What Is the Difference?
Last Will & Testament
A legal document that states who receives your property, who will care for your minor children, and who will carry out your wishes (your executor). A will takes effect only after you pass away, and in California it usually must go through probate court before your property is distributed.
Revocable Living Trust
A legal arrangement that holds your home, accounts, and other assets while you are living. You stay in control as trustee and can change it anytime. When you pass away, your chosen successor trustee transfers everything to your loved ones privately, without probate court.
How a Trust Protects Your Family
Without a Trust
Maria owns a home in Los Angeles County and has only a will. When she passes away, her family must go through probate court before they can sell or transfer the house.
Probate in California commonly takes 12 to 18 months or longer
Court and attorney fees are set by law and paid from the estate, often tens of thousands of dollars
Court filings are public record, so anyone can see what she owned
With a Trust
Maria places her home in a living trust and names her daughter as successor trustee. When Maria passes away, her daughter steps in right away.
No probate court, so the home transfers in weeks, not years
More of Maria’s money stays with her family instead of going to fees
Everything stays private, and if Maria becomes ill, her daughter can manage her affairs without a court conservatorship
What Holds Up and What Doesn’t
✅ Holds Up
A signed will witnessed by two adults who are not beneficiaries
A handwritten (holographic) will, if the key terms are in your own handwriting and it is signed
A properly signed and notarized trust, with your property actually transferred into it
❌ Often Doesn’t
Verbal promises like “Mom said the house is mine”
An unsigned or improperly witnessed will
A trust that was signed but never funded, which can still send property to probate
Outdated documents that don’t reflect a marriage, divorce, or new child
Affordable Estate Planning
Peace of mind shouldn’t cost a fortune. Both are prepared and backed by licensed attorneys.
Will
Name your beneficiaries, a guardian for minor children, and your executor.
Living Trust
Avoid probate, keep your affairs private, and pass your home and assets directly to your family.
Trust and will services are provided independently of insurance products. You are never required to purchase insurance or an annuity to use these services, and no insurance product will be recommended as part of your estate planning. Trust and will documents are prepared and reviewed by licensed attorneys. Sonia Pilar Burke is not an attorney and does not provide legal or tax advice. Information on this page is general and not a substitute for advice from an attorney about your situation.