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Estate Planning 101: Wills vs. Trusts in Washington State

When it comes to securing your family’s future, estate planning isn’t optional—it’s essential. Yet one of the most common questions we hear at the Law Office Daniel J. Neilsen in Maple Valley is:
"Do I need a will or a trust?"

The answer depends on your unique goals, family dynamics, and financial situation. In this guide, we’ll break down the key differences between wills and trusts under Washington State law, so you can make an informed decision.

📝 What Is a Will?

A will, or last will and testament, is a legal document that outlines:

  • Who inherits your assets

  • Who will care for your minor children

  • Who will be the executor of your estate

Wills are simple and affordable to set up and serve as the foundation of most estate plans.

Pros of Wills in Washington State:

  • Easy to create and update

  • Allows you to name a guardian for children

  • Ideal for people with modest estates

  • Public record of your wishes

Cons:

  • Requires probate court proceedings

  • Delays asset distribution

  • Public (not private)

📂 What Is a Trust?

A trust is a legal arrangement where you (the “grantor”) transfer assets to a trustee to manage for your beneficiaries. The most common type is a revocable living trust, which can be altered during your lifetime.

Pros of Trusts in Washington State:

  • Avoids probate, saving time and court costs

  • Offers privacy—unlike wills, trusts are not public record

  • Enables better control of when and how beneficiaries inherit assets

  • Essential for blended families, real estate investors, or those with special needs dependents

Cons:

  • More expensive to set up

  • Requires ongoing maintenance (e.g., funding the trust properly)

⚖️ When Should You Choose a Will vs. a Trust?

Life Situation Best Tool Why
You’re under 40, just starting a family Will Simpler and allows you to name guardians
You own property or investments Trust Helps avoid probate and protects high-value assets
You’re retired or approaching retirement Trust Allows for smooth asset transition and healthcare planning
You have children from multiple relationships Trust Offers control over how assets are distributed
You want to avoid court involvement Trust Keeps your estate private and efficient
You have a small estate and few assets Will Cost-effective and sufficient for simple estates

📍 Why This Matters in Washington State

Washington has one of the more streamlined probate processes compared to other states, but it can still be costly and time-consuming. A well-prepared trust can eliminate the need for court proceedings entirely—an especially useful benefit for families in King County and Maple Valley who want to avoid delays and preserve privacy.

👨‍⚖️ Work with a Maple Valley Estate Planning Attorney

At the Law Office of Daniel J. Neilsen, we help clients throughout Maple Valley and King County design custom estate plans that reflect their values, protect their families, and comply with Washington State estate law.

We’ll walk you through:

  • Whether a will or trust best fits your needs

  • How to protect your real estate, business, or inheritance

  • Updating your plan as your life evolves

📞 Schedule a consultation today to start your estate plan with confidence.

🔗 Learn more about our Estate Planning and Probate Services.