund the trust.
When a will is enough
A will is often the right DIY starting point when all of the following are true:
- Your family situation is simple — no blended-family competing claims, no special-needs beneficiary, no closely held business.
- You live and own real property in one state.
- You are willing to accept probate in that state (time, cost, and a public file).
- Your estate is well under the federal $15,000,000 basic exclusion and well under your state estate-tax threshold, if your state has one.
A will does not avoid probate for the house in your name, and it does not override beneficiary forms on life insurance or retirement accounts. If that list describes you, a state-specific online will plus a healthcare directive and durable power of attorney is a common first kit. Take the free quiz before you buy — no email required to see your recommendation; email is required to unlock the checklist and DIY provider links.
A will can create a testamentary trust
A living trust is not the only way to protect a beneficiary. A will can create a testamentary trust that comes into existence at death — for a minor child, a beneficiary with a disability, or a blended family — without retitling any assets during life. You name a trustee and a distribution age (or other terms) in the will. That is a real alternative to a living trust when the only concern is protecting a beneficiary rather than avoiding probate. A testamentary trust does not avoid probate: the will still goes through the court, and the trust is funded from the probate estate. Special-needs and blended-family terms are fact-specific; those situations belong with an attorney, not a DIY kit.
When a living trust is the better DIY path
A revocable living trust is the better DIY path when a will would work legally, but probate or privacy is the problem you actually care about — and you will do the funding work. Typical fits:
- You own a house in a slow-probate state and want the successor trustee to deal with the deed without a full probate administration.
- You want the distribution plan to stay private rather than sit in a public probate file.
- You will actually fund it: retitle the home and change account ownership into the trust, then keep doing that when you buy the next asset. A payable-on-death (POD) designation that names a person is a different act, not a substitute for retitling — it overrides the trust’s distribution plan for that account, and because the account stays in your name during life it does nothing if you become incapacitated.
An unfunded trust is a will with extra steps. Signing the booklet does not move the house; if the deed still lists you individually, that house is still a probate asset. Read How to Fund Your Living Trust before you pay for a trust kit. If you will not retitle, buy a will instead. A funded trust still needs a pour-over will for leftovers and for naming a guardian — see the trusts guide.
When to hire an attorney
Skip DIY checkout and hire a qualified estate-planning attorney when any of these apply:
- A blended family, or anyone who might contest the plan.
- A special-needs beneficiary who receives (or may receive) public benefits.
- A business, partnership, or LLC interest.
- Property in more than one state.
- A state estate tax (or inheritance tax) that could actually apply to you.
- $1 million-plus complexity — not because $1 million is a federal estate-tax problem in 2026, but because titling, beneficiaries, and family facts get harder as the balance sheet grows.
Our quiz routes $1 million–$5 million estates, estates over $5 million, and business/partner answers to an attorney path — not a DIY living-trust buy button. Attorney fees are set by the lawyer you hire. We do not publish a fake “average attorney fee.” Search the ACTEC Find a Lawyer directory, or contact EstatePlanWise if you have a question about this page. We are an educational publisher, not an attorney-matching service. The same complexity screen — when a simple online kit is enough versus when to hire counsel — is on DIY vs. hiring an attorney.
Published list prices (fetched August 20, 2026)
These are official list prices, not sale stickers and not star ratings. Trust & Will prices are from trustandwill.com/compare. LegalZoom individual will prices are from LegalZoom’s last will and testament overview. LegalZoom individual living-trust prices (Basic $399 · Premium $549) are from LegalZoom’s living-trust overview, the same source cited on How much a revocable living trust costs. For a fuller will-and-trust side-by-side, see Trust & Will vs. LegalZoom.
If you use a Trust & Will or LegalZoom link on this site, EstatePlanWise may earn a commission. See our affiliate disclosure.
| Item | Trust & Will | LegalZoom |
|---|---|---|
| Individual will | $199 | Basic $129 · Pro $149 · Premium $299 |
| Individual trust | $499 | Basic $399 · Premium $549 |
| Couples trust | $599 | Not quoted here |
Trust & Will (affiliate): Individual Will · Trust plan. LegalZoom (affiliate): Visit LegalZoom.
Federal numbers (2026)
The federal basic exclusion amount for 2026 is $15,000,000 per person. Source: IRS What’s New — Estate and gift tax (Pub. L. 119-21). The 2026 federal “sunset cliff” did not happen. State estate taxes can still apply far below $15 million. Being under the federal number is not the same as being under your state’s number.
Next step: take the free quiz
Primary: take the free estate planning quiz — a short quiz, about 2 minutes. No email required to see your recommendation; email is required to unlock the checklist and DIY provider links.
Secondary: compare published list prices on Trust & Will vs. LegalZoom. If DIY does not fit, use a qualified estate-planning attorney rather than a checkout page.
Ready to choose a path?
Answer a short quiz. No email required to see your recommendation; email is required to unlock the checklist and DIY provider links.
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