A will and a living trust are not interchangeable. A will directs probate property and can nominate guardians; a funded revocable trust can manage trust property during life, incapacity, and after death. Many trust-based plans still use a will.
What a will does
A will becomes operative at death and is presented to the Probate Division. It can direct probate assets, nominate an executor, and name guardians for minor children. It does not control assets that pass by beneficiary designation or survivorship.
What a living trust does
A revocable trust can own property during life and name a successor trustee to manage it during incapacity or after death. Avoiding probate for a particular asset generally depends on whether that asset was properly transferred to the trust.
Questions that decide the fit
The better tool depends on the family and the property, not a universal rule.
- What property do you own and how is it titled?
- Do you own real estate outside Vermont?
- Are privacy or continuity during incapacity priorities?
- Will the family keep the trust funded and current?
- Are there minor, disabled, or financially vulnerable beneficiaries?