Does a will avoid probate?

No. A will must generally be probated in court. A properly funded living trust can avoid probate for the assets titled in it.

Do I still need a will if I have a trust?

Most people with a trust still want a pour-over will to catch any assets not titled in the trust and to nominate guardians for minor children.

Cornerstone Guide

Living Trust vs. Will: What's the Difference?

Two common estate-planning tools that work very differently. Here is a plain-English, row-by-row comparison.

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Issue	Living Trust	Will
Created during life	Yes	Yes
Operates during incapacity	Generally yes	No
Can avoid probate	For properly funded trust assets	No
Public probate record	Generally avoided for trust assets	Generally yes
Requires funding	Yes	No
Controls after death	Yes	Yes
Can be changed	Depends on the trust	Yes, while competent

Explaining each row

Created during life

Both can be created while you are alive and competent.

Operates during incapacity

A funded trust can let a successor trustee manage assets if you become incapacitated. A will only takes effect at death.

Can avoid probate

Assets titled in the trust name generally pass without probate. A will must be probated.

Public probate record

A will is filed with the court and becomes public. A trust is generally not a public court record.

Requires funding

A trust only controls assets titled in or assigned to it. A will controls probate assets by its terms.

Controls after death

Both direct how property passes after death — the trust through its terms, the will through probate.

Can be changed

A revocable trust can be amended; an irrevocable trust generally cannot. A will can be changed while you have capacity.

Key takeaway: A will is a set of instructions for the probate court. A living trust is a vehicle that can hold assets during life, manage them during incapacity, and pass them privately after death — but only the assets actually placed into it.

Reviewed for educational accuracy

Last reviewed: September 30, 2026 · Next scheduled review: March 2027

This article is educational information and is not legal advice. Laws vary by jurisdiction. No attorney has reviewed this material unless a named, licensed attorney is credited above.

Sources & References

This article was prepared using publicly available legal and government sources. Laws change, and readers should verify current rules in their jurisdiction.