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Pennsylvania Family Law And Estate Planning Blog

John Schaffranek & Tyler Foster

Do You Need Both a Will and a Trust in Your Estate Plan?

On Behalf of Schaffranek & Foster

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July 22, 2026

| Estate Planning

Although both effective estate planning tools, a will and a trust, serve different roles. Whether you need one over the other depends on your estate planning goals, with a will dictating how your assets will be distributed on your death and a trust dictating how and when beneficiaries receive assets. If you have any questions regarding your estate planning needs, do not hesitate to contact our Wexford estate planning lawyers at Schaffranek & Foster today.

What is the Purpose of a Will?

A will is a legal document that only takes effect at death and must pass through probate. Probate is the court-supervised process for validating the will and overseeing its distribution. Once filed with the Register of Wills, a will becomes part of the public record.

What a will can do:

  • Allocate financial accounts, real property, personal property, digital assets, etc., to beneficiaries
  • Name guardians for minor children
  • Name an executor (referred to as a personal representative in Pennsylvania) to handle your estate
  • Leave specific bequests to charities, non-profit institutions, educational organizations, etc.

What is the Purpose of a Trust?

A trust is a legal vehicle where a trustee holds assets for the benefit of another, the beneficiary.  A trust can be established during the lifetime of the person establishing it (an inter vivos trust) or can be established by a person’s will (testamentary trust).  In inter vivos trust is created as soon as the trust agreement is signed; a testamentary trust does not exist until the creator dies and their will takes effect.  In the Commonwealth, trusts are governed under Chapter 77 of the Title 20 of the Pennsylvania Consolidated Statutes. The most common type of trust for estate planning purposes is a revocable living trust. A revocable living trust can be modified by you (the grantor or creator) during your lifetime, but it becomes irrevocable upon death.

What a revocable living trust can do:

  • Hold and manage property during your life and after death
  • Avoid probate by passing property directly to beneficiaries per the trust terms
  • Lets you control how and when beneficiaries receive assets
  • Stays private (no public court filing)
  • If you become incapacitated, a successor trustee can step in without a court-appointed guardianship

Why People End Up With Both

Even if you set up a living trust, you typically also want to sign a pour-over will, which can redirect assets into the trust. This “catch-all” provision manages any assets you didn’t get around to retitling into the trust before you died and directs them into the trust, and then the distribution of those assets is controlled by the provisions of the trust agreemetn. Also, if you have minor children, you will still need a will to nominate a guardian, since trusts don’t serve that role. Many people who want to enjoy the benefits of a living trust will execute this in combination with a pour-over will.

Trusts may be worth the extra cost and effort in Pennsylvania, though it’s worth noting that Pennsylvania’s inheritance tax return is required whether assets pass by will or by trust. Hence, non-probate assets held in a revocable living trust are not “entirely” private.  As well, trusts can sometimes unnecessarily add to the complexity of estate administration for little to no additional benefit.

So while a living trust won’t reduce your tax bill or eliminate estate administration work, it may still be the right choice if you:

  • Own real estate in different states (a trust would avoid ancillary probate, which is often more expensive and time-intensive)
  • Have a blended family, minor beneficiaries, or special-needs beneficiaries
  • Want control over the timing and/or conditions of distributions
  • Have concerns about incapacity planning, not just legacy planning

However, if most of your assets are going to bypass probate, whether being jointly-held property, life insurance policies, or retirement accounts, you may consider having a will alone. Of course, other considerations must be made in deciding which estate planning documents are right for you, which is why you should speak with our Wexford estate planning lawyers.

Discerning what legal planning works best in your situation requires more than understanding legal terminology. At Schaffranek & Foster, our Wexford estate planning lawyers are here to provide legally sound advice tailored to your needs. This involves evaluating the value of your estate and requires a thorough understanding of Pennsylvania probate laws and the tax implications of distributions to certain family members.

Ready to Get Started? Speak with Our Wexford Estate Planning Attorneys Today

Estate planning requires not only evaluating a person’s financial picture but also examining their goals. At Schaffranek & Foster, our Wexford estate planning lawyers are here to assist you so that your wishes are followed accordingly upon your passing. To arrange a consultation with a member of our legal team, contact us online or by calling (412) 643-3848 today.