Why Do Some Attorneys Recommend a Will Instead of a Trust?
If trusts are better for most families, why do so many attorneys still recommend wills? The answer involves legal training, practice specialization, and an outdated framework — and it's costing families tens of thousands of dollars.
Book a Free 1-on-1 ReviewQuick Answer
Some attorneys recommend wills over trusts for several reasons: estate tax thresholds have risen dramatically, making the estate-tax-focused trust less relevant to most clients; wills are simpler and faster to draft; some attorneys aren't estate planning specialists and apply a simplified framework; and in some states and circumstances, wills genuinely are adequate. But for most families with a home and meaningful assets, a will sends the estate through probate — adding 12–18 months and 3–8% of gross estate value in court fees. The recommendation of a will over a trust is sometimes appropriate, often outdated, and worth understanding before accepting it.
The Legitimate Reasons Some Attorneys Recommend Wills
To be fair, recommending a will over a trust isn't always wrong. There are genuine situations where a will is sufficient:
Arizona allows personal property under $75,000 to be transferred through a simplified affidavit procedure rather than full probate. For very small estates with no real estate, a will may be adequate — the simplified process avoids the cost and delay of full probate. However, this threshold doesn't cover real estate under any circumstances.
A 24-year-old renter with $20,000 in savings and no children has genuinely minimal estate planning needs. A simple will is sufficient for that moment in life — with the clear understanding that it should be updated when assets and family complexity grow. The attorney recommending a will here may be right for the current situation.
Some states have simplified probate procedures that make the process faster and less expensive for estates below certain values. In those states, the cost-benefit analysis shifts somewhat — though in Arizona, any estate with real estate faces full probate regardless of value.
The Problematic Reasons — Why the Advice Is Sometimes Wrong
The most common reason for a will recommendation is that the attorney is applying an estate tax analysis to a non-estate-tax situation. The logic: "Complex trusts are needed for estate tax planning. Your estate doesn't owe estate taxes. Therefore, you don't need a trust." This reasoning correctly identifies that estate-tax-focused trust structures aren't needed — but incorrectly concludes that no trust is needed. A revocable living trust for probate avoidance is an entirely different animal from an estate tax minimization trust.
Estate planning done by a generalist attorney — one who primarily handles contracts, business law, or litigation and does estate planning as a sideline — may reflect simplified training. An estate planning specialist who deals with probate outcomes daily understands the real cost of a will-based plan in a way that generalists may not. The recommendation to get a will is often simplest for the attorney, not necessarily best for the client.
A will takes 1–2 hours to draft. A complete trust-based estate plan takes 4–8 hours. At the same hourly rate, the trust generates more revenue — but at a flat fee, the trust requires more work for the same payment. Some attorneys recommend the simpler document not because it serves the client better but because it's faster to produce. This doesn't require malicious intent — the path of least resistance often follows the simplest solution.
An attorney who doesn't ask "do you own real estate?" or "do you have accounts without beneficiary designations?" or "does your spouse need immediate access to assets if you're incapacitated?" is missing critical information that would almost always shift the analysis toward a trust. A will recommendation that doesn't account for these factors is an incomplete analysis — not necessarily a wrong one, but certainly an incomplete one.
Most attorneys who recommend wills over trusts genuinely believe they're giving good advice. The problem isn't usually bad faith — it's an outdated framework applied to a changed landscape, combined with the fact that the attorney never has to face the consequences of the recommendation. The client's family faces those consequences — usually 12–18 months after the attorney's advice, in a probate courtroom.
The Questions to Ask Any Attorney Who Recommends a Will
If your attorney recommends a will over a trust, ask these specific questions before accepting that advice:
- "Will my estate go through probate with this plan?" If the answer is yes — and with a will it almost certainly is — ask what that probate will cost and how long it will take.
- "What happens if I become incapacitated? Who can manage my finances without a court proceeding?" A will provides no incapacity protection. A trust does.
- "Is the primary reason you're recommending a will that my estate doesn't owe estate taxes?" If yes, clarify that you're asking about probate avoidance — not estate tax minimization — and see if the analysis changes.
- "What do you estimate probate will cost my family — in fees and in time?" Hearing the concrete number often clarifies the trade-off.
- "Are you an estate planning specialist, or is estate planning one of several practice areas you handle?" A straightforward question that helps you understand the depth of expertise behind the recommendation.
A well-informed client asking these questions often discovers that the "will is adequate" recommendation changes to "a trust makes sense" once the probate implications are fully considered. The attorney may simply not have applied the full analysis until prompted. That's not a criticism — it's an invitation to have a more complete conversation.
Common Mistakes
- Accepting a will recommendation without asking about probate. The attorney's recommendation may be technically sound for one narrow purpose while leaving your family fully exposed to the court process the attorney didn't specifically address. Ask directly: "Will my family go through probate?"
- Assuming attorney recommendations are always complete. Attorneys give advice based on the questions asked and the framework applied. If the attorney is thinking "estate tax planning threshold" and you're thinking "protecting my family," you're having different conversations. Make sure the attorney is addressing your actual concerns.
- Not getting a second opinion from an estate planning specialist. A general attorney's recommendation on estate planning deserves verification from a specialist — just as you'd verify a general physician's opinion on a complex diagnosis with a specialist. The cost of a consultation is trivial compared to the cost of acting on incomplete advice.
- Treating "affordable" as "adequate." A will is cheaper to create. But its true cost includes the probate it generates. A $500 will on a $400,000 estate may create $20,000 in probate costs. A $2,500 trust prevents all of that. The cheap option is often dramatically more expensive in total.
Real-Life Example
Robert, 64, saw a local attorney for estate planning. The attorney — who primarily handled business contracts — drafted a will for $600. "It'll get your assets to the right people," he said. "Your estate isn't complicated enough for a trust."
Robert owned a home in Yuma worth $310,000, a savings account with $95,000, and an IRA with $140,000 naming his daughter as beneficiary. Total estate: $545,000.
When Robert died, his IRA passed directly to his daughter by beneficiary designation — no probate, completed in two weeks. But his home and savings account — neither in a trust, neither with designations — required full probate. His daughter managed the process. It took 14 months and cost $28,200 in attorney and court fees.
His daughter later spoke with a YWait advisor. She learned that a complete trust-based estate plan — including funding guidance for the home and accounts — would have cost $2,400 and taken one afternoon to create.
The $600 will her father's attorney called "adequate" cost her estate $28,200 — 47 times the cost of the advice that led to it. A $2,400 trust would have saved her $25,800 and 14 months of probate proceedings.
The attorney's advice wasn't dishonest. It was incomplete. And the family paid for that incompleteness — not the attorney.
The YWait Perspective
We specialize in estate planning — it's not one service among many. When we evaluate whether a trust makes sense for a family, we ask about real estate ownership, account designations, incapacity concerns, beneficiary situations, and family dynamics. That complete analysis almost always shows that a trust is the right answer for families with a home and meaningful savings.
If you've been told a will is "adequate," we invite you to have a second conversation with advisors who specialize in this — and to ask specifically about what probate will cost your family.
Helping individuals, families, and unions protect what they've built through estate planning, retirement strategies, and insurance solutions.
619.815.8811
11720 S Foothills Blvd Suite #5, Yuma, AZ, 85367
This site provides general information about legal topics. YWait Agency, YWait Consulting, YWait Wealth Management, and YWait Insurance Solutions are not law firms and do not provide legal or tax advice. Estate Planning Software Licensed from & Powered by Estate Documents Pro.
Legal documents written by Attorneys. Do-it-yourself estate document software licensed from Estate Documents Pro, LLC. This site provides general information about legal topics. ManaEstateDocs.com, YWaitCosulting.com, YWait Wealth and Management, and Estate Documents Pro, LLC are not law firms and do not provide legal or tax advice. This site, and the products available on this site, are not a substitute for the advice of an attorney. You should consult with an attorney and tax advisor licensed to practice in your state for advice if you have questions about your specific circumstances.
© 2026 YWait - All Rights Reserved.