Types of Wills and Trusts: Which Is Right for You

Planning your estate means choosing between different types of wills and trusts-and the right choice depends entirely on your situation. At Bountiful Law, we help residents in Snohomish County and King County understand these options so you can protect what matters most.

This guide walks you through the main differences, costs, and timelines so you can make an informed decision for your family.

Understanding Your Will Options

Simple Wills for Straightforward Estates

A will forms the foundation of most estate plans, but not all wills work the same way. The type you select depends on how complex your assets are and how much control you want after death. A simple will works best if you own a home, a car, and some savings in Snohomish County or King County-basically, if your estate is straightforward and your wishes are uncomplicated. This document names beneficiaries, appoints an executor to manage your estate, and specifies who cares for minor children.

Comparison of simple, pour-over, and handwritten wills - types of wills trusts

Creating a simple will costs between $300 and $1,000 through an attorney, though online services charge $100 to $300. The downside is that simple wills go through probate, meaning your estate becomes public record and your family waits months or years for distribution. In Washington State, probate typically takes 6 to 12 months, sometimes longer if disputes arise.

Pour-Over Wills and Trust Protection

Pour-over wills serve a different purpose entirely. These work alongside a revocable living trust and catch any assets you forgot to transfer into the trust during your lifetime. Without a pour-over will, those assets go through probate anyway, defeating the purpose of having a trust. Many residents in King County and Snohomish County overlook this tool and end up with partial probate situations.

Handwritten Wills: Legal but Risky

Holographic wills-handwritten documents you create yourself-are legal in Washington State if they meet specific requirements: your entire will must be in your handwriting, dated, and signed. No witnesses are needed. However, handwritten wills create problems. Courts scrutinize them more carefully, beneficiaries sometimes challenge them, and your handwriting might be unclear about your actual intentions.

The American Bar Association reports that handwritten wills lead to probate disputes at significantly higher rates than typed wills prepared with professional guidance. If you have minor children or substantial assets, a handwritten will is a risky shortcut. Handwritten wills work only for extremely simple situations-a single asset going to one person-and even then, upgrading to a proper document costs so little that the risk rarely justifies the savings.

Now that you understand the different will options available to you, the next step is to explore how trusts offer an alternative approach to protecting your estate and controlling asset distribution.

How Trusts Give You Control Over Your Estate

Revocable Living Trusts: Flexibility and Privacy

Trusts operate differently than wills because they transfer ownership of your assets during your lifetime or through your will, avoiding probate entirely. A revocable living trust stands as the most popular choice for residents in Snohomish County and King County who want flexibility. You create the trust, transfer assets into it, and retain complete control while alive. You can change or cancel it anytime, add or remove assets, and even serve as your own trustee. When you die, a successor trustee you named distributes assets to beneficiaries without probate delays.

The upfront cost runs $1,000 to $3,000 with an attorney, but you skip probate fees that typically consume 3 to 7 percent of your estate value. For a $500,000 estate, that amounts to $15,000 to $35,000 in probate costs alone. Revocable trusts also keep your affairs private since they never enter public record, unlike wills.

Irrevocable Trusts: Tax Savings and Asset Protection

Irrevocable trusts work the opposite way. Once created, you cannot change or cancel them, which sounds restrictive but serves real purposes. These trusts remove assets from your taxable estate, reducing federal estate taxes for higher-net-worth individuals. The federal estate tax exemption in 2026 is $13.61 million, but it drops to $7 million in 2027 unless Congress acts. If you anticipate your estate will exceed these thresholds, an irrevocable trust started now can save your family hundreds of thousands in taxes.

These trusts also protect assets from creditors and lawsuits because you no longer own them legally. Many business owners in King County use irrevocable trusts to shield company assets. The tradeoff is loss of control, so use these only when you have specific tax or protection goals.

Testamentary Trusts: Control Through Your Will

Visual overview of revocable, irrevocable, and testamentary trusts - types of wills trusts

Testamentary trusts are created through your will and only exist after you die. A judge must approve them during probate, making them slower and more expensive than revocable living trusts. These work for parents who want to control how money reaches minor children, releasing funds at specific ages rather than all at once.

Understanding these three trust structures helps you see which one aligns with your goals. The next step involves comparing the actual costs and timelines of wills versus trusts to determine what makes sense for your family’s situation.

What Really Costs More: A Will or a Trust

The True Price of Probate vs. Trusts

Estate planning costs confuse most people because they focus only on upfront attorney fees and ignore what happens after death. A simple will costs $300 to $1,000 through an attorney in Snohomish County or King County, making it seem like the obvious budget choice. But this calculation misses probate expenses entirely. When your estate goes through probate, your family pays court fees, executor compensation, and attorney fees that typically consume 3 to 7 percent of your estate value. For a $300,000 estate, that means $9,000 to $21,000 in probate costs your beneficiaries never see.

Probate fees usually consume three to seven percent of an estate

A revocable living trust costs $1,000 to $3,000 upfront but eliminates probate completely, saving your family thousands or tens of thousands depending on your estate size. The probate savings far outweigh the initial setup cost for most residents in Snohomish County and King County with estates under $1 million.

Tax Implications for Larger Estates

The federal estate tax exemption stands at $13.61 million in 2026, but drops to $7 million in 2027 unless Congress changes course. If your net worth approaches these thresholds, an irrevocable trust created now shields hundreds of thousands from federal taxes. This strategy matters most for business owners and high-net-worth individuals who face significant tax exposure.

Speed Matters for Your Family

Probate in Washington State typically takes 6 to 12 months, though contested estates drag on for years. A revocable living trust distributes assets within weeks after death because no court approval is needed. If your family needs immediate access to funds for funeral expenses, medical bills, or ongoing living costs, a trust eliminates months of waiting. Testamentary trusts created through your will offer no timeline advantage since they still require probate approval, making them slower and more expensive than revocable alternatives.

Family Structure Determines Your Best Tool

Your family structure determines which tool actually protects what matters most. Parents with minor children should use a revocable living trust paired with a pour-over will to fund a testamentary trust for the children, releasing money at specific ages rather than handing a lump sum to an 18-year-old. Business owners in King County or Snohomish County benefit from irrevocable trusts because they shield company assets from creditors and lawsuits while reducing estate taxes.

Blended families with children from different relationships need trusts to direct assets to specific beneficiaries and prevent disputes. Second marriages without a trust often lead to unintended consequences where a surviving spouse inherits everything, leaving nothing for adult children from your first marriage. A straightforward family with no business interests and an estate under $300,000 might use a simple will if probate costs feel acceptable, but most families find the privacy and speed of a revocable living trust worth the extra upfront investment.

Final Thoughts

Wills and trusts serve different purposes, and your specific situation determines which works best. A will costs less upfront but sends your estate through probate, which consumes 3 to 7 percent of your estate value and takes 6 to 12 months in Washington State. A revocable living trust costs more initially but eliminates probate entirely, keeps your affairs private, and gets assets to your family within weeks. For residents in Snohomish County and King County with estates over $300,000, the probate savings alone justify the higher upfront cost.

Your family structure matters most when you select between types of wills and trusts. Parents with minor children need a revocable living trust paired with a pour-over will to control how money reaches their kids at specific ages, while business owners benefit from irrevocable trusts that shield company assets from creditors and reduce federal estate taxes. Blended families should use trusts to direct assets to specific beneficiaries and prevent disputes that often arise without clear documentation.

The federal estate tax exemption drops from $13.61 million in 2026 to $7 million in 2027 unless Congress acts, so if your net worth approaches these thresholds, starting an irrevocable trust now can save your family hundreds of thousands in taxes. Bountiful Law helps residents in Snohomish County and King County build comprehensive estate plans that protect what matters most. Contact us to discuss which approach fits your situation.