Oct 7, 2026 · @Annie

Almost everyone needs a will, and a trust is an added tool that makes sense when you want to avoid probate, keep your affairs private, plan for incapacity or control how assets pass over time. The right choice depends on what you own, who depends on you and how much simplicity or control you want.

For families in McLean, Arlington and across Northern Virginia, the question comes up often because home values are high and many households own property in more than one place. An estate planning attorney can help you sort out whether wills and trusts, or a combination of both, fit your situation. This guide explains the differences in plain terms and when each one makes sense.

Will vs. Trust at a Glance

A will directs what happens to your property after you die and is the only document that names guardians for minor children. A revocable living trust holds property during your life and passes it on without probate. This table compares them.

When a Will May Be Enough

A will can be the right choice when your situation is simple and you do not need the extra features of a trust. That is more common than many people expect, because probate in Virginia is run through the circuit court clerk and is relatively straightforward. The state probate tax is $1 per $1,000 of the probate estate, with an optional local tax of up to one-third more, according to the Virginia probate tax return form.

A will often fits when:

•      Your estate is modest and your family is straightforward. For example, you plan to leave everything to a spouse and then to your children.

•      Most of your wealth passes by beneficiary designation or joint ownership. Retirement accounts, life insurance and jointly owned property pass outside the will and outside probate.

•      You have young children. A will is where you name a guardian, and you need one even if you also create a trust.

•      You want a lower-cost, simpler plan. A will does not require retitling assets, so it is quicker to put in place.

A will also has limits. It does nothing if you become incapacitated, it becomes public once probated, and it cannot control property that passes outside probate.

When a Trust Makes Sense

A revocable living trust is worth considering when you want something a will cannot provide: privacy, continuity if you become incapacitated, or more control over how and when beneficiaries receive assets. A trust is more work to set up, because the assets must be retitled into it, but it can solve problems a will leaves open.

A trust often makes sense when:

•      You want to avoid probate and keep your affairs private. Trust assets generally pass without a court proceeding and without becoming part of the public record.

•      You want a plan for incapacity. A successor trustee can step in to manage trust assets if you cannot, without going to court.

•      You own real estate in more than one state. Property in Maryland or another state can require a second probate there. Holding it in a trust can avoid that.

•      You want to control timing or conditions. A trust can pay out over time, protect a beneficiary who is young or has special needs, or keep assets within the family.

•      You have a blended family. A trust can provide for a surviving spouse while guaranteeing that the rest goes to your children from a prior marriage.

•      Your estate may face estate tax. Marital and credit shelter trusts are built into a trust or will to manage federal or state estate tax, including Maryland's $5 million exemption for those with Maryland exposure.

A trust only works for assets that are actually moved into it. A signed trust that holds nothing does not avoid probate.

Why Many People Use Both

You do not have to pick one. Most trust-based plans also include a "pour-over" will, which sends any asset you forgot to retitle into the trust at your death. The will also names guardians for minor children and names an executor. Assets caught this way go through probate first, so the goal is still to fund the trust during your life.

A complete plan usually also includes a financial power of attorney and an advance medical directive. These cover decisions during your life, which neither a will nor a trust handles alone. In Virginia, an advance medical directive must be signed in the presence of two witnesses.

What Neither a Will Nor a Trust Controls

Some assets ignore both documents. Retirement accounts and life insurance go to the person named on the beneficiary form. Property owned jointly with right of survivorship passes to the surviving owner. If these designations are out of date, they can undo an otherwise careful plan, so review them whenever you update your will or trust.

Taxes are a separate question. Virginia has no estate tax or inheritance tax. The federal estate tax applies only above $15 million per person in 2026, or $30 million for a married couple. Maryland and the District of Columbia have their own estate taxes with much lower thresholds, which can matter if you own property there. Whether you choose a will or a trust, a plan that accounts for these rules can reduce what your family pays.

How to Decide: Questions to Ask

These questions point toward a will, a trust or both:

1.     Do you have minor children? You need a will to name a guardian, whatever else you choose.

2.     How important is privacy? If you do not want your plan in the public court record, lean toward a trust.

3.     Do you own real estate in more than one state? A trust can avoid a second probate.

4.     Who would manage your affairs if you became incapacitated? A trust, plus a power of attorney, gives you a plan that works without court involvement.

5.     Is your family blended, or do you want to control how and when heirs receive assets? A trust gives you that control.

6.     Could your estate face state or federal estate tax? If so, trust-based planning is worth a closer look.

7.     Are you willing to retitle assets? A trust only works if it is funded.

If you answer "no" to most of these, a will with a power of attorney and an advance medical directive may be enough. Several "yes" answers suggest meeting with an estate planning attorney about a trust. Either way, review your plan after major life events.

Frequently Asked Questions

Is a will or a trust better?

Neither is better for everyone. A will is simpler and covers guardianship. A trust adds privacy, probate avoidance and incapacity planning. Many people use both.

Do I still need a will if I have a trust?

Yes. A pour-over will catches assets not placed in the trust and is where you name guardians for minor children.

Does a revocable trust reduce estate tax?

Not by itself. Assets in a revocable trust still count toward your taxable estate. Tax savings come from how the trust or will is structured, such as marital and credit shelter provisions.

Where is a will probated for a McLean or Arlington resident?

In the circuit court for the county where you lived. McLean is in Fairfax County, so that is Fairfax County Circuit Court. Arlington residents use Arlington County Circuit Court.

Can I change a will or a revocable trust later?

Yes, as long as you have legal capacity. You can update either one after a marriage, divorce, birth, move or change in your finances.

Talk With an Estate Planning Attorney in Northern Virginia

GoldBridge Law helps families in McLean, Arlington and across Northern Virginia decide between wills and trusts, plan for probate and build estate plans that fit their goals. Contact us to schedule a consultation.

This article is general information, not legal or tax advice, and reading it does not create an attorney-client relationship. Laws and tax figures change, and every situation is different. Consult an attorney about your circumstances.