Will vs. Trust in Maryland: Which Do You Need?

One of the most common questions we hear from clients at SoMD Estate Planning is whether they need a will, a trust, or both. The answer depends on your assets, your family situation, and your goals. Both wills and trusts are powerful estate planning tools, but they work differently and serve different purposes. Understanding those differences is the key to making the right choice for your family.

What a Will Does

A last will and testament is the most fundamental estate planning document. It allows you to specify who inherits your assets after your death, name an executor to manage the administration of your estate, appoint a guardian for your minor children, and express other final wishes.

A will takes effect only after your death and must go through the probate process — the legal proceeding through which the Orphans’ Court validates your will and oversees the distribution of your assets.

What a Trust Does

A revocable living trust is a legal entity that holds your assets during your lifetime and distributes them to your beneficiaries after your death — without going through probate. You create the trust, transfer assets into it, and name yourself as the trustee (the person who manages the trust) during your lifetime. You also name a successor trustee who takes over management when you pass away or become incapacitated.

Because the trust — not you personally — owns the assets, those assets pass directly to your beneficiaries through the trust agreement rather than through the probate court.

Probate: The Key Difference

The most significant practical difference between a will and a trust is probate. A will must go through probate, which in Maryland can take six to twelve months or longer. Probate involves court filings, legal fees, and public disclosure of your estate’s details. A trust avoids probate entirely, allowing your successor trustee to distribute assets to your beneficiaries quickly and privately.

For families who want to minimize the time, cost, and public exposure of the estate settlement process, a trust is often the better choice.

Privacy

Probate is a public proceeding. When your will goes through probate, the details of your estate — including your assets, debts, and beneficiaries — become part of the public record. A trust, by contrast, is a private document. The terms of your trust and the details of the distribution remain confidential.

Cost Comparison

A simple will is typically less expensive to create than a trust. However, the total cost of a will may be higher in the long run because of the probate costs your family will incur after your death. A trust costs more to set up initially, but it can save your family significant money and time by avoiding the probate process entirely.

At SoMD Estate Planning, we offer flat-fee pricing for both wills and trusts, so you know exactly what each option will cost before you make a decision.

When a Will Is Enough

A will may be sufficient if you have a relatively simple estate, modest assets, no real estate in multiple states, and straightforward distribution wishes. For many young families, a simple will combined with beneficiary designations on retirement accounts and life insurance is a practical and affordable starting point.

When You Need a Trust

A trust may be the better option if you own real estate, especially in multiple states, want to avoid probate, value privacy, have a blended family or complex distribution wishes, want to set conditions on when and how beneficiaries receive their inheritance, are concerned about creditor protection, or want to plan for the possibility of your own incapacity.

How Wills and Trusts Work Together

Many families benefit from having both a will and a trust. A “pour-over” will works alongside a trust by directing any assets that were not transferred into the trust during your lifetime to be “poured over” into the trust upon your death. This ensures that all of your assets are ultimately distributed according to the terms of your trust, even if some were not formally transferred beforehand.

Attorney Kathryn Batey can help you determine the right combination of documents for your family during a free consultation.

Frequently Asked Questions

Is a trust better than a will?

Neither is inherently better — they serve different purposes. A trust avoids probate and offers privacy, while a will allows you to name a guardian for your children. Many families benefit from having both.

Can I change a trust after I create it?

Yes, if it is a revocable living trust. You can modify or revoke it at any time during your lifetime as long as you have mental capacity. An irrevocable trust generally cannot be changed once established.

Do I need a lawyer for a will or trust in Maryland?

While not legally required, working with an attorney ensures your documents are properly drafted and legally enforceable. Errors in DIY wills and trusts can lead to costly disputes and unintended consequences.

Get the Right Plan for Your Family

Not sure whether you need a will, a trust, or both? Call SoMD Estate Planning at (301) 818-0389 for a free consultation. Learn more about simple wills, trusts, and browse our FAQ page for more answers.

Do I Need a Will in Maryland? What Happens Without One

If you are a Maryland resident, you need a will. It does not matter how old you are, how much money you have, or whether you own property. A will is the foundational document that ensures your wishes are carried out after you pass away. Without one, the State of Maryland decides what happens to your assets, your property, and even your children.

At SoMD Estate Planning, attorney Kathryn Batey helps families throughout Southern Maryland understand why a will is essential and how to get one in place quickly and affordably.

What Happens If You Die Without a Will in Maryland?

When someone dies without a will in Maryland, they are said to have died “intestate.” Maryland’s intestacy laws, found in the Estates and Trusts Article of the Maryland Code, provide a rigid formula for distributing the deceased person’s assets. This formula applies regardless of what the person may have wanted.

If you are married with children, your spouse receives the first $40,000 of the estate plus half of the remaining balance. Your children split the other half. If you are married without children, your spouse may share the estate with your parents. If you have no spouse and no children, your parents inherit. If you have no surviving family at all, the State of Maryland takes everything.

These outcomes may not align with your wishes. You may want your spouse to inherit everything. You may want to leave something to a friend, a charity, or a specific family member. Without a will, none of that happens.

Who Becomes Guardian of Your Children?

For parents of minor children, this is the most important reason to have a will. If both parents die without a will that includes a guardianship designation, the Orphans’ Court in your county appoints a guardian for your children. The court considers the best interests of the child, but it makes that decision without knowing your preferences.

Family members may disagree about who should serve as guardian, leading to disputes that can be traumatic for your children. The court may appoint someone you would not have chosen. A simple guardianship designation in your will prevents this entirely.

The Probate Process in Maryland

Whether or not you have a will, your estate may need to go through probate — the legal process of validating your will (if you have one) and distributing your assets. In Maryland, probate is handled by the Orphans’ Court in the county where you resided.

The probate process can take six to twelve months or longer, depending on the complexity of the estate. It involves court filings, notification of creditors, an inventory of assets, and the eventual distribution of property. Probate is also a public process, meaning the details of your estate become part of the public record.

While a will does not eliminate probate, it gives you control over the process by naming an executor and specifying how your assets should be distributed. For those who want to avoid probate entirely, a living trust is an effective strategy.

Why Even Young Adults Need a Will

Many young adults assume they do not need a will because they do not own a home or have significant savings. But a will is about more than money. It allows you to name a guardian for your children, designate beneficiaries for your bank accounts and personal property, name an executor to manage your estate, and express your final wishes.

If you have a child, a car, a bank account, or any personal property you care about, you need a will. The cost of creating a simple will is a fraction of what your family would spend navigating the probate process without one.

The Cost of Not Having a Will

The financial cost of dying without a will can be substantial. Your family may incur legal fees to navigate probate, costs associated with a court-appointed administrator, potential disputes among family members, and delays in accessing your assets. These costs can far exceed the cost of creating a simple will with an experienced attorney.

Beyond the financial costs, there is the emotional toll on your loved ones. Making difficult decisions during a time of grief, without any guidance from you, is a burden that a will can prevent.

Frequently Asked Questions

How much does a simple will cost in Maryland?

SoMD Estate Planning offers flat-fee pricing for simple wills so you know the cost upfront. Contact us at (301) 818-0389 for a free consultation and personalized quote.

Can I write my own will in Maryland?

While Maryland law allows handwritten and DIY wills, errors in self-prepared wills frequently lead to expensive probate disputes. Working with an attorney ensures your will is properly drafted, witnessed, and legally enforceable.

What should I include in my will?

At minimum, your will should name your beneficiaries, designate an executor, appoint a guardian for minor children, and specify how you want your assets distributed. An attorney can help you identify other provisions that may be relevant to your situation.

Take the Next Step

Do not leave your family’s future to chance. Call SoMD Estate Planning at (301) 818-0389 for a free consultation with attorney Kathryn Batey. Learn more about our simple wills, trusts, and visit our FAQ page for more answers to common estate planning questions.