Wills vs. Trusts in Maryland (2025 Guide): Which Do You Actually Need?
If you live in Maryland and you’re wondering whether a simple will is enough or you should set up a revocable living trust, you’re not alone. The right answer depends on your goals: avoiding probate, protecting minor children, keeping things private, and reducing stress for your family. This guide breaks down the differences in plain English so you can make a confident decision.
Quick answer
Choose a will when your estate is straightforward, you’re comfortable with probate, and you mainly need to name guardians for minor children and say who gets what.
Choose a revocable living trust when you want to make things easier and more private for your family, you own real estate or multiple accounts, or you want a smooth transfer with less court involvement.
Most Maryland families benefit from a coordinated plan that includes either a stand-alone will or a “pour-over” will paired with a trust, plus powers of attorney and advance medical directives.
What a Maryland will does well
A will is the document the probate court uses to guide the distribution of your estate. Wills are great for:
Naming guardians for minor children
Directing personal property and specific gifts
Back-up instructions in case beneficiaries predecease you
Simpler estates where court oversight is acceptable
What a will does not do by itself: it does not avoid probate, it becomes part of the public record, and financial institutions generally won’t act on a will alone until the court appoints a personal representative.
What a revocable living trust does well
A revocable living trust is a private document you create during life. You remain in control as trustee, and you can change it or revoke it. Benefits include:
A clearer, faster path for loved ones to manage and distribute assets
Privacy (trusts are not public like probate filings)
Continuity if you become incapacitated (your successor trustee can step in)
Easier coordination when you own real estate, multiple accounts, or want staggered distributions to beneficiaries
A trust must be funded to work—meaning you retitle assets to the trust or add the trust as beneficiary where appropriate. Your will still exists as a “pour-over” to capture anything left outside the trust.
Maryland probate basics (the need-to-know)
Probate is the court process to validate your will, appoint a personal representative, and oversee distribution. In Maryland, probate is normal and manageable, but it is public, takes time, and adds steps for your family. Trust-based plans aim to minimize court involvement. Whether you choose a will-only or trust plan, good preparation- organized records, updated beneficiaries, and clear fiduciary appointments- saves your family a lot of stress.
When a will-only plan is usually enough
You rent or own a single residence with simple beneficiary designations on accounts
No minor beneficiaries and no complex distribution wishes
You’re comfortable with the court’s standard process and timeline
When a revocable living trust often makes sense
You own real estate, a rental, or expect to move/sell without re-doing beneficiary forms repeatedly
Blended families or you want to protect inheritances for children from a prior relationship
You want privacy and fewer court filings
You want to stagger distributions (for example: some at 25, 30, and 35)
You travel or want a clear incapacity plan so a trusted person can manage finances if needed
What every solid Maryland plan should include
Will (or pour-over will if you have a trust)
Financial Power of Attorney
Advance Medical Directive (medical proxy + living-will guidance)
Beneficiary review on life insurance, retirement, and payable-on-death accounts
A short “family letter” with practical info: key contacts, advisors, passwords manager location, and where originals are stored
Local focus: Howard County and nearby
Holt Legacy Law serves families in Columbia, Ellicott City, Clarksville, Maple Lawn, and across Howard County, with appointments available in nearby Montgomery, Anne Arundel, and Baltimore County/City. We offer virtual meetings and, for convenience, in-person meetings at your home or office by appointment.
How to choose quickly: a two-minute checklist
Do you want to keep your estate details private? If yes, lean trust.
Do you own real estate beyond your primary home, or plan to soon? If yes, lean trust.
Do you want guardrails for a beneficiary (age-based or milestone distributions)? If yes, lean trust.
Is your situation simple and you’re fine with a standard court process? If yes, a will-only plan may fit.
Unsure? Start with a consult. We’ll map your assets, beneficiaries, and goals and recommend the cleanest path.
Next steps
Schedule a short consultation. We’ll review your goals, outline will-only versus trust-based options, and give you a clear flat-fee quote so you can decide with confidence.
FAQs (Maryland-focused)
Is a lawyer required to create a trust in Maryland?
No, but attorney-drafted trusts are far more likely to work as intended and integrate properly with deeds, beneficiary designations, and tax considerations.
Does a revocable living trust reduce estate taxes?
A standard revocable trust does not reduce estate taxes by itself. It’s a management and probate-avoidance tool. Tax planning can be layered in when needed.
If I have a trust, do I still need a will?
Yes. Most trust plans include a pour-over will to catch any assets not retitled to the trust.
What happens if I don’t fund my trust?
Your plan may default back to probate. Funding (retitling or beneficiary alignment) is the crucial step that makes a trust work.
How often should I update my estate plan?
Review after major life events (marriage, divorce, birth, death, move, new property) or every three to five years to ensure beneficiaries, fiduciaries, and laws are still aligned.
Prefer to speak with someone directly? Call us at (410) 864-6395. We’re happy to help.
