Roseville, CA estate planning & probate attorney R. Keenan Davis talks about how a trust differs from a will in terms of asset distribution and tax implications. He points out that a trust is fundamentally different from a will. A will becomes effective only after a person’s death, meaning its validity cannot be confirmed until that moment. Because the testator cannot be cross-examined after death, a will must go through probate—a court-supervised process to validate it. Probate is time-consuming, expensive, and entirely public, which presents several drawbacks.

First, probate fees can be significant. In California, for example, probate costs are clearly defined in the probate code and can be substantial even for moderately sized estates. A revocable living trust can completely avoid these fees, which is why he emphasizes their use in estate planning.

Second, confidentiality is a major distinction. A will, along with any attachments, becomes a matter of public record once filed for probate. Anyone can access, copy, or even distribute this information. In contrast, a revocable living trust is a private document. If properly structured, it does not require court involvement, keeping family and financial matters confidential.

Third, the timing of asset distribution differs dramatically. Probate in many metropolitan jurisdictions can take two to four years to complete. A trust, however, is effective immediately. It provides clear instructions not only for asset distribution upon death but also for management in the event of disability, eliminating the need for conservatorship or other court intervention.

He notes that when executed correctly, a trust ensures that distributions are straightforward, transparent, and efficient, providing peace of mind and serving as a lasting benefit—or “love letter”—to the family.