Should You Get a Trust or a Will?
Compare trust and will trade-offs: probate path, signing rules, and what each leaves to your heirs.
Probate costs vary by state and typically include attorney fees, executor/personal representative fees, court filing fees, and appraisal costs. Some states like California and Florida use statutory fee schedules based on gross estate value, while others allow "reasonable" compensation determined by the court. On a $500,000 estate, total costs run $21,210 to $38,748 depending on the state, and a simple case takes 3-12 months. See exact numbers with our Probate Cost Calculator.
Each state sets a small estate threshold ($15,000 to $400,000) below which estates can skip full probate and use a simplified affidavit process. If your estate falls below this limit, a will with simplified probate may cost less overall than creating a trust. Above the threshold, probate fees — 4% to 8% of a $500,000 estate depending on the state — often exceed the one-time cost of setting up a trust. Check your state's threshold with our Probate Decision Tool.
Wills cost less to create — free to a few hundred dollars through online services — but the estate pays probate later, 4% to 8% of a $500,000 estate depending on the state. Attorney-prepared trusts cost more upfront, $1,960 to $8,085 depending on the state, and avoid probate entirely. Compare exact numbers with our Trust Cost Calculator and Will Cost Calculator.
Yes, trusts are portable. You can create a trust under any state's laws and it remains valid if you move. Many people choose Nevada or Delaware for their trusts due to favorable asset protection laws, no state income tax, and strong privacy protections. The trust situs (governing law) is independent of where you live.
Savings depend on your estate value and state. On a $500,000 estate, probate costs $21,210 to $38,748 in attorney fees, executor fees, and court costs. A trust avoids those costs entirely. On a $1 million estate, probate runs $41,460 to $77,012. The higher your estate value, the more a trust saves. A revocable trust preserves those savings for your heirs; SimplyTrust builds one online.
Is this your situation?
Get a complete guide for your specific circumstances.
New Home
How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.
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Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
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New Baby or Adoption
Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.
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Serious Diagnosis
A serious diagnosis changes priorities. Healthcare proxies, financial powers of attorney, and the documents that ensure your wishes are honored.
Learn moreForms for Planning Your Estate
Free forms for planning your estate: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Last Will and Testament
Name your heirs, guardians, and final wishes. Free for every state.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Transfer on Death Deed
Transfer real property to a beneficiary upon your death without probate. Available in 34 states and the District of Columbia.
Tools for Planning Your Estate
Free tools for planning your estate: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
How Do I Sign Estate Documents?
Find witness, notary, and remote signing requirements for all 50 states.
Will My Estate Documents Transfer?
Check if estate planning documents signed in one state are valid in another.
How Much Does a Revocable Living Trust Cost?
Compare revocable living trust costs across providers including online services and attorneys.
How Much Does a Will Cost?
Compare will costs across providers plus probate costs your heirs will pay.
How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
How Do I Name a Guardian for My Minor Children?
See how a parent names a guardian for their minor children, what weight the court gives your choice, and your options for temporary care.
