Will vs. Living Trust: Which Fits a One-State Family?

Updated August 21, 2026 · About 8 minutes · Educational only — not legal advice

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:

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:

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:

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.

Take the free quiz →