Will or Trust: Which Is Right for You?

A guided exploration of your estate planning options in Missouri

This guide will help you understand the key differences between a Will and a Revocable Living Trust under Missouri law.

How it works: Answer eight questions about your situation. Based on your responses, you’ll see which factors point toward a Will, a Trust, or both — along with the reasoning behind each.

Question 1 of 8

What is your marital status?

Marital status significantly affects estate planning in Missouri. Married couples have different options and considerations than single individuals, including spousal rights to elect against a will.

Question 2 of 8

Do you have children?

If you have minor children, naming a guardian is one of the most important parts of estate planning — and only a Will can do that. If you have adult children, different distribution and protection considerations apply.

Question 3 of 8

What is the approximate total value of your assets?

Include real estate, bank accounts, investments, retirement accounts, and significant personal property. A rough estimate is fine.

Question 4 of 8

How important is privacy to you regarding your estate?

A Will becomes public record when it goes through probate. Anyone can see your assets, debts, and who inherits what. A Trust remains private.

Question 5 of 8

Do you own real property in more than one state?

If you own property in multiple states, a Will would require separate probate proceedings (called “ancillary probate”) in each state where you own real estate.

Question 6 of 8

How concerned are you about management of your assets if you become incapacitated?

A Will only takes effect after death and provides no protection during incapacity. A Trust allows a successor trustee to manage your assets seamlessly if you become unable to do so.

Question 7 of 8

How important is the speed of distributing assets to your beneficiaries?

Probate in Missouri typically takes 6 to 18 months. A properly funded Trust can distribute assets immediately or near-immediately after death with no court involvement.

Question 8 of 8

What is your cost priority?

A Will has lower upfront costs. A Trust costs more to create but can save significantly by avoiding probate costs, which typically run 3–5% of estate value in Missouri.

Your Results

FactorWillRevocable Living Trust
ProbateRequired. Public process taking 6–18 months in MissouriAvoided entirely for properly funded assets
PrivacyPublic record — anyone can see assets and beneficiariesPrivate — not filed with any court
IncapacityNo protection. Only takes effect at deathSuccessor trustee manages assets seamlessly
CostLower upfront. Probate costs 3–5% of estate at deathHigher upfront. Minimal costs at death
Multi-state propertyRequires ancillary probate in each stateNo ancillary probate needed
GuardianshipNames guardians for minor childrenCannot name guardians — still need a Will
MaintenanceSimple to update via codicilMust keep funded — new assets must be retitled
Missouri lawChapter 473 RSMo governs probateMissouri Uniform Trust Code (Chapter 456 RSMo)
Educational content provided by Nolan Law Firm