Estate planning is one of the most important steps you can take to protect your loved ones and ensure your assets are distributed according to your wishes. But what happens when you die? The legal process that follows depends largely on how you plan your estate—specifically, whether you have a Will or a Trust.
A will outlines how your assets should be distributed after your death, but it still requires court oversight through probate. A trust, on the other hand, allows assets to bypass probate, making the process faster and often less expensive.
In this guide, we’ll break down:
What happens when you die with a Will Plan from Trust & Will?
What happens when you die with a Trust Plan from Trust & Will?
What happens when you die with a will?
If you have a will, your estate will go through probate, a legal process where the court ensures your assets are distributed according to your wishes. Probate can take several months to over a year, depending on the complexity of your estate. Read our probate guide to learn more about the process in-depth.
Steps in the Probate Process
Filing the will: Your executor (the person named in your will) submits it to the probate court.
Validating the will: The court reviews the will to ensure it’s legally binding.
Notifying beneficiaries & creditors: The executor must notify all interested parties, including heirs and creditors.
Paying debts & taxes: Any outstanding debts, including final taxes, must be paid before distributing assets.
Distributing the estate: After all obligations are settled, remaining assets are distributed according to your Will.
This process can be time-consuming and costly, as probate fees, legal costs, and court expenses reduce the overall estate value.
What happens to assets when you die with a will:
Even though a will ensures your assets go to the right people, it does not avoid probate. Here’s what happens to different types of assets:
Probate assets: Property solely in your name (real estate, bank accounts, investments) must go through probate.
Non-Probate Assets: Jointly owned property, retirement accounts with designated beneficiaries, and life insurance policies pass directly to the named beneficiaries.
Since probate can take time, beneficiaries might not receive their inheritance immediately. Court supervision also means your estate details become public record. Wondering what the legal outcomes are when you die without a will? Click here to learn what it means to die intestate.
What happens when you die with a Will Plan from Trust & Will?
If you pass away with a Trust & Will Will Plan, your estate will go through the standard probate process, but your loved ones will have the benefit of a clear, legally valid plan that outlines your wishes. This can help streamline the process, reduce stress, and ensure your assets and responsibilities are handled correctly.
Here’s what your family and beneficiaries can expect:
1. Probate begins, but with a clear roadmap
Since a Will does not bypass probate, your executor (the person you named in your Will) will file your Will with the probate court. The court will verify its validity and authorize the executor to manage your estate. The probate process typically lasts 6–18 months, depending on the complexity of your estate and state laws.
2. Guardian nominations are honored
If you named a legal guardian for your minor children, the court will follow your wishes unless there are extreme circumstances (such as the guardian being deemed unfit). This ensures your children are cared for by the person you chose, rather than leaving the decision to the court.
3. Asset distribution follows your wishes
Your Will specifies exactly who receives what, whether it’s money, property, heirlooms, or personal belongings. However, assets must go through probate before beneficiaries receive them. If you own assets that don’t require probate (such as life insurance policies, retirement accounts, or jointly owned property), those will transfer directly to the named beneficiaries.
4. Final arrangements are respected
If you included your funeral and burial wishes, your executor will ensure these are carried out. This spares your loved ones from having to make difficult decisions during an emotional time.
5. Medical & financial decisions were outlined in advance
Before you passed, your HIPAA Authorization, Advance Directive, and Power of Attorney (POA) allowed your appointed agents to handle medical and financial decisions on your behalf if needed. After your passing:
HIPAA Authorization ensured the right people had access to your medical records.
Your Advance Directive guided your medical care if you were incapacitated before passing.
Your Power of Attorney (POA) ended upon your death, but it allowed your agent to handle urgent financial matters before the probate process began.
6. Probate complications minimized as much as possible
Even with a Trust & Will Will Plan, probate still applies, meaning your estate will need to settle outstanding debts and taxes before assets can be distributed.
However, through your plan, you will have laid out a clear roadmap that will help reduce the chances of avoidable delays and complications.
The timeline depends on your state’s probate laws and the complexity of your estate, but it usually takes several months to over a year. Probate also comes with court fees and legal costs, which can reduce the total inheritance your beneficiaries receive.
What happens when you die with a living trust?
A Living Trust helps avoid probate by transferring ownership of your assets into the trust while you're still alive. When you die, your successor trustee (whom you appointed) can distribute assets directly to beneficiaries without court involvement.
How a trust works after death
The successor trustee takes over: Instead of an executor, your chosen trustee steps in.
Debts & taxes are paid: Similar to a will, outstanding debts and taxes must be settled.
Assets are distributed: Because probate is bypassed, beneficiaries receive their inheritance faster.
Unlike a will, a trust keeps estate matters private and reduces legal costs. Most estates settle within a few months rather than a year or more.
What happens when you die with a Trust Plan from Trust & Will?
If you pass away with a Trust & Will Trust Plan, your loved ones will experience a faster, smoother estate settlement process compared to a traditional Will-based plan. The Trust Plan includes everything from the Will Plan, plus the trust documents. Since a Revocable Living Trust allows assets to pass directly to beneficiaries without going through probate, your family can avoid court delays, reduce costs, and maintain privacy.
Here’s what your family and beneficiaries can expect after your passing:
1. No probate – a faster, private process
Unlike a will, a living trust does not require probate, meaning your assets can be distributed more quickly—often within a matter of weeks or months instead of 6–18 months for a probate case. Your successor trustee (the person you named to manage your trust after your passing) will handle all estate matters without court involvement.
Additionally, because a trust is private, your financial details and beneficiaries remain confidential—unlike a will, which becomes public record during probate.
2. Guardian nominations are honored
If you named a legal guardian for your minor children, the court will respect this decision unless there are extraordinary circumstances. Your Trust Plan provides clear instructions, ensuring your children are cared for by the person you chose.
3. Direct & efficient asset distribution
Your Trust Plan includes a Schedule of Assets, which lists all the property and accounts you transferred into the trust. Upon your passing, your successor trustee will distribute these assets according to your wishes, without waiting for court approval. This means beneficiaries receive their inheritance faster and with fewer legal complications.
Any non-trust assets (such as retirement accounts and life insurance policies) that have designated beneficiaries will transfer automatically.
Tip: Once you set up your trust, be sure to properly fund your trust with your assets and property. Simply listing your assets in your Schedule of Assets does not suffice. Learn how to fund your trust here.
4. Final arrangements are carried out as you intended
Your Trust Plan outlines your final wishes, including burial, cremation, or memorial preferences. Since your trustee has immediate authority to act, your final arrangements can be carried out without delays or family disagreements.
5. Medical & Financial Decisions Were Already Handled
Before you passed, your HIPAA Authorization, Advance Directive, and Power of Attorney (POA) ensured that trusted individuals could manage your medical and financial affairs. After your passing:
HIPAA Authorization ensured your designated individuals had access to your medical records.
Your Advance Directive guided your medical care if you were incapacitated before passing.
Your Power of Attorney (POA) ended upon your death, but it allowed your agent to handle financial matters while you were still alive.
6. The role of the certification of trust
A Certification of Trust is a summary document that proves the existence of your trust without disclosing all private details. Your trustee can use this document to handle financial matters without having to present the full trust agreement, making the process even smoother.
7. Lower costs & shorten timelines
Because your trust bypasses probate, your loved ones won’t have to pay court fees, probate attorney costs, or wait for a long court process to settle your estate. Instead of months or years, a Trust Plan typically allows beneficiaries to receive their inheritance within weeks to a few months.
Will vs. Trust: Key Differences
A trust is typically recommended for those who want to avoid probate, maintain privacy, and have greater control over asset distribution.
Which estate plan is right for you?
If you want a simpler and lower-cost estate plan, a will may be sufficient. However, if you prefer to avoid probate, protect your privacy, and ensure a faster inheritance process, a trust is a better option.
No matter your choice, having an estate plan in place is crucial. Understanding what happens when you die allows you to make informed decisions and protect your loved ones. By planning ahead, you ensure your wishes are carried out with minimal hassle.
At Trust & Will, we’re here to help keep things simple. You can create a fully customizable, state-specific estate plan from the comfort of your own home. Take our free quiz to see where you should get started, or compare our different estate planning and settlement options today!
Is there a question here we didn’t answer? Browse more topics in our learn center, visit our Frequently Asked Questions (FAQ) page, or chat with our member support!
Trust & Will is an online service providing legal forms and information. We are not a law firm and we do not provide legal advice.
Share this article