When planning how your assets will be handled after your death, you’ve probably heard that a Trust is better than a Will. While Trusts can be useful in some circumstances, a Trust is not automatically superior to a Will—particularly in Washington State. Each tool has its own role, and one isn’t inherently “better” for everyone…even if the internet told you so.
In Washington, a Will is a legally binding document that directs how your property is distributed when you pass away. A Will allows you to name guardians for minor children, specify who gets what, and appoint a Personal Representative to manage your estate. It goes through probate, which is the court-supervised process of settling an estate. While probate can seem intimidating, in Washington it is often straightforward and affordable. Washington law also provides simplified probate procedures—like small estate affidavit options—when the estate value is under certain thresholds, which can make the process even easier.
A Trust—most commonly a Revocable Living Trust—is a separate legal entity created during your lifetime. You transfer assets into it, and a Trustee manages them for your beneficiaries. One of the main reasons people create Trusts is to avoid probate. More often then not though, avoiding probate is not a dramatic benefit. Even when a Trust has been created, there are administrative and legal tasks that must be completed when someone passes away. For many estates, especially those that are modest or uncomplicated, the cost and administrative work of a Trust may outweigh the time saved in probate.
Trusts also require ongoing record keeping, asset transfers, and other administration. If you forget to retitle an account or property into the Trust, that asset may still have to go through probate—even with a Trust in place. Wills do not require this ongoing maintenance; once drafted and signed, they remain valid until changed.
There are situations where a Trust may be helpful in Washington—such as planning for a beneficiary with special needs, managing assets in multiple States, or dealing with complex family structures. But for many people, a properly prepared Will combined with tools like beneficiary designations and durable powers of attorney can accomplish the same goals without the complexity and cost of a Trust.
In the end, Washington estate planning isn’t about choosing the “best” document in general; it’s about choosing the right ones for your circumstances. For many residents, a Will may be just as effective—and more appropriate—than a Trust.
