Will or Trust? A Practical Guide for Washington Families with Young Children

By Megan Gebhardt (Estimated reading time: 4 minutes)

When you have young children, estate planning suddenly feels much more important. You’re not just deciding who receives your assets — you’re deciding who would raise your children, how money would be managed for them, and how smoothly things would go if something happened to you.

One of the most common questions parents ask is: Do we need a revocable living trust, or is a will enough? In Washington State, either option can work well. The right choice depends on your priorities and preferences.

First, What’s the Difference?

A will:

• Names guardians for your children
• Directs who inherits your assets
• Can create children’s trusts to manage money until your kids are older
• Goes through probate (a court-supervised process after death)

A revocable living trust:

• Holds your assets during your lifetime
• Avoids probate at death
• Can include the same children’s trust and tax planning as a will
• Requires you to transfer assets into the trust while you’re alive

Both structures can protect your children and control how and when they receive assets. The difference is largely in how administration happens after death.

How This Works in Washington

Washington’s probate system is relatively streamlined and cost-effective compared to many other states. Some states impose statutory probate fees based on a percentage of the estate’s value, which can make probate quite expensive. In those states, trusts are often the clear financial choice.

In Washington, there are no statutory probate fees, the probate process is efficient with a sound estate plan in place, and estate tax applies the same way whether you use a will or a revocable living trust.

When a Trust May Be Especially Attractive

A revocable living trust can be a strong choice if:

You Prefer to Avoid Probate – Even though probate in Washington is manageable, some families prefer to avoid court involvement entirely. A trust allows assets titled in the trust to pass without probate.

You Value Privacy – A probated will becomes part of the public record. A trust generally does not, which can offer an added layer of privacy.

You Own Property in Another State – Owning real estate outside Washington may require probate in each state where property is located. A trust can help simplify that process.

You’re Thinking About Long-Term Administrative Costs – While a trust typically costs more to set up, it can reduce administrative expenses and delays after death. For some families, that tradeoff makes sense.

When a Will May Be the Better Fit

A Will-based plan is often appropriate if:

You’re Comfortable with Washington Probate – Because probate here is not unusually burdensome, many families feel it is a reasonable process.

You Prefer Simplicity During Your Lifetime – A trust requires retitling assets, recording new deeds, and consistently directing new accounts into the trust. A will-based plan generally requires less ongoing maintenance while you are alive.

You Want a Lower Upfront Cost – A will-based plan typically involves fewer documents and less initial expense.

Both Options Protect Your Children

Whether you choose a will or a trust, you can: Name guardians for your children, create children’s trusts so children don’t inherit everything at 18, include estate tax planning strategies, and control when and how your children receive assets.

Which Is Right for Your Family?

There isn’t one “correct” answer. Both wills and revocable living trusts are effective tools in Washington. The right choice depends on your comfort with probate, your desire for privacy, your asset structure, and how much ongoing maintenance you want during your lifetime.

Estate planning doesn’t have to be complicated — but it should reflect your family’s values and priorities. If you’d like to talk through the options, I’m happy to help you weigh the tradeoffs and choose the approach that fits your family best.

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