Do I Need a Trust or Just a Will? A Utah Family's Guide

This is one of the most common questions I get from clients, and it's a good one. The estate planning industry has done a great job of making everyone think they need a trust. The truth is more nuanced. Some families genuinely benefit from a trust. Others are perfectly well-served by a solid will and a few supporting documents.

Let me walk through what each one does, when each makes sense, and how to think about this decision for your family specifically.

What a Will Does

A will is a legal document that says what happens to your stuff after you die. That's the core of it. You name who gets what, and you name a personal representative (sometimes called an executor) to carry out those instructions.

If you have minor children, your will is also where you name a guardian. This is actually the most urgent reason for young parents to get a will. Without one, a court decides who raises your kids, and the court doesn't know your family dynamics the way you do.

Here's what a will does:

Directs who receives your assets after death
Names a personal representative to manage your estate
Names guardians for minor children
Can set up testamentary trusts (trusts that are created through the will after you die)
Can specify your wishes for funeral arrangements
Provides instructions for paying debts and taxes

And here's what a will does NOT do:

A will does not avoid probate. In fact, a will goes through probate. It's the instruction manual for the probate process.
A will does not help if you become incapacitated. It only takes effect when you die.
A will does not cover assets with beneficiary designations (like life insurance, retirement accounts, or payable-on-death bank accounts). Those pass according to their own beneficiary forms regardless of what your will says.
A will does not keep things private. Probate is a public court process, so your will becomes a public record.

What a Trust Does

A trust is a legal arrangement where you transfer ownership of your assets to the trust, and a trustee manages those assets according to the rules you set up in the trust document. During your lifetime, you're typically both the trustee and the beneficiary of your own trust. You maintain full control.

The most common type for estate planning is a revocable living trust. "Revocable" means you can change it or cancel it at any time. "Living" means you create it while you're alive (as opposed to a testamentary trust, which is created through a will after death).

Here's what a revocable living trust does:

Avoids probate for assets held in the trust
Provides a management plan if you become incapacitated (your successor trustee steps in)
Keeps your affairs private (trusts don't go through public court proceedings)
Can provide structured distributions to beneficiaries (for example, staggering inheritance for young adults)
Allows for continuity in managing assets like real estate or business interests
Can provide protection across multiple states if you own property in more than one state

And here's what a trust does NOT do:

A trust does not protect assets from your creditors during your lifetime (a revocable trust, anyway). Since you control the assets, creditors can still reach them.
A trust does not automatically reduce or eliminate estate taxes for most people. (More on this myth below.)
A trust does not work unless you actually transfer your assets into it. This is called "funding," and it's where a lot of people drop the ball.
A trust does not replace the need for a will entirely. You still need a will to cover assets that weren't transferred to the trust and to name guardians for minor children.

Side-by-Side Comparison

Let me lay this out plainly.

Probate. A will goes through probate. A trust avoids it (for funded assets). In Utah, probate can be relatively straightforward, especially for smaller estates. Utah allows for informal probate, which is simpler and faster than formal probate in many other states. [VERIFY: Utah informal probate process details and thresholds] That said, probate still takes time (typically several months to a year), costs money (court fees, personal representative fees, potentially attorney fees), and is public.

Privacy. A will becomes a public record once it's filed with the probate court. A trust remains private. If privacy matters to you, this is a meaningful difference.

Cost upfront. A basic will typically costs less than a trust. A comprehensive will package (including powers of attorney and healthcare directives) might run $800 to $1,500. A trust-based estate plan is more involved and typically costs $2,000 to $5,000, depending on complexity. [VERIFY: current pricing ranges for Utah market]

Cost at death. This is where the comparison flips. Probate has its own costs: court filing fees, publication fees, personal representative fees, and potentially attorney fees. In Utah, personal representative fees are "reasonable" as determined by the court. [VERIFY: Utah personal representative fee standards] For larger estates, probate costs can exceed what you would have paid for a trust upfront.

Incapacity planning. A will does nothing during your lifetime. If you become incapacitated without a trust, your family may need to go through a court guardianship or conservatorship proceeding to manage your finances. That process is expensive, time-consuming, and public. A trust with a successor trustee avoids this entirely for assets held in the trust. (Note: a financial power of attorney also addresses incapacity and is much simpler and cheaper than a trust. For many people, a power of attorney paired with a will is sufficient.)

Ongoing maintenance. A will sits in a drawer until you die. A trust requires maintenance. You need to make sure new assets are titled in the trust's name. If you refinance your house, buy a new property, or open new accounts, you need to update the trust's ownership. This is not difficult, but it does require attention.

Control after death. Both wills and trusts let you specify who gets what. But trusts give you more control over the timing and conditions. You can say "my daughter receives one-third at age 25, one-third at age 30, and the remainder at age 35." You can include provisions for education expenses, incentives for employment, or restrictions on spending. A will can create testamentary trusts that do similar things, but the trust has to go through probate first.

When a Will Is Enough

I'm not going to tell every client they need a trust. For plenty of families, a will-based plan is the right call. Here are situations where a will (plus supporting documents like powers of attorney and healthcare directives) is likely sufficient:

You're young, healthy, and your estate is simple. If you're in your twenties or thirties with a modest bank account, a car, maybe some retirement accounts, and no real estate, a trust is probably overkill. Your retirement accounts and life insurance pass by beneficiary designation anyway. A will to name guardians for your kids and direct everything else is the priority.

Most of your assets pass outside of probate already. Life insurance, retirement accounts (401k, IRA), payable-on-death bank accounts, and jointly-held property all pass outside of probate. If that covers most of your estate, the will is mainly there as a safety net and for guardian designations.

You're comfortable with the probate process. Probate isn't always the nightmare that trust marketing materials make it seem. In Utah, informal probate is available for most estates, and it's a manageable process. If your estate is straightforward and your beneficiaries get along, probate may be a non-issue.

You're on a tight budget right now. A solid will-based plan is better than no plan at all. If the cost difference between a will and a trust means you'd put off planning entirely, get the will now. You can always add a trust later when your circumstances change.

When a Trust Is Worth the Investment

A trust starts making more sense in these situations:

You own real property in more than one state. Without a trust, your family may need to open a separate probate proceeding in every state where you own real estate. That means multiple courts, multiple attorneys, and multiple sets of fees. Transferring those properties into a trust avoids multi-state probate entirely. If you own a cabin in another state or investment property out of state, this alone can justify a trust.

You want to plan for incapacity, not just death. If you're concerned about what happens if you develop dementia, suffer a stroke, or become unable to manage your affairs, a trust provides a seamless transition. Your successor trustee steps in and manages trust assets without any court involvement. Yes, a financial power of attorney does something similar, but some institutions are reluctant to honor powers of attorney, especially older ones. A trust is generally accepted more readily.

You have minor children or young adult beneficiaries. Leaving an inheritance outright to an 18-year-old is a gamble. A trust lets you appoint a trustee to manage the money until your children reach an age where they're ready to handle it responsibly. You set the age or ages, and the trustee manages the funds in the meantime.

You have a blended family. If you have children from a prior marriage and a current spouse, the "who gets what" question gets complicated. A common approach is a trust that provides for your surviving spouse during their lifetime but preserves the principal for your children after your spouse passes. Without this structure, your surviving spouse could (intentionally or not) redirect assets away from your children.

You own a business. Business succession is complex. A trust can hold your business interest and provide clear instructions for management transition, buyout provisions, and distribution of proceeds. This avoids a probate process that could disrupt business operations.

Privacy matters to you. If you don't want your asset details, beneficiary information, and family dynamics to become part of the public record, a trust is the way to go.

Your estate is large enough that probate costs would exceed trust costs. This is a straightforward math problem. If the expected cost of probate (fees, delays, hassle) exceeds the cost of setting up and maintaining a trust, the trust wins.

Utah-Specific Considerations

Utah has several features that affect the trust-vs-will decision.

Utah is not a community property state. Utah follows equitable distribution principles. This means that in a divorce, assets are divided "equitably" (fairly, but not necessarily equally). This is less relevant to estate planning directly, but it affects how married couples think about asset ownership and planning. [VERIFY: confirm Utah equitable distribution characterization for estate planning context]

The Utah Uniform Trust Code. Utah adopted the Uniform Trust Code (Title 75, Chapter 7 of the Utah Code), which provides a comprehensive framework for trust creation, administration, and modification. [VERIFY: current Utah Code citation for trust provisions] This means Utah has well-developed trust law, and courts are experienced in handling trust matters. It also means that trust terms are generally enforced as written, giving you confidence that your wishes will be carried out.

Utah's informal probate process. Utah allows for informal probate, which is simpler and less expensive than formal probate. An informal probate can often be handled without court hearings, which reduces cost and time. [VERIFY: specific details of Utah informal probate requirements] This is relevant because it makes the "avoid probate" argument for trusts somewhat less compelling in Utah than in states with more burdensome probate processes.

Utah Advance Health Care Directive Act. Utah has its own laws governing healthcare directives (sometimes called living wills or advance directives). [VERIFY: Utah Code citation for advance directive law] Regardless of whether you choose a will or trust, you need a healthcare directive and a medical power of attorney. These are separate from your will and your trust, and every adult in Utah should have them.

Small estate affidavit. Utah allows estates valued at $100,000 or less in personal property to be transferred using a small estate affidavit, bypassing probate entirely. [VERIFY: current Utah small estate threshold] If your estate is small enough to qualify, this is another reason a trust may not be necessary.

The Pour-Over Will

If you set up a trust, you'll still need a will. But it's a specific type called a "pour-over will." Here's the concept.

No matter how diligent you are about funding your trust, there will almost certainly be some assets that are in your personal name when you die. Maybe you opened a new bank account and forgot to title it in the trust's name. Maybe you received an inheritance that went directly to you. The pour-over will catches those assets and "pours them over" into your trust at death.

The pour-over will essentially says: "Anything I own at death that isn't already in my trust should go into my trust." Those assets still go through probate (because a pour-over will is still a will), but they end up being distributed according to your trust's terms.

Think of the pour-over will as the safety net for your trust. It's not the primary plan, but it catches what slips through.

Trust Funding: The Step Everyone Skips

I can't stress this enough. A trust that isn't funded is just an expensive piece of paper.

"Funding" means transferring ownership of your assets from your personal name into the name of your trust. If you create the "John and Jane Smith Family Trust," then your house needs to be titled in the name of the trust. Your bank accounts need to be in the name of the trust. Your investment accounts need to be in the name of the trust (or at minimum, list the trust as the beneficiary).

Here's what funding typically involves:

Real estate. You'll need to sign and record a new deed transferring the property from your name to the trust. In Utah, this is usually a quit-claim deed or a special warranty deed. [VERIFY: typical deed type used for trust funding in Utah and any transfer tax implications]

Bank and investment accounts. Contact each institution and ask to retitle the account in the name of the trust, or name the trust as the beneficiary. Each institution has its own process, but it's usually a matter of filling out their forms.

Life insurance and retirement accounts. These typically should NOT be titled in the name of the trust without careful tax planning. Retirement accounts in particular can trigger immediate taxation if transferred to a trust improperly. Instead, you usually name the trust as a beneficiary (primary or contingent) rather than the owner. Work with your attorney and financial advisor on this.

Vehicles. In Utah, you can title a vehicle in the name of a trust, but many people don't bother for vehicles because they can be transferred using the small estate affidavit process and their value is often modest relative to the hassle.

Business interests. If you own an LLC or other business entity, your membership interest can be assigned to the trust. This usually requires an amendment to your operating agreement.

I tell clients that funding your trust is just as important as creating it. Budget time for this step. It's not glamorous, but it's what makes the trust actually work.

Common Misconceptions

Let me clear up a few things I hear frequently.

"Trusts are only for wealthy people." This was true decades ago. Today, trusts are useful for anyone who owns real estate, has minor children, wants incapacity protection, or has any complexity in their family situation. You don't need millions in assets to benefit from a trust.

"A trust will save me from estate taxes." For the vast majority of people, estate taxes are not an issue. The federal estate tax exemption is currently $13.99 million per individual (2025 figure). [VERIFY: current federal estate tax exemption for 2026] Utah does not have a state estate tax or inheritance tax. [VERIFY: confirm no Utah estate/inheritance tax] Unless your estate is worth more than the federal exemption, estate taxes probably aren't a factor in your planning. A basic revocable trust does not reduce estate taxes.

"If I have a trust, I don't need a will." Wrong. You still need a pour-over will (as described above) and a will is the only place you can name guardians for minor children.

"I can just write my own will/trust." Technically, you can. But estate planning documents are legal instruments that have to meet specific requirements to be valid. A will that isn't properly witnessed. A trust that contradicts your beneficiary designations. An ambiguous distribution clause that your kids fight over for years. I've seen all of it. The cost of doing it right is almost always less than the cost of fixing it later, or the cost of it failing entirely.

"My spouse automatically gets everything." Not necessarily. In Utah, a surviving spouse has certain rights (including an elective share), but intestacy laws don't always produce the result you'd expect, especially in blended family situations. [VERIFY: Utah elective share provisions and intestacy distribution rules]

"I set up my estate plan ten years ago, so I'm good." Estate plans need to be reviewed periodically, especially after major life events: marriage, divorce, birth of a child, death of a beneficiary, significant change in assets, move to a new state, or changes in the law. A plan that was perfect in 2016 may not fit your life in 2026.

Real Scenarios

Let me put this into context with some families I commonly work with. (Details are generalized for illustration.)

Scenario 1: Young Family with a House

The situation. Jake and Sarah are in their early 30s. They have two kids under age 5. They own a home worth $450,000 with a $350,000 mortgage. They have modest retirement accounts and a term life insurance policy on each of them.

The recommendation. A will-based plan is probably right for now. Their most urgent need is naming guardians for their kids. Most of their assets (life insurance, retirement accounts) pass by beneficiary designation and don't go through probate. Their home equity is relatively modest.

Their plan includes: wills naming guardians and creating testamentary trusts for the kids (so a life insurance payout doesn't go directly to a 10-year-old), financial powers of attorney, healthcare directives, and properly completed beneficiary designations on all accounts.

Total cost: significantly less than a trust-based plan. They can revisit when their net worth grows or circumstances change.

Scenario 2: The Business Owner

The situation. Maria is 52 and owns a profitable consulting firm structured as an LLC. She's single with two adult children. She owns her home, has significant retirement savings, and recently purchased a rental property in Arizona.

The recommendation. A trust-based plan. Maria's situation has several factors that point toward a trust: she owns real estate in two states (avoiding dual-state probate), she has a business that needs a succession plan, and her net worth is substantial enough that probate costs would be significant.

Her plan includes: a revocable living trust, a pour-over will, financial power of attorney, healthcare directive, and an updated LLC operating agreement addressing what happens to the business interest at her death or incapacity. The trust is funded with her home, the Arizona rental property, and her LLC membership interest.

Scenario 3: Blended Family

The situation. Tom and Linda are in their 60s. Both were previously married. Tom has three children from his first marriage. Linda has two. They own a home together and each have retirement accounts and life insurance.

The recommendation. A trust-based plan, potentially with separate trusts for each spouse. The key concern is making sure both the surviving spouse and the children from prior marriages are provided for. Without a trust, Tom could leave everything to Linda, and Linda could (even unintentionally) leave everything to her own children, cutting Tom's kids out entirely.

A common structure here is a trust that provides Linda with income and the right to live in the home for her lifetime, with the remaining trust assets passing to Tom's children after Linda's death. Linda's trust does the same in reverse.

This requires careful planning. Blended family situations are where I most often see families wish they had gotten professional help earlier.

Scenario 4: The Retiree

The situation. Dorothy is 78, widowed, and in good health. She owns her home outright (worth $550,000), has retirement savings of about $400,000, and wants everything to go equally to her three children when she passes.

The recommendation. This could go either way. Dorothy's estate is straightforward (everything split equally, three adult children who get along), and Utah's informal probate process could handle this without much difficulty. A will-based plan could work well.

However, given Dorothy's age, incapacity planning becomes a bigger factor. A trust with a successor trustee provides a seamless management plan if Dorothy can no longer handle her finances. A financial power of attorney does too, but some institutions make it difficult to use powers of attorney, especially as the document ages.

If Dorothy values simplicity and wants to minimize upfront cost, a will-based plan with a strong financial power of attorney is reasonable. If she wants the added protection of incapacity planning through a trust and the probate avoidance, a trust-based plan makes sense. We'd talk through both options and let Dorothy decide what fits her priorities.

Making Your Decision

Here's a simple way to think about it. Answer these questions:

Do you own real estate in more than one state?
Do you have a blended family?
Do you own a business?
Is incapacity planning a high priority for you?
Do you value privacy about your financial affairs?
Is your estate large enough that probate costs would be significant?

If you answered yes to two or more of these, a trust is probably worth the investment. If you answered no to most of them and your estate is straightforward, a will-based plan may be all you need. And if you're unsure, that's exactly what a consultation is for.

The worst answer to "do I need a trust or a will?" is "I'll figure it out later." Every adult needs at least a basic plan. The specific tools matter less than having something in place.

If you'd like to talk through your situation, I offer consultations where we can look at your family, your assets, and your goals and figure out the right approach together.

This guide is provided for educational purposes only and does not constitute legal advice. Estate planning is highly fact-specific, and the right approach depends on your individual circumstances. You should consult with an attorney licensed in your state before making estate planning decisions. Laws change, and this guide reflects general principles as of the date of publication. Jonathan Miller is an attorney licensed in Utah, Arizona, and Texas.