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Will or living trust? Answer 9 questions

This tool asks 9 questions about your home, family, and goals. It shows whether a will, a living trust, or a conversation with a lawyer may be a good place to start. It is written for people in Colorado and Arizona. It gives general information, not legal advice, and your answers stay on your device.

This website gives general information, not legal advice. Reading it, calling us, emailing us, or sending us a form or documents does not make you our client. We represent you only after we both sign an engagement agreement. Please don’t send confidential details before then. This tool gives general information about Colorado and Arizona estate planning. Your result is a starting point for a conversation, not legal advice for your situation.

We count that the tool was used and which result was shown. Your answers stay on your device.

Do you own a home or land?

Count any house, condo, cabin, or land you own, alone or with a spouse.

Do you have children or grandchildren under 18 who might inherit from you?
Do you have a blended family, such as children from an earlier marriage?
Does someone you’d leave money to have a disability and receive benefits, like SSI or Medicaid?
Is it important to you that your will isn’t filed with a court?

A will that goes through probate is filed with the court. Property in a funded trust usually passes without a court filing.

Would you rather your family not go through probate, even if it means more paperwork for you now?

Probate is the court process for settling an estate after a death. A trust, a beneficiary deed, or payable-on-death accounts can each keep some property out of it.

Do most of your savings already name who gets them, like a beneficiary on an IRA or a payable-on-death bank account?
Is keeping the cost of your plan low today one of your main goals?
Could everything you own be worth more than the federal estate tax exclusion?

For 2026 deaths, the exclusion is $15,000,000 per person. If you aren’t sure, choose Not sure.

To see a result, this page needs JavaScript. Or call us at 720-806-2069, and we’ll talk it through. You can also read all three possible results below.

How does this tool work?

Each answer can add points toward a will or toward a living trust, a trust you set up during your life to hold your property. “Not sure” adds nothing. The tool then compares the two totals:

  1. If 3 or more answers are “Not sure,” or left blank, the result is to talk it through.
  2. If your estate may be over the federal estate tax exclusion, the result is also to talk it through. For 2026 deaths, the exclusion is $15,000,000 per person (IRS Rev. Proc. 2025-32).
  3. If the trust total is at least 3 more than the will total, the result is a living trust.
  4. If the will total is the same or higher, the result is a will-based plan.
  5. Anything in between is to talk it through.
How each answer is scored
Question Answer Adds
Home or land No Will +2
Home or land Yes, in one state Trust +1
Home or land Yes, in both states Trust +3
Blended family Yes Trust +2
Children or grandchildren under 18 Yes Trust +1
Will not filed with a court Yes / No Trust +1 / Will +1
Rather avoid probate Yes / No Trust +1 / Will +1
Savings already name who gets them Yes Will +1
Keeping the cost low today Yes Will +1

Some answers also add a short note. Examples include owning a home, children under 18, and a family member who receives benefits. A beneficiary deed, a deed that passes a home at death, counts as one way to avoid probate on either side.

Nothing you enter is stored, sent, or added to the web address. We count that the tool was used and which result was shown. Your answers stay on your device.

What do the results mean?

There are three possible results. Each one is a starting point for a conversation, not a decision. For a side-by-side comparison, see our will and living trust table.

A will-based plan may fit

Based on your answers, a plan built around an up-to-date will may cover what matters most to you. Many will-based plans also include financial and medical powers of attorney. Property in your name alone goes through probate. That is the court process for settling an estate, and the will is filed with the court. Beneficiary forms, payable-on-death accounts, or a beneficiary deed can pass some property without it. Small estates may also qualify for a simpler process in both states. We’ll go through this with you at your consultation.

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A living trust may be worth discussing

Based on your answers, a living trust may be worth discussing. A funded living trust can let property pass to family without probate, and a trust isn’t filed with a court. It usually costs more and takes more work up front: each home and account has to be moved into the trust, and a trustee still has duties after a death. A pour-over will catches anything left outside the trust, but that property may still go through probate. We’ll go through this with you at your consultation.

Request a call

It depends on details worth talking through

Your answers point in more than one direction, several were Not sure or left blank, or your estate may need tax planning. That’s common. A will or a living trust could fit, and the choice depends on details like how your property is titled, your family, and your goals. This is worth discussing with a lawyer who can look at the whole picture. No preparation is required before you call. We’ll go through this with you at your consultation.

Request a call

If this page can’t show your result, you can read all three above, then call us at 720-806-2069 or request a call, and we’ll talk it through.

Questions people ask

Does this tool tell me whether I should get a will or a trust?

No. It points to a good starting point for a conversation, based on a few common factors. A lawyer looks at much more, like how your property is titled and what your family needs. Many people use the result to decide what to ask about at their first meeting.

Are my answers saved or sent anywhere?

No. Your answers stay in your browser. They aren’t stored, sent to us, or added to the web address. We count that the tool was used and which result was shown, never your answers. Start over clears them.

What if I already have a will or a trust?

The tool still works. Your result shows a common starting point for someone in a similar situation. If your documents are more than five years old, or your life has changed since you signed them, a review is worth considering. Many people review their plan every three to five years.

Estate Planning

Estate planning means putting in writing who gets your property, who acts for you if you can’t, and who cares for your young children.

Wills

A will is a signed document that says who gets your property, who settles your estate, and who should raise your children under 18.

Living Trusts

A living trust holds your property while you’re alive and passes it to your family without probate, if the trust is funded.

What to bring

Bring any legal documents you already have.

Request a complimentary consultation

Tell us how to reach you. We’ll call you within one business day to set up your complimentary consultation.

Three short questions.

Rather talk now?

Call 720-806-2069

Mon–Thu 9 a.m.–5 p.m., Fri 9 a.m.–3 p.m.

To request a consultation, call 720-806-2069 or visit kleinestatelaw.com/contact/

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Klein Law Firm, P.C. · 8310 S. Valley Highway, Suite 300, Englewood, CO 80112, 720-806-2069 · 11811 N. Tatum Boulevard, Suite 3031, Phoenix, AZ 85028, 602-953-7753 · kleinestatelaw.com

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