I am often asked this question: What is the difference between a Will and a Trust?

I figured I would shed some light on that question. Simply put: 

• A Will is a short document stating who receives what assets following your death. 
• A Trust is a long document stating who receives what assets following your mental incapacity or death. 
• A Will is usually recommended for persons with less than $208,850.00 in assets (as of 2026).
• A Trust is often recommended for those with more assets than  this amount. Therefore, if you’re a homeowner, it is typically recommended for you to have a trust. 
• A Will becomes usable at the time of your death. 
• A Trust becomes usable immediately after signing it and continues being usable following your death. 
• A Will is witnessed by two persons. 
• A Trust is notarized. 
• A Will is a document that you can set aside once it is signed. 
• A Trust requires a few action steps once it is signed. It requires you to “connect” your assets to your trust. This is critical in order for the Trust to work correctly upon your death. 
• A Will can result in your family or beneficiaries needing to step into a courtroom (Probate) to claim the inheritance. 
• A Trust, when carefully crafted and connected to your assets, should be able to avoid Probate so that your family or beneficiaries skip the courtroom when claiming the inheritance. 

Keep in mind that the above information is incredibly general and for informational purposes only. It is not a complete set of statements and will not apply to all persons. Receive a custom consultation from my office to best determine which document is best for your needs and goals. 

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