Wills, Trusts, and Probate
Plain English
A will says who gets what after you die, but it generally still goes through a court process called probate. A trust can transfer assets outside of probate, but it has to actually be funded (assets retitled into it) to work.
What is it?
A will is a legal document directing how a person's assets should be distributed after death and often naming guardians for minor children. Probate is the court-supervised process of validating a will (or applying state law if there isn't one) and administering the estate. A trust is a legal arrangement in which a trustee holds assets for beneficiaries, which can often pass assets outside of probate — but only for assets actually transferred into it.
Why does it matter?
Dying without a will ("intestate") means state law — not personal wishes — determines who inherits, which often surprises people. Understanding the difference between a will and a trust clarifies why simply writing a will doesn't necessarily avoid probate.
How does it work?
These are legal instruments that must be properly drafted and, in many cases, executed with specific formalities (witnesses, notarization) to be valid — requirements vary by state.
Risks and limitations
An unfunded trust (assets never retitled into it) provides none of its intended probate-avoidance benefit for those assets. Estate planning documents should be prepared or reviewed by an appropriately qualified, licensed legal professional in your jurisdiction — this lesson is educational, not a substitute for that review.
Questions to ask a professional
Do I have a current will? If I have a trust, have my relevant assets actually been retitled into it? What happens to my minor children's guardianship if I don't specify it?