What’s the Difference Between a Will and a Trust?
A Last Will and Testament outlines how your assets are distributed after death and allows you to name guardians for minor children. Wills are an essential planning tool, but they generally require probate, a court-supervised process that can take time and become public record.
A Trust, most commonly a revocable living trust, holds assets during your lifetime and after death. Assets properly held in a trust typically avoid probate, allowing for faster, more private distribution under the terms you set.
Both tools play important roles, and many estate plans use
a combination of wills and trusts.
Why Many Californians Choose Trust-Based Planning
Living trusts offer several advantages, especially for families and property owners in California:
Avoid probate, saving time and court costs
Maintain privacy, since trust administration is not public
Provide continuity, allowing management during incapacity
Control distributions, such as delaying inheritance for young beneficiaries
Flexibility, as revocable trusts can be updated during your lifetime
For example, a trust can provide structured financial support for children until they reach a responsible age, rather than distributing assets all at once.
Creating the Trust Is Only Step One
A trust only works if assets are properly transferred into it. This process, known as trust funding, includes retitling real estate, updating accounts, and aligning beneficiary designations.
Clavel Law assists clients with this critical step to ensure the trust functions as intended. Proper funding helps prevent issues that can otherwise force families into probate later.
Situations Where a Will Alone May Suffice
For individuals with smaller estates or very simple wishes, a will may be appropriate. Even in trust-based plans, a pour-over will is included to capture any assets that were not transferred into the trust and direct them according to the trust’s terms.
We help you understand when a will is sufficient — and when additional planning offers better protection.
Thoughtful Planning, Clear Guidance
Clavel Law has prepared hundreds of wills and trusts for California families. We take the time to explain each option clearly, answer your questions, and ensure your plan reflects your wishes — not a generic template.
You’ll receive practical advice, transparent pricing, and documents designed to stand up over time.
