A will is a set of instructions that takes effect when you die. A trust is a legal arrangement that can manage assets during your life as well. The two tools do different jobs, and most Washington families need at least one. Some need both.

This is the question we hear most from parents in their thirties and forties: Do we just need a will, or do we need a trust?

What a will actually does

A will names guardians for minor children, distributes your assets, and points to who is in charge of carrying it out. After you die, the will goes through probate — a public court process in your county. Washington probate is comparatively quick and inexpensive next to other states, which is one of the reasons many Washington families do not need a revocable living trust.

A will is the right tool when:

  • Your assets are straightforward (a home, a few accounts, a car or two)
  • Your beneficiaries are competent adults or you are comfortable with the court's involvement for any minor children
  • You do not own real estate in another state
  • You are not concerned about privacy

When you need a trust

A trust starts to make sense when one or more of the following are true:

  • You have minor children and want assets held for them (not just distributed at age 18)
  • You own real estate in more than one state — trusts let you avoid probate in each
  • You have a blended family and want control over how assets pass through second marriages
  • You have a child or beneficiary with special needs whose government benefits could be affected by an inheritance
  • You value privacy — probate filings are public records; trust administration is not

A revocable living trust does not save Washington estate tax, contrary to a common myth. What it does is keep your affairs out of court and give you control over how and when your beneficiaries receive what you leave them.

What we recommend most often

For a Washington family with young children, a will plus a separate testamentary trust (a trust created inside the will, activated at death) is often the right balance — the simplicity of a will, the control of a trust, without the upfront expense of funding a living trust during your lifetime.

For families with more complex assets, a revocable living trust is usually worth the cost.

What we will not tell you

We will not tell you what is right for your family in a 600-word article. The answer depends on your specific situation — the assets you own, where you own them, the ages and circumstances of your beneficiaries, and what you are trying to protect against.

What we will tell you, on a thirty-minute call, is which of these tools fits your situation and roughly what it would cost. If a will is enough, we will say so. If a trust is the right move, we will explain why.

This article is for general information and is not legal advice. Contacting our firm does not create an attorney-client relationship.