As a real estate broker, I work with many families who are navigating one of the most emotional and confusing transitions in life—helping aging parents plan for what happens to their home and other real estate assets.
A common theme I see is this: many parents have a will, but not a trust, and often the family isn’t sure what that means until the time comes to act.
This blog is meant to help you understand, in plain language, the differences between using a will (which goes through probate) and setting up a trust, especially when real estate is involved. This isn’t legal advice—but it’s the practical, real-life perspective families wish they had before facing these decisions.
What Happens When a Parent Only Has a Will?
A will must go through probate, which is the court process of validating the will and approving the transfer of assets. When real estate is involved, probate can:
• Take Time
Even a simple probate can take several months. More complex situations—multiple heirs, disagreements, debt, or unclear instructions—can take much longer.
• Cost Money
Attorney fees, court fees, appraisal fees, and administrative costs add up quick. These costs often must be paid before the property can be sold.
• Delay the Sale of a Home
The home cannot typically be sold until the court appoints an executor and grants the authority to act. This can create stress when the family needs to move forward quickly.
• Create Tension Among Heirs
The process is public and structured, which helps provide fairness, but disagreements over repair decisions, pricing, or proceeds are common.
For some families, probate isn’t a problem. For others, it becomes a long, emotional process at the hardest possible time.
What Is a Living Trust?
A revocable living trust allows a parent to place their property into the trust during their lifetime, while still maintaining full control. When they pass, the successor trustee (usually a child or another trusted person) can distribute assets according to the trust without going through probate.
Benefits of Using a Trust for Real Estate
1. Avoids Probate
This is the biggest benefit. No court involvement means:
Faster ability to sell the home
Fewer delays and legal roadblocks
More privacy for the family
Lower administrative and legal costs
2. Immediate Authority to Act
Successor trustees can list the property, hire contractors, access accounts, and distribute proceeds right away.
3. Clear Instructions
Trusts can spell out:
Who will live in the home
Whether the property must be sold
How proceeds are divided
How disputes should be resolved
This greatly reduces family arguments.
4. Protection if Parents Become Incapacitated
Trusts allow the trustee to manage the home if a parent can no longer make decisions. This avoids the need for guardianships or court intervention.
5. Multiple Properties Are Easier to Manage
Families with rental homes, land, or vacation properties benefit from centralized management inside the trust.
Reasons Someone Might Not Use a Trust
While trusts have many advantages, they’re not perfect for everyone.
• Upfront Cost
Creating a trust costs more than creating a simple will. For some families, the upfront investment may feel unnecessary.
• Must Be Maintained
Real estate must be retitled into the trust. Many families create a trust but never transfer the property—leaving the home still stuck in probate.
• Not Always Necessary
If:
There is one simple property
The heirs get along
The estate is small
Probate in the county is straightforward
…then probate might be perfectly manageable.
• Preferences Vary
Some people simply prefer the traditional will/probate route because they’ve used it before or trust the court process.
Why Real Estate Is the Biggest Reason to Consider a Trust
Homes are often the largest and most complicated asset in an estate. Without proper planning, families can face:
Delays in listing the property
Disagreements about repairs or price
Court-required appraisals
Title issues that surface only during probate
Stress during an already emotional time
A trust can streamline all of this and prevent conflicts between siblings who may have very different opinions about what to do with the family’s home.
So… Trust or Probate? What Should Families Do?
Every family is different, but here’s the general rule of thumb I see in real-world real estate:
A Trust Makes Sense When:
There is real estate involved
There are multiple heirs
Parents want to avoid burdening their children
Privacy and speed matter
The family wants the ability to sell quickly or easily
There are rental properties, land, or multiple assets
Probate May Be Fine When:
There is one simple home
The will is clear
Heirs are cooperative
The estate is small
The cost of a trust is a major concern
Final Thoughts
Planning for aging parents isn’t easy, but having the right structure in place can save months of heartache—and thousands of dollars—later. Whether your family chooses a will with probate or a living trust, the most important step is doing something rather than waiting until it’s too late.
If you ever need guidance on how these decisions affect the sale of a home, preparing a property for market during probate, or understanding timelines, I’m here to help you navigate the real estate side of the process with clarity and compassion.
