Do I Need a Will or Trust? | Utah Attorney Explains

Estate Planning Essentials

Trusts vs. Wills: What’s the Difference and Which One Should You Use?

By Justin J. Wall, Esq.

Trusts & Estates Attorney

Utah and Arizona

When it comes to estate planning, most people know they need “something”—but they’re not quite sure whether that means a will, a trust, or both. These documents are often misunderstood, and while they serve some overlapping purposes, they’re fundamentally different tools.

If you live in Cache County or anywhere in Utah, understanding the difference between a will and a trust is the first step toward creating a plan that actually works for your family.

What Is a Will?

A will (formally called a last will and testament) is a written legal document that tells the court how to distribute your property when you die. It also allows you to name a guardian for your minor children and appoint an executor—the person who will carry out your wishes.

But here’s the key: a will only takes effect after death, and it must go through probate—a court process that handles the transfer of property from the deceased to their heirs. While Utah’s probate system is generally manageable, it still involves court filings, public records, potential delays, and legal fees.

What Is a Trust?

A revocable living trust, on the other hand, is a legal arrangement you set up during your lifetime to hold and manage your assets. You typically serve as your own trustee while you're alive, and you name a successor trustee to take over when you die or if you become incapacitated.

The biggest difference? Assets in a trust don’t go through probate. Because the trust—not you personally—owns the assets, the court doesn’t have to get involved when you pass away. The successor trustee simply follows the instructions you've already laid out. That means less time, less expense, and more privacy for your family.

Protection for Beneficiaries

Another critical difference is that trusts can offer a level of protection for beneficiaries that wills simply can’t. With a will, once an asset is distributed, it becomes the beneficiary’s property—fully exposed to creditors, lawsuits, divorcing spouses, or poor financial decisions. A properly drafted trust, on the other hand, can hold assets in continued trust for a beneficiary’s lifetime. That structure can protect the inheritance from outside claims while still allowing for support, flexibility, and control. This makes trusts especially valuable for minor children, financially vulnerable heirs, or families navigating blended or high-conflict situations.

Wills vs. Trusts: The Key Differences

To break down a few of the major distinctions:

• Probate: Wills go through probate. A Trust avoids it.

• Privacy: Wills become public record. Trusts remain private.

• Timing: Wills take effect after death. Trusts operate during life, at incapacity, and after death.

• Beneficiary protection: Wills distribute assets outright. Trusts can shield assets from creditors, divorce, and poor financial decisions.

• Control: Wills typically distribute everything at once. Trusts allow you to delay or structure distributions over time.

• Flexibility: Wills are simpler but more limited. Trusts offer greater control, especially for complex family situations or special needs.

  
  

So, Which One Do You Need?

It depends. If your estate is modest, you don’t own real estate, and you’re not concerned about probate or privacy, a well-drafted will-based plan may be sufficient—especially when combined with beneficiary designations and powers of attorney.

But if you own a home, have young children, care about avoiding probate, or want to provide more structured inheritance (like for a blended family or vulnerable beneficiary), a revocable trust-based plan is likely the better choice.

In many cases, people use both. A trust serves as the main tool for managing and distributing assets, while a “pour-over will” acts as a safety net—making sure that anything accidentally left out of the trust is still directed into it after death.

Final Thought

Wills and trusts are not competitors—they’re tools. The right tool depends on your goals, your assets, and your family’s needs. And just like any tool, they work best when used intentionally, with guidance from someone who knows how to build the right plan.

If you're unsure which estate planning approach makes sense for you, start by talking to an experienced local estate planning attorney. I help individuals and families across Cache County—from Logan to Providence—make sense of their options and build plans that work today and tomorrow.

Let’s make sure your estate plan does exactly what you want it to—when it matters most.