Do I Need a Trust or Just a Will? A Glendale Attorney Explains

One of the most common questions I hear in my Glendale estate planning practice is: "Do I really need a living trust, or is a simple will enough?" It's an excellent question, and the answer isn't the same for everyone. While estate planning attorneys often recommend trusts, the truth is that not every California family needs one.

As someone who has prepared hundreds of estate plans and also litigated probate cases throughout Los Angeles County, I've seen both the benefits of well-structured trusts and the consequences of relying solely on wills when a trust would have been more appropriate. In this comprehensive guide, I'll help you understand the key differences between trusts and wills, when each makes sense, and how to make the right choice for your family's situation.

Understanding the Basics: What Is a Will?

A will (sometimes called a "last will and testament") is a legal document that states what you want to happen to your property after you die. In your will, you can:

• Name beneficiaries who will inherit your assets
• Designate a guardian for minor children
• Appoint an executor to handle your estate
• Specify funeral and burial wishes
• Make specific gifts to individuals or charities

Wills are relatively straightforward and less expensive to create than trusts. However, they come with a significant limitation: any assets passing through a will must go through probate court.

What Happens When You Have Only a Will

When someone dies with a will in California, their estate typically must go through probate—a court-supervised process where:

1. The will is validated by the court
2. An executor is officially appointed
3. Creditors are notified and given time to file claims
4. Assets are inventoried and appraised
5. Debts and taxes are paid
6. Remaining assets are distributed to beneficiaries

This process is public record, can take 12-18 months (or longer in Los Angeles County), and involves court fees and attorney costs that typically amount to 4-8% of the estate's value.

Understanding the Basics: What Is a Living Trust?

A revocable living trust is a legal entity you create during your lifetime to hold and manage your assets. Here's how it works:

• You (the "grantor" or "settlor") create the trust document
• You transfer ownership of your assets into the trust
• You typically serve as your own trustee, maintaining full control
• You name successor trustees to manage the trust if you become incapacitated or die
• You designate beneficiaries who will receive the assets after your death
• You can modify or revoke the trust at any time while you're alive and competent

The key advantage: assets held in a properly funded living trust avoid probate entirely.

What Happens When You Have a Living Trust

When someone dies with a properly funded living trust:

1. The successor trustee steps in (no court appointment needed)
2. The trustee manages the trust according to its terms
3. Debts and taxes are paid from trust assets
4. Assets are distributed to beneficiaries—typically within weeks or months
5. The process remains private (no public court filings)
6. No probate court involvement or fees

Key Term: A "revocable" living trust means you can change or cancel it anytime. An "irrevocable" trust cannot be changed once created and is used for specialized planning like asset protection or tax planning.

Trust vs. Will: Side-by-Side Comparison

Here's how trusts and wills compare on the factors that matter most:

Factor	Will Only	Living Trust
Probate Required	Yes (12-18+ months)	No (weeks to months)
Privacy	Public court record	Private, no court filings
Cost to Create	$500-1,500	$2,000-4,000+
Probate Costs	4-8% of estate value	None
Time to Distribute Assets	12-18+ months	4-8 weeks typically
Court Supervision	Required	None
Incapacity Planning	No (needs separate POA)	Yes, automatic
Guardian Nomination	Yes	Requires separate will
Minor Children Provisions	Limited	More flexible options
Real Estate in Multiple States	Probate in each state	One trust covers all
Asset Protection	None	Limited (irrevocable trusts provide more)
Complexity	Simple	More complex setup
Ongoing Maintenance	None	Must fund trust properly

When a Will Alone May Be Sufficient

Despite the advantages of trusts, there are situations where a simple will is appropriate:

1. Your Estate Is Very Small

If your total estate value is under $184,500 (California's 2025 small estate threshold), your heirs may be able to use simplified procedures to transfer assets without formal probate. In this case, an expensive trust may not be necessary.

2. You're Young with Few Assets

If you're in your 20s or 30s with minimal assets—perhaps a modest bank account, some personal property, and a car—a will may be sufficient for now. You can always create a trust later as your financial situation improves.

3. You Have No Real Estate

Real estate is the primary asset type that makes probate expensive and time-consuming. If you don't own real property and don't expect to inherit any, probate may be less burdensome.

4. You Have Effective Will Substitutes

Some assets pass outside of probate regardless of your will or trust:

• Retirement accounts (IRA, 401(k)) with designated beneficiaries
• Life insurance policies with named beneficiaries
• Bank accounts with payable-on-death (POD) designations
• Investment accounts with transfer-on-death (TOD) designations
• Real estate with joint tenancy or community property with right of survivorship

If substantially all your assets pass through these mechanisms, probate may not be an issue even without a trust.

Important: Relying solely on beneficiary designations has risks. Beneficiaries may predecease you, divorce situations can complicate matters, and there's no backup plan if designations aren't updated. A comprehensive estate plan addresses these contingencies.

When You Should Strongly Consider a Trust

Based on my experience as a Glendale estate planning attorney, I recommend living trusts in these situations:

1. You Own Real Estate in California

This is the #1 reason to have a trust. California probate is particularly expensive and time-consuming for real estate. If you own a home in Glendale, Burbank, Pasadena, or anywhere else in California, a trust will save your family significant time, money, and stress.

Real-world example: A client came to me after her mother died with only a will and a house in Glendale valued at $800,000. The probate process took 16 months and cost approximately $40,000 in court fees and attorney costs—money that could have gone to the beneficiaries if her mother had established a trust.

2. Your Estate Exceeds $500,000

While the small estate threshold is $184,500, I generally recommend trusts for estates over $500,000. At this value, probate costs become substantial enough that the trust pays for itself many times over.

3. You Own Property in Multiple States

If you own real estate in California and another state (a vacation home, rental property, or family cabin), your heirs would face probate proceedings in each state. A trust avoids this entirely—one trust can hold property in all 50 states.

4. You Want Privacy

Probate is a public process. Anyone can access court records to see what assets you owned, who inherited them, and family disputes about the estate. Trusts remain private—only the parties directly involved know the details.

This privacy is particularly important for:

• Business owners who don't want competitors knowing their financial details
• Families with complex dynamics or potential disputes
• Individuals who value privacy for personal or security reasons

5. You Have Minor Children

While wills can nominate guardians for minor children, trusts offer much more flexibility in managing assets for their benefit:

• Create separate sub-trusts for each child
• Set specific age milestones for distributions (1/3 at 25, 1/3 at 30, 1/3 at 35)
• Provide for education expenses before full distribution
• Protect inheritance from a child's divorce or creditors
• Establish terms if a child has substance abuse or financial management issues

6. You Have a Blended Family

If you've been married more than once or have children from a previous relationship, trusts provide much better control over how assets are distributed. You can ensure your current spouse is provided for while guaranteeing your children from a prior marriage ultimately inherit your assets.

7. You Have a Beneficiary with Special Needs

If you have a child or other beneficiary receiving SSI or Medi-Cal benefits, leaving them an inheritance directly could disqualify them from these crucial benefits. A special needs trust preserves their eligibility while supplementing their care.

8. You Want Incapacity Protection

One often-overlooked advantage of trusts: they provide seamless management if you become incapacitated. Your successor trustee can step in immediately to manage trust assets without court proceedings.

With only a will and a power of attorney, there may be gaps in authority or resistance from financial institutions. A trust avoids these problems entirely.

Planning Tip: Many families do what I call "hybrid planning"—they create a revocable living trust for major assets like real estate and investment accounts, but also maintain a simple "pour-over will" that transfers any forgotten assets into the trust after death.

Common Misconceptions About Trusts

Myth #1: "Trusts Are Only for Wealthy People"

Reality: While trusts were historically used by wealthy families, today they're beneficial for middle-class Californians who own a home. With median home prices in Glendale exceeding $900,000, most homeowners have estates large enough to benefit from trust planning.

Myth #2: "I'll Lose Control of My Assets"

Reality: With a revocable living trust, you maintain complete control. You can buy, sell, refinance, or give away assets as you wish. You're typically the trustee, so you manage everything exactly as before.

Myth #3: "My Spouse Will Automatically Inherit Everything"

Reality: California community property laws give your spouse rights to community property, but separate property doesn't automatically go to your spouse without proper planning. A trust or will is necessary to direct how assets pass.

Myth #4: "Creating a Trust Is Extremely Complicated"

Reality: While trusts involve more paperwork than wills, an experienced estate planning attorney makes the process straightforward. Most clients complete their trust in 2-4 weeks with just a couple of meetings.

Myth #5: "A Trust Protects Assets from Creditors"

Reality: A revocable living trust provides no asset protection during your lifetime since you control it. However, irrevocable trusts can provide asset protection, and properly structured trusts can protect beneficiaries' inheritances from their creditors.

The Real Cost Comparison

Let's look at actual numbers for a typical Glendale family:

Scenario: Estate Worth $850,000 (Glendale Home + Retirement Accounts)

Will-Only Approach:

• Cost to prepare will: $1,000
• Probate attorney fees (4% of $850,000): $34,000
• Probate court costs: $5,000
• Total Cost: $40,000
• Timeline: 12-18 months
• Public record: Yes

Living Trust Approach:

• Cost to prepare trust: $3,500
• Trust administration after death (non-probate): $3,000-5,000
• Total Cost: $6,500-8,500
• Timeline: 4-8 weeks
• Public record: No

Savings with Trust: $31,500-33,500

This analysis assumes statutory attorney fees. Some probate cases cost even more due to complications, disputes, or difficult assets.

What About Online/DIY Trusts?

You've probably seen advertisements for online trust services or software that promises to create a trust for a few hundred dollars. As someone who has litigated cases involving failed DIY estate plans, I urge caution.

Problems I've Seen with DIY Trusts:

1. Improperly drafted provisions that don't accomplish the client's goals
2. Missing or incorrect legal language that creates ambiguities (leading to litigation)
3. Trusts never properly funded (assets not transferred into the trust)
4. Failure to coordinate with beneficiary designations (creating conflicts)
5. No consideration of tax implications
6. Provisions that don't comply with California law

A DIY trust might save money upfront, but if it fails to work properly, your family pays far more in litigation costs, additional probate expenses, and stress.

Case Study: I recently represented beneficiaries in a case where the decedent used an online service to create a trust. The trust document had contradictory provisions about who would inherit the family home. The resulting litigation cost over $80,000 in attorney fees and took two years to resolve—far more than a properly drafted trust would have cost.

California-Specific Considerations

Several California laws affect the trust vs. will decision:

Proposition 19 (2020)

California's Proposition 19 changed property tax reassessment rules for inherited property. Understanding these rules is critical when deciding how to structure your estate plan. A knowledgeable California estate planning attorney can help you navigate these changes.

Community Property State

California is a community property state, meaning assets acquired during marriage are generally owned 50/50 by both spouses. Your estate plan must properly address both community and separate property. Trusts offer more flexibility in handling these different property types.

Creditor Claims Period

California law requires a creditor claims period even for trust administration, but the process is much simpler outside of probate. Proper trust administration by an experienced attorney ensures creditors are properly notified without court involvement.

The Estate Planning Process: What to Expect

If you decide to move forward with trust-based planning, here's what the process typically looks like:

Initial Consultation (60-90 minutes)

We'll discuss:

• Your family situation and goals
• Assets you own and how they're titled
• Beneficiaries and any special circumstances
• Your concerns about incapacity or death
• Tax planning considerations (if applicable)
• Timeline and costs

Document Preparation (1-2 weeks)

Your attorney will draft:

• Revocable living trust
• Pour-over will
• Durable power of attorney for finances
• Advance healthcare directive
• HIPAA authorization

Signing Appointment (60-90 minutes)

We'll review each document, answer questions, and have you sign with proper witnesses and notarization.

Funding the Trust (Ongoing)

This is the most critical step—actually transferring assets into the trust:

• Real estate: Recording new deeds
• Bank accounts: Retitling accounts or changing beneficiaries
• Investment accounts: Working with advisors to retitle
• Business interests: Assigning to the trust

Many families complete the initial funding in 2-4 weeks, but it's an ongoing process as you acquire new assets.

Frequently Asked Questions

Can I have both a will and a trust?

Yes, and most people should. Even with a trust, you need a "pour-over will" that transfers any assets you forgot to put in the trust. The will also names guardians for minor children.

What happens if I don't update my trust?

Life changes—births, deaths, marriages, divorces—should trigger trust updates. An outdated trust may not reflect your current wishes or family situation. I recommend reviewing your estate plan every 3-5 years or after major life events.

Do I need a trust if I'm not married?

Yes, unmarried individuals often benefit more from trusts because they don't have automatic inheritance rights that married couples enjoy. Proper planning is even more critical.

What if I move to another state?

Most trusts are valid across state lines, but you should have an attorney in your new state review the trust to ensure it complies with local laws and takes advantage of that state's specific benefits.

Can I create a trust if I have debt?

Yes. Creating a trust doesn't eliminate debt, but it ensures your estate is administered efficiently to pay creditors and distribute remaining assets to beneficiaries.

How do I choose a successor trustee?

Choose someone who is:

• Trustworthy and responsible with finances
• Able to follow instructions (the trust document)
• Willing to serve (ask them first!)
• Capable of handling potential family dynamics

Many people choose adult children, siblings, or professional trustees (banks or trust companies).

Making Your Decision

The trust vs. will decision ultimately depends on your specific circumstances:

You might be fine with a will if:

• Your estate is under $200,000
• You don't own real estate
• You're young with few assets
• Most assets pass through beneficiary designations

You should seriously consider a trust if:

• You own real estate in California
• Your estate exceeds $500,000
• You have minor children or a blended family
• You value privacy
• You want seamless incapacity planning
• You own property in multiple states

As a Glendale estate planning attorney who has both created trusts and litigated probate cases, I can tell you that families with well-structured trusts consistently have easier, faster, less expensive, and less stressful experiences after a loved one's death.

Next Steps: Getting Professional Guidance

Estate planning is not one-size-fits-all. The right approach for your neighbor may not be right for you. That's why a personalized consultation is so valuable.

During a free consultation at my Glendale office, I will:

• Review your specific assets and family situation
• Explain which approach makes sense for you
• Answer all your questions about trusts, wills, and probate
• Provide a clear cost estimate
• Outline the timeline and process
• Help you understand California-specific considerations

Don't put off this important decision. Every day without a proper estate plan puts your family at risk of unnecessary costs, delays, and stress.

Schedule your free estate planning consultation today. Call (818) 291-6217 or visit our contact page to get started.

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About the Author

Rozsa Gyene is a California attorney (State Bar No. 208356) specializing in estate planning, trust litigation, probate, and conservatorship matters. With offices in Glendale, Rozsa serves families throughout Los Angeles County, including Burbank, Pasadena, La Cañada Flintridge, and surrounding communities. She combines deep legal expertise with a practical, client-centered approach to help families protect their legacies.

Related Articles:

• 10 Warning Signs Your Trustee Is Stealing From the Trust
• How to Avoid Probate in California: 5 Proven Strategies
• 7 Estate Planning Mistakes That Could Cost Your Family Thousands

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Disclaimer: This article provides general information about estate planning in California and should not be construed as legal advice. Every family's situation is unique, and proper estate planning requires personalized analysis by a qualified attorney. California laws change regularly, and this article reflects laws in effect as of January 2025.