Do I Need a Will or a Trust in Maryland?
If you're starting to think about estate planning, you've probably run into two terms over and over: will and trust. Clients often ask which one they actually need — and the honest answer is that most people benefit from having both, working together. Here's how to think about it.
What a Will Does
A will is a legal document that says what happens to your property when you pass away, and — if you have minor children — who you want to serve as their guardian. In Maryland, a will:
Only takes effect after death
Must go through probate, the court process that validates the will and oversees distribution of your assets
Becomes part of the public record once filed with the Register of Wills
Is relatively simple and inexpensive to create
A will is the foundation of almost every estate plan. Even if you set up a trust, you'll still want a "pour-over" will to catch anything that wasn't formally transferred into the trust.
What a Trust Does
A revocable living trust is a legal arrangement you create during your lifetime to hold and manage your assets. You (the "grantor") typically act as trustee while you're alive, and you name a successor trustee to step in if you become incapacitated or pass away. A trust:
Takes effect immediately once it's signed and funded (assets are retitled into the trust's name)
Avoids probate for any assets properly transferred into it
Stays private — unlike a will, it's not filed with the court
Can plan for incapacity, not just death — your successor trustee can step in and manage things if you're unable to
Requires more upfront work: the trust must be properly "funded" by retitling accounts, deeds, and other assets
So Which One Do You Need?
A will may be enough if:
Your estate is relatively simple and modest in size
You're comfortable with your family going through probate
You want the lowest-cost option to start
A trust is often worth the investment if:
You own real estate, especially property in more than one state
You want to avoid the time and expense of probate
You value privacy and don't want your affairs part of the public record
You want a plan in place in case you become incapacitated, not just when you pass away
You have a blended family, minor children, or beneficiaries who need more structured, staged distributions
The Bottom Line
In Maryland, most well-rounded estate plans include both — a trust to hold and manage major assets outside of probate, and a pour-over will to handle anything left out and to name guardians for minor children. Powers of attorney and advanced medical directives round out the plan so someone can act on your behalf if you're unable to.
There's no one-size-fits-all answer. The right combination depends on your assets, your family situation, and your goals.
Not sure where to start? The Elliott Law Group can walk you through your options and build a plan that fits your specific situation.
This article is for general informational purposes only and does not constitute legal advice. Please consult with an attorney regarding your specific situation.