When it comes to estate planning, wills and trusts are often talked about interchangeably. While both are essential tools, they serve different purposes—and misunderstandings about them can create costly mistakes for families. No matter what state you live in, these misconceptions pop up again and again. Let’s clear up some of the most common ones.

1. “A will avoids probate.”

A will does not avoid probate—it directs it. Probate is the court process of validating a will, settling debts, and distributing assets. Having a will is important because it ensures your wishes are followed, but the probate process is still required in most cases. The only way to fully avoid probate is to use tools like a properly funded revocable living trust, beneficiary designations, or joint ownership.

2. “If I have a trust, I don’t need a will.”

Even with a trust, you almost always need what’s called a “pour-over will.” This document serves as a backup, ensuring that any assets not formally transferred into your trust during your lifetime can still be directed there after your death. Without it, anything left outside your trust may have to go through probate and could end up distributed according to state intestacy laws—not your wishes.

3. “Trusts are only for the wealthy.”

Trusts aren’t just for the ultra-rich. While wealthy families may use complex trusts for tax benefits, many everyday families use revocable living trusts to:

Avoid probate, Provide privacy, Protect minor children, Plan for incapacity, and Keep things simple for loved ones.

Trusts can actually save families money and stress—regardless of net worth.

4. “Once I make a will or trust, I’m done.”

Estate planning is not a one-time project. Life changes—marriage, divorce, children, moves to another state, or the purchase of property—can all affect how your plan works. Many states have different rules about spousal rights, property, and probate procedures. If you move or your family situation changes, your will or trust should be reviewed and updated to make sure it still reflects your wishes.

5. “My family will know what to do.”

Even if your family generally understands your wishes, the legal system doesn’t operate on assumptions. Without a clear will or trust, state intestacy laws decide who gets what. This can cause delays, disputes, and unintended outcomes. A properly prepared and updated estate plan gives your family certainty and prevents unnecessary conflict at an already difficult time.

Final Thoughts

Every state has its own specific laws on wills, trusts, and probate. While the fundamentals apply everywhere, the details can vary widely. That’s why it’s always smart to consult an estate planning attorney licensed in your state to make sure your documents are valid and effective.

The bottom line: don’t let common misconceptions leave your family unprotected. By understanding how wills and trusts really work, you can create a plan that protects your loved ones and gives you peace of mind.