When it comes to estate planning in California, one of the most common and important questions individuals face is: “Do I need a will, a trust, or both for my estate ?” The answer depends largely on your personal circumstances, the nature and size of your estate, and your long-term goals. While both a will and a trust serve the purpose of distributing your assets after death, they differ significantly in structure, legal effect, and the level of control they offer. Understanding the difference is the first step toward making an informed decision about your estate plan.

Types of Trusts: Will & Family Trust (Revocable Living Trust)

What is a Will?

A will, formally known as a “last will and testament,” is a legal document that allows you to state who should receive your assets after your death. In California, a valid will must meet certain requirements set forth in Probate Code § 6110, including being in writing, signed by the testator, and witnessed by at least two individuals. A will also enables you to appoint a guardian for minor children and to name an executor who will manage your estate. However, it is important to note that a will only becomes effective upon your death and must go through probate, which is the court-supervised process of validating the will and administering the estate. Probate in California can be time-consuming and expensive, often taking many months or even years to complete, and it becomes part of the public record.

What Is a Family Trust (Revocable Living Trust)?

By contrast, a family trust, more formally referred to as a revocable living trust, is a legal arrangement where your assets are placed into a trust during your lifetime and managed by a trustee. You can act as your own trustee while you are alive and competent, and you name a successor trustee to take over upon your death or incapacity. Unlike a will, a trust becomes effective as soon as it is created and funded, meaning the trust actually owns your property. California law governing trusts is set out in the Probate Code beginning at Section 15000. One of the primary advantages of a living trust is that it avoids probate entirely, allowing for a faster, private, and more efficient distribution of assets. Trusts also provide for incapacity planning—if you become unable to manage your affairs, your successor trustee can step in without court intervention.

While a will is generally easier and less expensive to create initially, it offers limited flexibility and can result in greater costs and delays down the road due to probate. On the other hand, a living trust requires more upfront planning, including transferring ownership of assets into the trust. This process, known as “funding the trust,” is essential to ensuring the trust works as intended. Although more complex, a trust provides more control over how and when your beneficiaries receive their inheritance, and it is more difficult to contest in court than a will.

What About Irrevocable Trusts?

A revocable living trust in California becomes irrevocable most commonly upon the death of the person who created it, known as the trustor or settlor. While the trustor is alive and has mental capacity, they retain full control over the trust. This means they can amend, revoke, or completely rewrite the trust, as well as transfer assets in or out of it at will. The flexibility of a revocable trust is one of its main advantages during the trustor's lifetime.

However, this control ends at death. At that point, the trust typically becomes an irrevocable trust . Once a trust becomes irrevocable, the terms are locked in. That means beneficiaries, distributions, and asset control are fixed, and the trustee must follow the instructions without alteration—unless a court permits otherwise. It's critical to get the terms right during the revocable phase, because once you pass away, your family or beneficiaries can't fix mistakes later without legal hurdles.

Main Differences Between Revocable Trust & Will at a Glance

• Goes into effect

  • Will: At death

  • Family Trust: Immediately upon signing

• Requires probate?

  • Will: Yes

  • Family Trust: No

• Public or private?

  • Will: Public court record

  • Family Trust: Private

• Incapacity protection?

  • Will: No

  • Family Trust: Yes

• Controls distribution?

  • Will: Basic

  • Family Trust: Highly customizable

• Names guardian for children?

  • Will: Yes

  • Family Trust: No (must also create a will)

• Used to avoid estate tax?

  • Will: No (estate tax planning requires additional tools)

  • Family Trust: Possibly, with additional planning

So Which One Is Right for You?

In deciding estate planning between a will and a trust, your specific circumstances matter. A will might be sufficient if your estate is a small estate —under $184,500 in gross value, per Probate Code § 13100—and if you don't own real estate. It can also be appropriate if your main concern is naming guardians for minor children, which a trust cannot do. However, if you own real estate in California, have substantial assets, or want to avoid the delays and costs of probate, a trust is often the better fit. It is especially valuable if you want to ensure privacy, avoid court intervention, or provide detailed instructions for how your assets should be used or protected over time.

Do I Need Both a Will and a Trust?

In many cases, the best approach is to have both a will and a trust. Even when a trust is the central estate planning tool, it should be accompanied by a simple “pour-over will.” This type of will serves as a safety net to transfer any assets not titled in the trust at the time of death into the trust. In addition, the only way to legally nominate guardians for minor children in California is through a will, which makes it an essential component for parents regardless of the trust structure.

Ultimately, California's estate planning laws offer flexibility, but the most effective plan is one that is tailored to your goals and your family's needs. Choosing between a trust and a will—or deciding how to structure both—requires thoughtful planning and a clear understanding of the legal consequences. A qualified estate planning attorney can help you evaluate your assets, anticipate potential challenges, and create a plan that protects your wishes both during your lifetime and after your death.

Final Thoughts & Tips

If you're unsure which estate planning approach is right for you, we invite you to schedule a consultation. Whether you're starting from scratch or updating an existing plan, we're here to help you make informed decisions and protect what matters most.

Special Exceptions

While many people can benefit from a basic will or a revocable living trust, there are several exceptions and special cases where more complex estate planning may be necessary. These situations often involve unique family dynamics, high-value assets, or specific long-term goals that go beyond the scope of standard documents. In such cases, working with an experienced estate planning attorney is especially important to ensure the plan is legally sound and tailored to the individual's needs.

For example, individuals with blended families or own property from a previous marriage—such as those with children and assets from previous relationships—may require specialized planning to ensure that both a current spouse and children from a prior marriage are protected and provided for. Because estate planning is not one-size-fits-all, it's essential to speak with a qualified attorney who can assess your full financial and family picture.

Ready to Plan Ahead & Start Your Estate Planning ?

If you're wondering whether a family trust or a will is right for you, let's talk. We offer customized estate planning services designed to give you peace of mind and protect what matters most.

Schedule a consultation today to get started with your plan.

We also assist with questions regarding power of attorney, special needs trust, probate court, executor or trustee, heirs, and other common questions on estate planning strategies.