Estate Planning: How to Know When to Get a Trust

Updated: Mar 27

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living trust agreement paperwork close up located in Logan, UT

ESTATE PLANNING ESSENTIALS

What Is a Revocable Living Trust—and Do You Actually Need One?

By: Justin J. Wall, Esq.

Trusts & Estates Attorney

Utah and Arizona

If you’re starting to think seriously about estate planning, chances are you’ve heard the term revocable living trust—maybe from a friend, a financial advisor, or even an ad for a “trust kit” or webinar online. But what exactly is a trust, how does it work, and how do you know if you actually need one?

As a licensed estate planning attorney serving families in Utah and Arizona, I get this question almost every week. The short answer: not everyone needs a trust—but most people would benefit from one more than they realize.

Creating a revocable living trust is a smart move for many families—but drafting the document is only half the job. If you don’t fund the trust, it won’t work the way you expect.

As an estate planning attorney, one of the most common problems I see is an unfunded or partially funded trust. People think they’re protected, only for their kids to learn—too late—that their trust was never actually put into effect.

Let’s talk about what trust funding is, why it matters, and what happens when it gets overlooked.

What Is a Revocable Living Trust?

A revocable living trust is a legal document that allows you to transfer ownership of your assets into a trust while you’re alive, manage them just like you normally would, and then have them distributed automatically and privately after your death—without going through probate.

You (the grantor) typically serve as your own trustee, meaning you stay in full control of your accounts, real estate, and other property. You can change or revoke the trust at any time, which is why it’s called revocable. Upon your death, a successor trustee (someone you’ve named in advance) steps in to manage or distribute the assets according to your instructions.

Unlike a will, which must go through probate court, a properly funded trust allows for a smooth, court-free transfer of property—often faster, more private, and less expensive for your family.

The Real Value of a Trust

Most people are drawn to trusts because they want to avoid probate, and that’s a good reason. Probate can be slow, expensive, and public. In Utah and Arizona, probate can take months or even years and introduce unwanted complications—especially if there’s conflict among heirs or property in multiple states.

But avoiding probate is just the beginning. A trust can also:

Allow for ongoing management of property if you become incapacitated
Control when and how your beneficiaries receive their inheritance
Protect a child’s inheritance from divorce, lawsuits, or overspending
Keep your estate plan private (wills are public; trusts are not)
Ensure complex estates or blended families are handled fairly and clearly

In short, a trust gives you more control, more protection, more privacy, and more peace of mind than a will alone.

Do You Really Need One?

This is the big question. The truth is, you don’t need to be wealthy to benefit from a trust. If you own a home, want to avoid probate, or care about keeping things private and organized, a trust might be the right tool for you.

On the other hand, if your estate is small, you don’t own real estate, and your beneficiary designations are up to date, a will-based plan may be sufficient—at least for now. Estate planning is not one-size-fits-all. The right answer depends on your family dynamics, your assets, and your goals.

That’s why the best first step is to consult with an estate planning attorney who can walk you through your options and explain how a trust would (or wouldn’t) fit into your situation.

Final Thought

A revocable living trust isn’t just for the ultra-wealthy or the elderly—it’s a flexible, effective tool for people who want to make life easier for their loved ones and avoid unnecessary court involvement. If you’re unsure whether a trust makes sense for you, get clarity now. It could save your family time, money, and stress down the road.

If you’re ready to explore your options, contact a local estate planning attorney to schedule a consultation. Whether you need a trust, a will, or a combination of both, having the right plan in place is one of the most important gifts you can leave behind.