One of the most common questions we hear from clients is: "Do I need a trust, or is a will enough?" The answer depends on your assets, family situation, and goals. Both are valid estate planning tools, but in California, they work very differently. Here is an honest comparison to help you decide.
How a Will Works
A will (also called a last will and testament) is a legal document that specifies how you want your assets distributed after death. It also designates a guardian for minor children and names an executor to carry out your wishes. In California, a valid will must be in writing, signed by the testator, and witnessed by two people (Probate Code Section 6110).
The key limitation of a will is that it must go through probate — a court-supervised process that typically takes 12 to 18 months in Sacramento Superior Court. During probate, the will becomes a public record, meaning anyone can see your assets, debts, and beneficiaries. The cost of probate is set by statute (Probate Code Section 10810) and can be significant for larger estates.
How a Revocable Living Trust Works
A revocable living trust is a legal entity that holds your assets during your lifetime. You serve as the trustee and manage everything exactly as you do now — you can buy, sell, spend, and modify the trust at any time. Upon your death or incapacity, a successor trustee you have chosen takes over and distributes assets according to your instructions.
The critical advantage: trust assets pass to beneficiaries without probate. There is no court proceeding, no waiting period (other than the 120-day contest period under Probate Code Section 16061.7), and no public record. Distribution can begin within weeks rather than months or years.
Side-by-Side Comparison
Probate avoidance: A will requires probate for any estate above the small estate threshold ($184,500 in 2024). A properly funded trust avoids probate entirely.
Privacy: Probate is entirely public — anyone can access the court file and see your will, asset inventory, and beneficiary information. Trust administration is private. Only the trustee and beneficiaries receive information.
Speed of distribution: Probate typically takes 12 to 18 months. Trust administration can be completed in a few months, with some distributions available immediately.
Cost: A trust-based estate plan costs more upfront than a simple will. However, the savings in probate fees and attorney costs at death more than make up the difference for most California families who own real property. For a $500,000 estate, probate fees alone total approximately $26,000 (attorney and executor fees combined). Trust administration costs are typically a fraction of this amount.
Incapacity planning: A will only takes effect after death. A revocable living trust also provides for incapacity — your successor trustee can step in to manage your finances without a court-ordered conservatorship.
Flexibility: Both wills and revocable trusts can be modified or revoked at any time during your lifetime, as long as you have legal capacity.
Minor children: Only a will can designate a guardian for your minor children. This is why most trust-based estate plans also include a "pour-over will" that nominates a guardian and directs any assets not in the trust into it at death.
When a Will Is Sufficient
A standalone will may be appropriate if you are young with minimal assets, do not own real property in California, your total estate is well below the small estate threshold, and your beneficiary structure is straightforward. Even in these cases, a will should be accompanied by a durable power of attorney and advance healthcare directive.
When You Need a Trust
A revocable living trust is strongly recommended if you own real property in California (avoiding probate on even one property justifies the cost), your total estate exceeds the small estate threshold, you value privacy and want to keep your affairs out of public court records, you want to plan for incapacity without a conservatorship, you have a blended family or complex beneficiary situations, or you want to control the timing and conditions of distributions (for example, holding assets until a child reaches a certain age).
The Bottom Line for Sacramento Families
For most Sacramento families who own a home, a trust-based estate plan is the more practical choice. The median home value in Sacramento County exceeds $400,000 — well above the small estate threshold — meaning that a will-only plan guarantees a probate proceeding that costs your family tens of thousands of dollars and more than a year of waiting.
At Abrate & Olsen Law Group, we help you choose the right tools based on your specific situation, not a one-size-fits-all approach. Contact us for a consultation, and we will design an estate plan that achieves your goals as efficiently as possible.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Contact an attorney for guidance specific to your situation.