When it comes to estate planning in St. Louis, one of the most common questions people ask is: “Do I need a will or a trust?” The truth is, both documents play an important role in protecting your loved ones and ensuring your wishes are honored—but they work in very different ways. Understanding those differences can help you make informed decisions about your estate plan.
What Is a Will?
A will is a legal document that outlines how you want your assets distributed after your death. It can also name guardians for minor children and specify other personal wishes.
In Missouri, a valid will must be:
- Written (typed or handwritten)
- Signed by the person making it (the “testator”)
- Witnessed by at least two competent individuals
A will goes through probate, a court-supervised process in which the document is validated and assets are distributed. While probate in St. Louis County is often manageable, it can take several months to complete and may involve court costs.
Key benefits of a will:
- Straightforward and relatively inexpensive to create
- Allows you to name guardians for minor children
- Clearly states who receives your property and personal belongings
However, because wills must go through probate, the process can become public and take time before your beneficiaries receive their inheritance.
What Is a Trust?
A trust is a legal arrangement that allows you to transfer ownership of your assets to a trustee, who manages them for the benefit of your chosen beneficiaries. Unlike a will, a trust can take effect during your lifetime and continue after your death.
In St. Louis and throughout Missouri, the most common type is a revocable living trust, which you can modify or revoke at any time while you’re alive.
Key benefits of a trust:
- Avoids probate entirely, saving time and maintaining privacy
- Can take effect immediately, even if you become incapacitated
- Offers flexibility in managing when and how assets are distributed
- Often reduces administrative costs over time
Trusts can also protect beneficiaries who may be young, have special needs, or need help managing money responsibly.
Which Option Is Right for You?
The best estate plan depends on your goals, family situation, and the types of assets you own.
- If you have minor children, a will ensures guardianship is clearly defined.
- If you want to avoid probate and maintain privacy, a trust is often the better choice.
- Many St. Louis families use both, with a will serving as a backup document to a primary trust.
For example, a “pour-over will” can direct any assets not already in your trust to be transferred there after your death—offering full coverage for your estate.
How an Estate Planning Attorney Can Help
An experienced St. Louis estate planning attorney can help you determine whether a will, a trust, or a combination of both will best achieve your goals. Each family’s situation is unique—what works for one household may not work for another.
At Rogers Sevastianos & Bante LLP, our estate planning lawyers guide clients through every step of the process, from drafting documents to administering trusts and handling probate in St. Louis County and throughout Missouri.
If you’re ready to start protecting your family’s future, contact us today to schedule a consultation.
Disclaimer: The information in this blog is for general informational purposes only and does not constitute legal advice. Every legal situation is unique, and you should consult an attorney for personalized guidance on your specific circumstances.