What’s the Difference Between a Will and a Trust in Missouri?

Corey Inskip

A will and a trust both help you control what happens to your assets, but they work in very different ways under Missouri law. A will takes effect after death and must go through probate, while a trust can manage assets during your lifetime and often allows them to pass to loved ones without court involvement. Understanding the difference helps you choose the right estate plan for your goals, your family, and your peace of mind.

 

One of the most common questions we hear at The Inskip Law Firm is:

“Do I need a will, a trust, or both?”

 

It’s a great question—and an important one. Wills and trusts are both core estate planning tools, but they serve different purposes. Choosing the right option isn’t about picking what sounds more official; it’s about understanding how each one works and how it fits into your life.

 

As a St. Louis estate planning attorney, Corey Inskip takes the time to explain these differences clearly, so clients never feel unsure about what they’re putting in place—or why.

 

Let’s walk through how wills and trusts work in Missouri, the key differences between them, and how to decide what’s right for you.

 

What Is a Will in Missouri?

 

A will is a legal document that explains who should receive your assets after your death, who should serve as your personal representative (executor), and who should be guardian for minor children.

 

In Missouri, a will only takes effect after death, must go through probate court, and becomes part of the public record.

 

A will is often the starting point for estate planning—and for many people, it’s an essential piece of the puzzle. However, it’s important to understand what a will does and what it does not do.

 

What Is a Trust?

 

A trust is a legal arrangement that holds and manages assets for your benefit during your lifetime and for your beneficiaries after death.

 

The most common type used in estate planning is a revocable living trust. With this type of trust, you can serve as your own trustee, keep full control of your assets, change or revoke the trust at any time, and allow assets to pass to loved ones without probate.

 

Unlike a will, a trust can take effect during your lifetime, which makes it a powerful planning tool for both asset management and long-term clarity.

 

The Key Differences Between a Will and a Trust

 

When They Take Effect

A will takes effect only after death.
A trust can operate during life and after death.
This difference alone changes how assets are managed and distributed.

 

Probate

A will must go through probate.
A trust typically avoids probate.
Probate can take time, cost money, and add stress for loved ones, which is why many clients choose trusts to simplify things for their family.

 

Privacy

A will becomes public record once probated.
A trust remains private.
For families who value discretion, this is often a deciding factor.

 

Control During Incapacity

A will does nothing if you become incapacitated.
A trust allows a successor trustee to step in, keeps finances managed without court involvement, and works alongside powers of attorney for seamless protection.

 

Complexity and Flexibility

A will is simpler but limited.
A trust is more flexible and comprehensive.
Trusts are often used to avoid probate, manage assets for children or beneficiaries, and provide continuity if something unexpected happens.

 

Do You Need a Will, a Trust, or Both?

 

For many Missouri families, the answer is both.

 

A trust often serves as the foundation of the estate plan, while a will acts as a backup document—sometimes called a pour-over will—to ensure nothing is left behind.

 

At The Inskip Law Firm, estate planning is never one-size-fits-all. The right approach depends on the type of assets you own, whether you want to avoid probate, family dynamics, and long-term goals.

 

Common Misconceptions About Wills and Trusts

 

“Trusts are only for wealthy people.”

Not true. Many middle-income families use trusts simply to avoid probate and reduce stress for loved ones.

“A will avoids probate.”

It doesn’t. A will must go through probate to work.

“Once I create a trust, I lose control.”

With a revocable living trust, you remain fully in control.

Clearing up these misunderstandings is a big part of what we do—because confidence comes from understanding.

 

Why Education Matters in Estate Planning

 

Estate planning should leave you feeling prepared, not puzzled.

 

When you work with The Inskip Law Firm, you’ll never walk away wondering what your documents do, how they work together, or whether they’ll actually do what you need them to do. Our focus is on long-term confidence—not just paperwork.

 

How a St. Louis Estate Planning Attorney Can Help

 

Missouri estate law has specific rules, and small mistakes can lead to unintended outcomes. Working with a local attorney ensures your plan complies with Missouri law, reflects your real-life goals, and holds up when it’s needed most.

 

With more than 20 years of experience serving St. Louis families, Corey Inskip brings clarity, care, and practical guidance to every plan.

 

Take the Next Step With Confidence

 

If you’re deciding between a will and a trust—or wondering whether your current plan still fits your life—you don’t have to figure it out alone.

 

Schedule a free consultation with a St. Louis estate planning attorney who takes the time to explain your options and help you move forward with confidence.

 

The right plan isn’t just about documents—it’s about peace of mind, now and years from now.