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.

Free to use. No sign-up. Your quiz answers stay in your browser.

  • Independent guide, not a law firm
  • Plain English, no legalese
  • Sources listed on every guide
  • Online and attorney options compared

How OakTrust helps

Three steps from “where do I start?” to a finished plan.

1

Answer six questions

The quiz points you to a will, a living trust or an attorney, and explains why.

2

Read the plain-English guide

Each guide covers how it works, what it costs and the mistakes families make.

3

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.

WillRevocable living trust
Goes through probate courtUsually, for property in your name aloneNo, for property held in the trust
Becomes publicYes, once filed with the probate courtGenerally stays private
Takes effectAt deathAs soon as it is signed and funded
Covers incapacityNoYes, your successor trustee can step in
Names guardians for minor childrenYesNo, you still need a will for that
Upfront effortLowerHigher: assets must be retitled into the trust

Read the full comparison

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 quiz

OakTrust.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.