Estate planning
Do I need a will or a trust? NV, CA, WA and UT compared
By Frank Stucki, Esq., MBA
Quick answer
A will says who gets what and who raises your kids, but it usually goes through probate court. A funded living trust can keep assets out of probate, which matters more in some states, and for some families, than others.
What does a will actually do?
A will names the people who inherit your property, the person who handles your estate (an executor or personal representative), and a guardian for minor children.
It is simple and inexpensive to set up. The trade-off is that a will only works through probate, the court process that confirms the will, pays debts and transfers property. Probate files are generally public.
What does a living trust do that a will doesn't?
A revocable living trust holds your assets while you're alive. You stay in control as trustee, and a successor trustee takes over at your death or incapacity.
Assets titled in the trust's name generally pass without probate. A trust can also manage money for young or vulnerable beneficiaries over time instead of handing it all over at 18.
The catch: a trust only controls what you actually put in it. An unfunded trust is just paper. Most trust plans also include a short "pour-over" will to catch anything left out.
When is a will usually enough?
A will may be all you need when your estate is small, most of your assets already pass by beneficiary designation (retirement accounts, life insurance, payable-on-death bank accounts), and you're comfortable with a short court process.
Every state also has a simplified path for small estates. That's where the four states differ.
How do Nevada, California, Washington and Utah compare?
Thresholds change. California's is adjusted periodically, and Nevada's and Utah's statutes were amended in 2025, so check the current number before relying on it.
| State | Small-estate shortcut (no full probate) | Notes |
|---|---|---|
| Nevada | Affidavit after 40 days; up to $25,000, or $150,000 if the claimant is the surviving spouse (NRS 146.080) | Community property state. Estates up to $150,000 may be set aside without administration (NRS 146.070), and estates up to $500,000 may qualify for summary administration (NRS 145.040). |
| California | Personal property up to $208,850 for deaths on or after April 1, 2025 (Probate Code § 13100, per the Judicial Council small-estate form) | Probate can be slow and costly, which is why many Californians use trusts. Frank prepares California plans directly. |
| Washington | Affidavit after 40 days if the probate estate is $100,000 or less (RCW 11.62.010) | Community property state with its own state estate tax; the exclusion is about $3 million (RCW 83.100.020). |
| Utah | Affidavit after 30 days if the estate is $100,000 or less (Utah Code 75-3-1201) | Not a community property state. Uncontested estates can often use informal probate through the court registrar (Utah Code 75-3-301). |
When does a trust make more sense?
Consider a trust if any of these apply:
- You own real estate, especially in more than one state (one trust can avoid a separate probate in each state).
- You live in or own property in California, where probate costs and timelines tend to be significant.
- You want privacy about who inherits and how much.
- You have minor children, a beneficiary with special needs, or a blended family and want control over timing.
- You want a smooth handoff if you become incapacitated, not just at death.
Does a trust cost more?
Usually, yes, up front. A trust plan involves more documents and the work of retitling assets. The trade-off is potential savings in probate time and fees later. Signature Law's flat-fee plans are 50% off through the end of 2026, and a simple will is free.
What should every plan include either way?
Whether you choose a will or a trust, a complete plan usually adds a financial power of attorney, a health care directive, updated beneficiary designations, and a plan for digital accounts. See our guides on powers of attorney and digital assets.
FAQ
A basic revocable trust generally doesn't reduce income or estate taxes on its own. Washington's state estate tax is one reason some Washington families add tax-planning provisions.
Yes, and most trust plans do. The will names a guardian for children and sends leftover assets into the trust.
Often, yes, but a move from Utah to Nevada or Washington changes how marital property works. It's a good time for a review.
Sources
This guide is general information, not legal advice. Reading it does not create an attorney-client relationship.
Questions about your situation? Frank Stucki, Esq., MBA handles flat-fee legal work in Nevada, Washington, Utah and California.