Wills vs. Trusts

Our Trust and Estate Planning Law Office are experienced Wills, Trusts and Estate Attorneys. In 2026, probate in New York Surrogate’s Courts continues to present challenges. Since the aftermath of COVID-19, a significant increase in filed wills—particularly in New York City—has led to delays. At the same time, many families have had to initiate administration proceedings after losing loved ones who passed away without a will.

With over 28 years of experience, attorney Inna F. and our team assist clients with:

  • Filing petitions to admit a Will or Codicil to probate
  • Representing executors, administrators, and beneficiaries
  • Handling will contests and objections to probate
  • Assisting families when a loved one dies intestate (without a will)
  • Appointing administrators and overseeing estate distribution
  • Addressing estate tax matters, including federal estate taxes

What Is the Difference Between a Will and a Trust?

This is one of the most frequently asked questions we receive in 2026.

Many individuals mistakenly believe that a will alone allows assets to pass to beneficiaries without court involvement. Unfortunately, this is not true.

A will is simply a statement of your wishes. It must go through a legal process known as probate before assets can be distributed.

Why is probate required?
 When a person passes away, assets titled in their name cannot legally transfer to others without court authorization. Probate is the process that:

  • Validates the will
  • Authorizes the executor to act
  • Removes the deceased’s name from assets
  • Transfers ownership to beneficiaries

Key Difference: When a Will vs. Trust Takes Effect

  • A will takes effect only after death and only after probate is completed
  • A trust takes effect as soon as it is created and can operate both during your lifetime and after death

In simple terms:
 A will speaks at death. A trust works during life and beyond.

Wills: What You Need to Know

A Last Will and Testament is a written document that becomes effective after the death of the person who signs it (the “testator”).

Important points about wills:

  • A will has no legal effect during your lifetime
  • It must be approved by the Surrogate’s Court
  • Assets cannot be distributed until probate is completed

In New York, probate can be:

  • Time-consuming (often 9–12 months or longer)
  • Costly, depending on the size and complexity of the estate
  • Public, as probate filings are part of the public record

Improperly drafted or executed wills can also lead to disputes, delays, or even invalidation.

Trusts: How They Work and Why They Matter

A trust is a legal arrangement where:

  • A trustee holds legal title to assets
  • Beneficiaries hold the beneficial interest
  • Assets are managed and distributed according to the trust terms

A trust can hold:

  • Real estate
  • Bank accounts
  • Investments
  • Life insurance and other assets

Key Benefits of a Trust in New York

  • Avoids probate entirely (if properly funded)
  • Takes effect immediately upon creation
  • Provides privacy (not part of public record)
  • Allows faster distribution of assets
  • Offers flexibility in how assets are distributed

For example, a trust can:

  • Provide for children at different ages
  • Protect beneficiaries who need financial guidance
  • Distribute assets based on individual needs rather than equally

Why You May Need Both a Will and a Trust

Even if you establish a trust, a will is still important. A properly drafted estate plan typically includes both to ensure all assets are accounted for and properly distributed.

The Bottom Line

  • A will requires probate and only takes effect after death
  • A trust can avoid probate and provides ongoing control and flexibility

In 2026, many New York residents are choosing trusts as part of a comprehensive estate plan to reduce delays, protect privacy, and simplify the transfer of assets.

Contact Our New York Estate Planning Attorneys

If you would like to discuss your estate planning needs, we are here to help.

If you would like to discuss your estate planning needs, please contact an experienced estate planning attorney at the Trust and Estate Planning Law Office by calling (718) 333-2395 or contact us via email today.

Additional Trusts and Estate Planning Resources

Types of Trusts:

Other Trust and Estate Documents: