---
title: What is the difference between a will and a living trust and which one is better for me?
description: Looking for guidance on whether to choose a will or a living trust? Legal Faqs’ latest blog post breaks down the differences between the two and helps you make an informed decision. Find out which option is better for you and ensure your assets are protected.
image: https://www.legalfaq.ai/hubfs/LegalFAQ/estate-planning-legal-FAQs.jpg
---

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 March 22, 2023

# What is the difference between a will and a living trust and which one is better for me?

![Picture of Chris Battis](https://www.legalfaq.ai/hs-fs/hubfs/battis-mug.jpg?width=50&name=battis-mug.jpg) By  [Chris Battis](https://www.legalfaq.ai/faqs/author/chris-battis)  ·   1 minute read

As a lawyer, I can provide legal advice on the difference between a will and a living trust and which one may be the better option for you.

A will and a living trust are both legal documents that allow you to control the distribution of your assets upon your death. However, there are some key differences between the two.

A **will** is a legal document that specifies how your assets will be distributed after your death. It allows you to name an executor who will manage your estate and distribute your assets according to your wishes. A will also allows you to name a guardian for your minor children and make other decisions related to your estate.

On the other hand, a **living trust** is a legal document that allows you to transfer ownership of your assets to the trust while you are still alive. You then name a trustee to manage the trust and distribute the assets according to your wishes upon your death. A living trust can help you avoid probate, which is the legal process used to determine the validity of a will and distribute the assets of an estate.

Which option is better for you depends on your specific situation. If your estate is relatively simple and you have no concerns about probate or privacy, a will may be sufficient. However, if you have a more complex estate or you wish to avoid probate, a living trust may be the better option. A living trust can also provide more flexibility in terms of asset management and distribution.

It is important to note that both a will and a living trust have their own limitations and exceptions, and the laws surrounding these documents vary by jurisdiction. Therefore, it is important to consult with a licensed attorney to determine the best option for you based on your specific circumstances.

In summary, a will and a living trust are both legal documents that allow you to control the distribution of your assets upon your death, but they have different functions and benefits. Consulting with a licensed attorney can help you determine which option is the best choice for you.

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