Estate planning, explained
Plain-English answers on wills, living trusts and probate, plus a 2-minute quiz that shows whether a living trust fits your family.
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- Independent guide, not a law firm
- Plain English, no legalese
- Sources listed on every guide
- Online and attorney options compared
Start with your question
Most families need answers to the same six questions. Pick yours.
Do I need a living trust?
Six questions about your home, family and assets point you to a will, a trust or an attorney.
Take the quizWill or living trust?
What each one does, what it costs and which families are better served by each.
Compare themWhat is probate?
The court process that settles an estate, step by step, with what it costs and how long it takes.
Read the guideHow to avoid probate
Living trusts, beneficiary designations, joint ownership and the other legal ways around court.
See the optionsSmall estate affidavit
The shortcut many states offer when an estate is under a set dollar limit.
Check if it appliesTransfer-on-death deed
A simple way to pass a home outside probate, in the states that allow it.
Learn how it worksHow OakTrust helps
Three steps from “where do I start?” to a finished plan.
Answer six questions
The quiz points you to a will, a living trust or an attorney, and explains why.
Read the plain-English guide
Each guide covers how it works, what it costs and the mistakes families make.
Choose how to do it
Compare online services with hiring an attorney, then pick what fits your budget.
Will or living trust, at a glance
Both pass your property to the people you choose. They differ in how.
| Will | Revocable living trust | |
|---|---|---|
| Goes through probate court | Usually, for property in your name alone | No, for property held in the trust |
| Becomes public | Yes, once filed with the probate court | Generally stays private |
| Takes effect | At death | As soon as it is signed and funded |
| Covers incapacity | No | Yes, your successor trustee can step in |
| Names guardians for minor children | Yes | No, you still need a will for that |
| Upfront effort | Lower | Higher: assets must be retitled into the trust |
Popular guides
Start here if you are planning your own estate.
Settling an estate?
Start here if someone has died and you are handling their affairs.
Common questions
Do I need a lawyer to make a will or a living trust?
Not always. Many people with straightforward situations use reputable online services. A special-needs dependent, a business, a large estate or a blended family are good reasons to hire an estate planning attorney licensed in your state.
What happens if I die without a will?
Your state’s intestacy law decides who inherits, a court appoints someone to manage the estate, and if no parent can care for your minor children, a judge chooses their guardian. A will lets you choose who inherits and who settles your estate, and name the guardian you want, whom a court will usually approve. See who inherits without a will.
Does a living trust save estate taxes?
A revocable living trust does not reduce estate taxes by itself. Most families owe no federal estate tax anyway: it applies only to estates above $15 million per person in 2026. But 16 states and Washington, DC, have their own estate or inheritance tax, and some state estate taxes start at $1 million. See estate tax by state.
How long does probate take?
It depends on the state and the estate. A typical probate takes 6 to 12 months, a simple one can wrap up in 3 to 6, and a contested or complex one can take years. California’s courts say a formal probate there usually takes 9 to 18 months. The probate guide explains what drives the timeline.
Is OakTrust a law firm?
No. OakTrust is an independent publisher of general information about estate planning. It does not give legal advice or create an attorney-client relationship.
Not sure where to start?
Answer six questions and see whether a will, a living trust or an attorney fits your situation.
Take the 2-minute quizOakTrust.com provides general information about estate planning, not legal advice. Laws vary by state and change over time. For advice on your situation, talk to an attorney licensed in your state. Some links on this site may earn us a commission; see our affiliate disclosure.