--- title: The Differences Between a Will and a Trust description: Estate planning is a critical process that every individual should undertake to ensure their assets are distributed according to their wishes upon their death or incapacity. In this blog, we highlight the distinct differences between having a will and having a trust. image: https://blog.livinginsouthreno.com/hubfs/003a%20Understanding%20the%20Difference%20Between%20a%20Trust%20and%20a%20Will.png --- [![Logo](https://blog.livinginsouthreno.com/hs-fs/hubfs/Logo.png?width=1500&height=500&name=Logo.png "Logo")](https://www.livinginsouthreno.com/) Open main menu Close main menu - [Buyers](https://www.livinginsouthreno.com/buyers) - [Sellers](https://www.livinginsouthreno.com/sellers) - [Current Listings](https://www.livinginsouthreno.com/current-listings) - [Contact Us](https://www.livinginsouthreno.com/contact-us) [Homeowner Tips](https://blog.livinginsouthreno.com/tag/homeowner-tips) [Estate Planning](https://blog.livinginsouthreno.com/tag/estate-planning) # The Differences Between a Will and a Trust ![Ken Angst REALTOR®, P.E. Nv Lic S.168655](https://app.hubspot.com/settings/avatar/4d8aeb5e1542057ee25a8b3a3a947d18) [Ken Angst REALTOR®, P.E. Nv Lic S.168655](https://blog.livinginsouthreno.com/author/ken-angst-realtor-haute-properties-nv) [Share this blog post on Twitter](https://twitter.com/intent/tweet?text=I+found+this+interesting+blog+post&url=https://blog.livinginsouthreno.com/the-differences-between-a-will-and-a-trust) [Share this blog post on Facebook](http://www.facebook.com/share.php?u=https://blog.livinginsouthreno.com/the-differences-between-a-will-and-a-trust) [Share this blog post on LinkedIn](http://www.linkedin.com/shareArticle?mini=true&url=https://blog.livinginsouthreno.com/the-differences-between-a-will-and-a-trust) ![Text Understanding the differences between a will and a trust with images of Ken Angst and Jason Morris. ](https://blog.livinginsouthreno.com/hubfs/003a%20Understanding%20the%20Difference%20Between%20a%20Trust%20and%20a%20Will.png) Estate planning is a critical process that every individual should undertake to ensure their assets are distributed according to their wishes upon their death or incapacity. One of the primary ways to achieve this is through the creation of either a will or a trust. While both a will and a trust serve similar purposes, there are significant differences between the two. Check out our podcast with Jason Morris of Woodburn and Wedge discussing the difference between a will and a trust → [https://youtu.be/ZxbCd1iuBd0?t=241](https://youtu.be/ZxbCd1iuBd0?t=241) A will is a legal document that outlines how an individual's assets should be distributed after their death. It becomes effective only after the death of the testator, (the person who has died and has left the will), and the probate court must approve it. Probate is a court-supervised process that verifies the validity of the will and ensures that the assets are distributed according to the wishes of the testator. The probate process can be time-consuming, costly, and may involve public scrutiny. Additionally, a will only becomes effective after the death of the testator, which means that it offers no protection in the event of the testator's incapacity. On the other hand, a trust is a legal arrangement where the assets of an individual are transferred to a trustee, who manages them on behalf of the beneficiaries. The trust can be created during the lifetime of the individual, and they can also serve as the trustee. In such cases, the individual retains control over their assets and can amend or revoke the trust at any time. In the event of the individual's death or incapacity, the successor trustee takes over the management of the trust, and the assets are distributed according to the provisions of the trust. Unlike a will, a trust does not have to go through probate, which means that it is a more private and cost-effective way of transferring assets. Another advantage of a trust is that it provides a level of disability planning that could avoid the need for guardianship. In the event that the individual becomes incapacitated, the successor trustee can take over the management of the trust and ensure that the individual's wishes are respected. This can be particularly important if the individual has specific requirements that need to be met. In conclusion, both a will and a trust are important estate planning tools that can help ensure that an individual's assets are distributed according to their wishes. However, trusts offer several advantages over wills, including the ability to avoid probate, maintain privacy, and provide disability planning. It is important to consult with an experienced estate planning attorney to determine which option is best for your individual circumstances. We want to thank Sharon M. Jannuzzi and Jason Morris of Woodburn and Wedge Estate Planning, Probate and Tax Practice Group for contributing to this blog and our video podcast. #livinginsouthreno #estateplanning ### Leave a Comment ## Related Articles [![Yellow street sign that says Be Prepared](https://blog.livinginsouthreno.com/hubfs/Be%20Prepared%20sign%20with%20sky%20background.jpeg)](https://blog.livinginsouthreno.com/safeguarding-your-home-home-insurance-emergency-preparedness) [Homeowner Tips](https://blog.livinginsouthreno.com/tag/homeowner-tips) [Real Estate](https://blog.livinginsouthreno.com/tag/real-estate) ### [Safeguarding Your Home: Home Insurance & Emergency Preparedness](https://blog.livinginsouthreno.com/safeguarding-your-home-home-insurance-emergency-preparedness) Life is unpredictable, and unexpected events can wreak havoc on our homes and lives. Whether it's a natural disaster, a fire, theft, or other unforeseen circumstances,... ![Ken Angst REALTOR®, P.E. 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Estate planning can help ensure that your property is distributed... ![Ken Angst REALTOR®, P.E. Nv Lic S.168655](https://app.hubspot.com/settings/avatar/4d8aeb5e1542057ee25a8b3a3a947d18) [Ken Angst REALTOR®, P.E. Nv Lic S.168655](https://blog.livinginsouthreno.com/author/ken-angst-realtor-haute-properties-nv) [Read More](https://blog.livinginsouthreno.com/top-ten-reasons-people-procrastinate-estate-planning) ### The Angst Real Estate Team ### Sign Up for Our Newsletter ![haute-properties_angst-logo_white@2x](https://blog.livinginsouthreno.com/hs-fs/hubfs/haute-properties_angst-logo_white@2x.png?width=248&height=150&name=haute-properties_angst-logo_white@2x.png "haute-properties_angst-logo_white@2x") Ken Angst REALTOR®, P.E. Nv Lic S.168655 Haute Properties NV 5470 Kietzke Lane, Suite 300 Reno, NV 89511 Email: [angstrealestateteam@gmail.com](mailto:angstrealestateteam@gmail.com) Cell: [(775) 525-0309](tel:+17755250309) **MLS® Disclaimer.** The data relating to real estate for sale on this web site comes in part from the Broker Reciprocity program of the Northern Nevada Regional Multiple Listing Service®. Real estate listings held by brokerage firms other than the owner of this site are marked with the Broker Reciprocity logo and detailed information about those listings includes the name of the listing brokerage. Copyright 2022 of the Northern Nevada Regional Multiple Listing Service MLS. 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