Wills vs. Trusts: What’s the Right Fit for Your Family in Minnesota?
If you're starting to think about your estate plan, you've probably come across two key tools: wills and trusts. But what’s the difference between them—and which one should you choose? The answer depends on your goals, your assets, and your family’s needs. Here’s a breakdown of how each option works under Minnesota law, and how to decide what’s right for you.
A will is a legal document that spells out your wishes after you pass away. In Minnesota, it allows you to name guardians for minor children, choose who inherits your assets, and appoint someone (called a personal representative) to handle your estate. Even with a will in place, your estate will likely need to go through probate—a court-supervised process for settling debts and distributing property. For many families, that’s not a problem. Minnesota offers both formal and informal probate options, and a well-drafted will can make the process smoother.
A trust, on the other hand, can help you avoid probate entirely provided the trust is properly funded. When you create a trust, you transfer ownership of certain assets into the trust itself—meaning those assets are no longer part of your “probate estate” when you pass away. A trust gives you more control over how and when your assets are distributed, and can also help protect privacy since trusts typically don’t go through the public court system.
In Minnesota, many families choose a revocable living trust, which allows you to manage the assets during your lifetime and make changes as needed. Once you pass away, the trust becomes irrevocable and your chosen trustee carries out your instructions.
So, how do you know which one is right for you? If your estate is relatively simple and you’re primarily concerned with naming guardians for your children and outlining your wishes, a will might be enough. If you want to avoid probate, maintain privacy, or plan for a more complex distribution over time, a trust may be the better fit.
It’s also worth noting that many Minnesotans use both. A trust can handle the distribution of major assets like real estate or investment accounts, while a simple will can still name guardians or take care of personal belongings.
No matter which option you choose, it’s important to make sure your documents comply with Minnesota law—and that they work together with things like beneficiary designations and powers of attorney.
We help families throughout Rochester, Lake City, Cannon Falls, and beyond build estate plans that reflect their values, avoid complications, and bring peace of mind.
Ready to explore your options? We’re happy to walk you through the differences and
help you choose the right approach for your situation.
