This might be the most common estate planning question. People don’t exactly understand what a will does, and they really don’t understand how trusts work, so it’s easy to confuse the two.

On top of that are “experts” saying things like, “A will is better than a trust.” That’s a little like saying, “A cardboard box is better than a backpack.” One isn’t better than the other- you use them for different things. You put different things into each one, depending on where you’re trying to take your stuff and how long you plan to keep it in there.

A will provides instructions to the probate court about the disposition of your property upon your death. It is a document, which is only read at one moment in time and is therefore only effective for that one moment- after your death. It does nothing before you die, and it has no effect once probate is closed.

A trust is a legal entity which can own and control your property. Whoever owns and controls the trust controls the stuff inside it. In most cases, the person who set up the trust and put their stuff into it controls the trust (and their stuff in it). The trust provides an easy way to transfer control of property, because when the owner/controller of the trust dies, a new owner/controller can immediately take over. (The controller of the trust is called “the trustee.”)

The confusion comes because both a will and a trust are ways to transfer ownership and control of property upon death. People say, “a will is better than a trust,” because, actually, a trust is a cleaner, more efficient, more private way to transfer the property. That means that it is better for you to put most of your property into your trust, rather than pass it through the will.

But that does not eliminate or replace the will. It is still important to have a will, even if there isn’t as much stuff in it. Primarily, because there will always be something. Something will show up that didn’t make it into your trust- either because you forgot, or you didn’t think it was very valuable, or it came into your possession after you set up your trust. It could be anything (and it usually is). The will becomes a catch-all for things that didn’t make it into a trust for whatever reason, a kind-of crumb tray for your Estate toaster. It’s just a good idea

Additionally, if you have a lot of friends and relatives, and a lot of heirlooms, knick-knacks, trinkets, photos, and the like that you want to leave to a bunch of different people (Mary gets the china, Anne gets the Bible, Jason gets the model trains), this is sometimes easier to account for in a will.

So stop trying to figure out, “Do I need a will or a trust?” Both a will and a trust, along with a few other things, are essential parts to a complete, holistic estate plan.