Do I Need a Trust?

Find out if a revocable living trust makes sense for your situation based on your state, estate value, and family.

Frequently Asked Questions

A revocable living trust is a legal document that holds your assets during your lifetime and distributes them to beneficiaries after death without going through probate. You maintain full control as the trustee and can modify or revoke the trust at any time. Learn more about how a revocable living trust works.

Several situations signal that a trust makes sense: you own real estate (especially in a state with expensive probate like California or Florida), your estate exceeds your state's small-estate threshold, you have minor children, a blended family, or beneficiaries with special needs. People who want privacy (probate is public) or who want a plan for incapacity (a trust provides for asset management if you cannot make decisions) also benefit. This tool asks a few questions about your state and situation to give you a specific answer.

A will and a trust serve different purposes. A will must go through probate, which is public and can take 6-18 months. A trust avoids probate entirely. Many families use both: a trust for major assets and a pour-over will as a safety net for anything not transferred to the trust. Use our Trust vs. Will comparison tool to see which is right for your situation.

Real estate is one of the strongest reasons to create a trust. Without a trust, your home must go through probate to transfer ownership. If you own property in multiple states, your heirs may face probate in each state. A trust avoids this entirely.

Probate costs 5% to 8% of the estate value in attorney fees, executor fees, and court costs depending on the state. On a $500,000 estate, that is $23,055-$41,437 your heirs pay out of pocket. Those are fees a revocable trust avoids — SimplyTrust builds one online in about 15 minutes.

Yes, a "pour-over will" works alongside your trust to catch any assets not transferred into the trust before death. Without one, those assets go through probate and distribute according to your state's intestacy laws instead of your wishes. Most trust packages include a pour-over will for this reason. You can create a free Pour-Over Will with our document builder.

Yes. SimplyTrust creates a revocable living trust that meets your state's execution requirements. The subscription includes unlimited updates for life events like marriage, divorce, or having children. The key is ensuring the trust is properly funded (assets are retitled into the trust name) after creation.

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