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What is the role of a will and trusts in an estate plan?

On Behalf of | Aug 20, 2025 | Wills & Trusts

Creating your estate plan enables you to tell your loved ones what you want to happen with your assets when you pass away. This has several components, so it’s critical that they work together in a way that’s legally enforceable. 

When it comes to your assets, the two options that you have for estate plan is to pass them down through your will or use trusts. Both options are valid, but they function considerably differently. 

Main differences between wills and trusts

One of the primary differences between using a will and using a trust is that the will goes through the probate process. This means that the contents of the will are made public record, so anyone can see what the beneficiary received. Having to go through the probate process can also delay the beneficiaries getting their inheritance. 

When you use a trust to pass down the assets, there isn’t a public record of the terms, so what each beneficiary receives remains private. Trusts don’t go through the probate process, so there’s more privacy and the beneficiaries will usually receive their inheritance sooner. The trust also allows you to have more control over how the assets are used and distributed. 

You should ensure that your estate plan is set in a way that reflects your wishes. Working with someone familiar with these matters may be beneficial since they can assist you with determining how to legally relay your plan. It’s best to do this as soon as possible so you can rest assured that your loved ones know how to handle your affairs