If you've started thinking about estate planning, you've probably run into the same first question everyone does: do I need a will or a trust? Both documents direct where your property goes—but they work very differently, and the right answer depends on your family, your assets, and what you want the process to look like for the people you leave behind.
What a Will Does
A last will and testament is a set of instructions that takes effect when you die. It names who inherits your property, who administers your estate (your personal representative), and—critically for parents—who you want to raise your minor children.
What many people don't realize: a will does not avoid probate. In Michigan, a will is essentially a letter to the probate court. Your family still files it with the court, and the estate goes through the probate process—typically six months to a year for a straightforward estate—before assets are distributed.
What a Revocable Living Trust Does
A revocable living trust is a legal container you create during your lifetime. You transfer your assets into it, you remain in full control as trustee, and you can change or revoke it at any time. When you die, your successor trustee distributes the assets according to your instructions—no probate court involved.
A trust also covers something a will can't: incapacity. If illness or injury leaves you unable to manage your affairs, your successor trustee steps in seamlessly, without a court-appointed conservator.
The Key Differences at a Glance
- Probate: A will goes through probate; a funded trust avoids it.
- Privacy: Probate files are public record. A trust stays private.
- Incapacity: A will does nothing during your lifetime; a trust plans for it.
- Cost and timing: A will is cheaper to create but costs your family time and money in probate. A trust costs more upfront and saves the expense later.
- Guardianship: Only a will can nominate a guardian for minor children—which is why trust-based plans still include a will.
When a Will Alone May Be Enough
A will-based plan can be a reasonable fit if your estate is simple: modest assets, no real estate (or real estate handled by a Lady Bird deed), and beneficiary designations covering your major accounts. Michigan also offers a simplified probate process for small estates, which softens the downside for very modest estates.
When a Trust Is Worth Considering
A trust tends to earn its keep when any of these apply:
- You own real estate—especially in more than one state
- You have minor children and want assets managed until they're older
- You have a blended family and want certainty about who receives what
- You want to keep your affairs private and out of court
- You want control over how and when beneficiaries receive assets, not just who gets them
The Real Answer: Usually Both, Properly Funded
Most trust-based plans include a "pour-over" will as a safety net and a guardian nomination, plus powers of attorney and healthcare directives. And a trust only works if it's funded—your assets must actually be retitled into it. An unfunded trust is one of the most common (and most avoidable) estate planning failures we see.
The decision is less about picking a document and more about designing the outcome you want for your family. That's exactly what an initial planning conversation is for.