Will or Trust?

Part 1

What a will does

A will is a written document that says who receives your property and names an executor to carry out your wishes. In California, a typical will must be signed and witnessed by at least two people.¹ A will written and signed entirely in your own handwriting can also be valid, even without witnesses.²

A will only takes effect when you die. Property that passes under it usually goes through probate, the court process for settling an estate.

No will at all? California law decides who inherits, starting with your spouse and children.³ That may not match what you would have chosen.

Part 2

What a living trust does

A living trust (also called a revocable trust) is an arrangement where you move your property into a trust while you're alive. You usually serve as your own trustee and keep full control. In California, a trust can be changed or cancelled unless the document says it's irrevocable.⁵

You name a successor trustee to take over if you become unable to manage things or when you die. Property held in the trust can then pass to your heirs without going through probate.

The step people miss: a trust only controls what's actually in it. Your home and accounts need to be retitled into the trust's name. This is often called "funding" the trust.

Part 3

Side by side

	Will	Living trust
Avoids probate?	No, for property that passes under it	Yes, for property in the trust
Private?	Becomes part of the court file if probated	Generally stays out of court
Helps if you can't manage your affairs?	No, it only works at death	Yes, your successor trustee can step in
Names a guardian for minor children?	Yes⁴	No, so you still need a will
Up-front cost and effort	Usually lower	Usually higher, plus retitling assets
Can you change it?	Yes, any time	Yes, if revocable⁵

Part 4

How families decide

There's no single right answer. These questions usually point the way:

Do you own a home or other real estate in California?

Homes are a common reason families choose a trust, because a house in your name alone often means probate. See what probate can cost.

Do you have young children?

You need a will to nominate a guardian, even if you also have a trust.

Would someone need to manage your money if you got sick?

A trust (along with a power of attorney) can make that easier.

Is most of what you own already set to pass directly?

Retirement accounts, life insurance and accounts with named beneficiaries skip probate either way. For a smaller estate, a will plus up-to-date beneficiaries may be enough.

Whatever you choose, have it prepared by a licensed California estate planning attorney, and review it after major life changes like marriage, divorce, a new child, or a move.

Not sure which fits your family?

A short conversation can help you sort out your goals and what to bring to an estate planning attorney.

Book a time with Kevin Kevin is not an attorney. Wills and trusts should be prepared by a licensed California estate planning attorney.

Keep reading

Sources

California Probate Code §6110 (signing and witnessing a will). Accessed November 9, 2026.
California Probate Code §6111 (handwritten, or "holographic," wills). Accessed November 9, 2026.
California Probate Code §6401 and following (who inherits without a will). Accessed November 9, 2026.
California Probate Code §1500 (a parent may nominate a guardian for a minor child). Accessed November 9, 2026.
California Probate Code §15400 (trusts are revocable unless expressly made irrevocable). Accessed November 9, 2026.