Wills vs. Trusts: Which Option Best Protects Your Assets?
Dec. 1, 2025
A will is a foundational document in estate planning that specifies how you want your property distributed after your death. It allows you to name beneficiaries, appoint an executor to manage your estate, and even designate guardians for minor children.
Under Los Angeles, California law, a valid will must be in writing, signed by the person creating it (the testator), and witnessed by at least two individuals.
A will becomes effective only upon death. Until that point, it has no legal authority. This means that your assets remain under your control during your lifetime, but their distribution after death must go through probate court.
They are generally less expensive to create and straightforward for people who have smaller estates or uncomplicated financial situations. However, a will alone may not offer the same level of privacy or control that some families desire. At Paul D. Cass, Attorney at Law, I work with individuals and families across California to help them understand how to protect what they have worked so hard to build.
Effective estate planning is not just about dividing property—it’s about creating a clear, enforceable plan that reflects your intentions, safeguards your loved ones, and minimizes stress when it matters most. Two of the most important tools in estate planning are wills and trusts. While both serve the purpose of distributing assets after death, they function very differently under California law. Understanding these differences can help you make decisions that best protect your assets and your family’s future.
How Trusts Function in Estate Planning
A trust is another powerful instrument in estate planning that can offer greater flexibility and privacy. A trust allows you (the grantor) to transfer ownership of assets into the trust during your lifetime. Those assets are then managed by a trustee for the benefit of your chosen beneficiaries.
One of the most common forms in California is the revocable living trust. This type of trust lets you retain full control of your assets while you are alive, with the ability to modify or revoke the trust at any time.
Upon your death, the assets held in the trust are distributed according to the terms you established—without the need for probate. This can save your heirs considerable time and expense while keeping your financial affairs private.
In contrast, an irrevocable trust can’t be changed once established, but it can provide tax advantages and creditor protection under certain circumstances. Both types of trusts are useful tools within estate planning, but the right choice depends on your goals, the size of your estate, and the kind of protection you want for your assets.
The Advantages of a Will
Wills still play an important part in estate planning, even for those who also establish trusts. They allow for clear directions regarding property that may not have been transferred into a trust and help address personal matters that a trust can’t handle, such as naming guardians for minor children.
Some benefits of a will under California estate planning law include:
Simplicity – Creating a will is often faster and less expensive than setting up a trust.
Control – You can specify exactly how your property should be distributed, down to sentimental items.
Guardianship – Wills allow you to name a guardian for your children, which is not something a trust can accomplish.
Backup for Trusts – Even when a trust exists, a “pour-over” will can be used to transfer any remaining assets into the trust at death.
These advantages make a will an important tool for anyone involved in estate planning, regardless of their financial situation.
The Advantages of a Trust
When I advise clients on estate planning, I often highlight that a trust offers benefits a will can’t provide. The most significant advantage is that trusts allow your estate to avoid probate entirely, provided all assets are properly transferred into the trust. This not only saves time and money but also keeps your estate private, as probate records are public in California.
Trusts also allow for greater control over how and when beneficiaries receive assets. For example, you can instruct the trustee to distribute funds gradually or upon specific life milestones, such as finishing college or reaching a certain age. This can be especially valuable when beneficiaries are minors or financially inexperienced.
Additionally, a trust can protect assets if you become incapacitated. Instead of requiring a court-appointed conservator, the trustee you have named can step in to manage your affairs according to your instructions. This provides a level of stability that a will alone can’t achieve within an estate planning structure.
Comparing Wills and Trusts Under California Law
When comparing wills and trusts, it’s important to understand how California law treats each. Wills must go through probate, while trusts don’t, assuming they are properly funded.
Probate can take months or even years, depending on the size of the estate and whether disputes arise. Trust administration, by contrast, generally happens privately and more quickly.
However, establishing a trust requires more effort up front. You must transfer assets—such as real estate, bank accounts, and investments—into the trust for it to be effective. If assets remain outside the trust, they may still go through probate unless addressed by a will.
Under estate planning principles, it’s often advisable to use both a will and a trust in combination. The trust manages the majority of your assets and avoids probate, while the will provides backup instructions for any property not included in the trust.
When a Will Might Be Sufficient
There are situations where a will may be the better fit for your estate planning needs. For example, if you have a modest estate, minimal real property, or straightforward distribution wishes, a will can efficiently achieve your goals.
A will can also be easier to update over time. While revocable trusts are flexible, they require amendments and careful recordkeeping to remain effective. In contrast, revising a will can often be done quickly through a codicil or a newly executed document.
However, if privacy or the avoidance of probate is a concern, relying solely on a will may not provide the level of protection you desire for your assets or your family.
When a Trust Offers Greater Protection
Trusts are particularly valuable in estate planning when privacy, efficiency, or control are priorities. For families who own property in multiple states, a trust can prevent the need for separate probate proceedings in each jurisdiction.
A trust also offers more control over long-term asset management. If you have children from a previous marriage, a trust can specify exactly how assets should be distributed, ensuring fairness while protecting the interests of all beneficiaries.
Additionally, a trust can reduce family disputes. Because trust administration happens outside the courtroom, it minimizes opportunities for litigation and public challenges.
The Costs and Maintenance of Each Option
One factor many people overlook in estate planning is the cost of maintaining their estate plan. A will generally costs less to prepare initially, but probate can lead to significant expenses later, including court fees, legal costs, and delays.
A trust, on the other hand, may require a higher upfront investment in time and money but often saves the estate far more in the long term. Regular maintenance is essential to keep the trust current, especially after major life events such as marriage, divorce, or the acquisition of new assets.
In estate planning, the goal is not just to create documents but to keep them aligned with your life and your intentions. Regular reviews help prevent unintended outcomes and make sure your assets are protected.
How I Help Clients Choose Between a Will and a Trust
At Paul D. Cass, Attorney at Law, I take a personalized approach to estate planning. I begin by discussing a client’s goals, family dynamics, and the types of assets they hold. This allows me to recommend whether a will, a trust, or a combination of both will provide the best protection.
Some clients prefer the straightforward nature of a will, while others benefit from the flexibility and privacy of a trust. Many end up using both—a trust for significant assets and a will as a safety net.
The key is to understand that effective estate planning is not one-size-fits-all. It should reflect your personal and financial circumstances under California law.
Key Questions to Ask Yourself When Choosing
When deciding between a will and a trust as part of your estate planning, consider the following questions:
Do you want your estate to avoid probate?
Is privacy a major concern for your family?
Do you own property in more than one state?
Do you want to control how and when beneficiaries receive assets?
Are you concerned about managing assets if you become incapacitated?
What is the overall value and intricacies of your estate?
How comfortable are you with ongoing maintenance of your estate plan?
Your answers to these questions can guide whether a will, a trust, or both will best serve your needs.
Plan Out Your Legacy Today
At Paul D. Cass, Attorney at Law, I view estate planning as one of the most important investments you can make in your future and your family’s security. The choice between a will and a trust is not just a legal question—it’s a personal one that depends on your goals, priorities, and circumstances.
Both tools serve essential functions within estate planning, and each offers unique benefits. A will provides simplicity and control, while a trust delivers privacy, efficiency, and flexibility. For many Californians, the most effective strategy combines both.
By taking the time to create a thoughtful estate planning strategy, you can protect your assets, preserve your legacy, and give your loved ones the clarity and stability they deserve.
Whether you choose a will, a trust, or both, the key is to act now so your wishes are honored, and your estate remains secure under California estate planning law.
I’m proud to serve Los Angeles, California, and the surrounding areas of Burbank, Inglewood, Glendale, Pasadena, and throughout Los Angeles County, Orange County, Riverside County, and San Diego County.