What a will does
A will states who receives your property, names an executor, and can nominate guardians for minor children. It only takes effect after death.
A will generally must go through probate — the public court process that validates the will and oversees distributing the estate, which can take many months.
What a living trust does
A revocable living trust holds your assets during your life and passes them to your beneficiaries after death — generally without probate. You stay in control of everything while you're alive and can change it any time.
Avoiding probate can save your family significant time and cost, which is why trusts are popular in higher-value California counties.
How to decide
As a general rule, people who own real estate or have larger estates often benefit from a living trust to avoid probate, while a will may be enough for simpler situations. Many people have both — a trust plus a 'pour-over' will that catches anything not in the trust.
Which is right for you is a personal and legal decision. We can't advise which to choose, but once you decide, we prepare the documents accurately.
Don't forget a health care directive and power of attorney
A complete estate plan usually also includes an Advance Health Care Directive (who makes medical decisions if you can't) and a Power of Attorney (who handles finances). These work alongside a will or trust.
We can prepare these together with your will or trust so your plan is complete.
Ready to start? We prepare Living Trust Documents at your direction — at a flat price quoted up front.
Frequently Asked Questions
Is a living trust always better than a will?
Not always — it depends on your assets and goals. A trust avoids probate but takes more to set up and 'fund'; a will is simpler but goes through probate. The right choice is personal, and we prepare whichever you direct.
What does it mean to 'fund' a trust?
Funding means transferring your assets — like retitling real estate with a trust-transfer deed — into the trust's name. A trust only avoids probate for assets actually placed in it. We can prepare the trust transfer deed for real property.
California Legal Document Excellence, LLC is not a law firm and does not provide legal advice or legal representation.