Should You Create a Will or a Trust in Indiana?

If you want to make sure your property goes to the right people when you die, you have two primary estate planning tools to choose from: a will or a trust. Each serves a different purpose and offers its own benefits. Deciding which one is right for you depends on your goals, your family situation, and how you want your estate handled after you pass away.

Both wills and trusts help distribute your assets, but they work in different ways. Understanding the differences now can help you avoid confusion, delays, and unnecessary costs later. You do not have to figure it out alone. Working with an estate planning attorney ensures you choose the best path forward for your specific needs.

How a Will Works Under Indiana Law

A will is a legal document that directs how your property should be distributed when you die. You can use a will to name beneficiaries, appoint a personal representative, and choose a guardian for minor children. It also allows you to spell out your funeral preferences or leave specific gifts to friends and relatives.

When you die with a valid will, your estate goes through probate. This is the court-supervised process where your debts are paid and your assets are distributed according to your instructions. In Indiana, probate can take several months to complete. Although it is a public process, it may still be manageable for smaller or simpler estates.

Wills are relatively inexpensive to create and update. If you want a straightforward document that names beneficiaries and outlines your wishes, a will may meet your needs. Just keep in mind that a will alone does not help you avoid probate.

What a Trust Can Do for You

A trust is a legal arrangement where you transfer ownership of your assets to a trustee who manages them for your benefit during your life and then distributes them according to your instructions after your death. Unlike a will, a trust can take effect during your lifetime and does not require probate when properly funded.

One major advantage of a trust is privacy. While probate is public, a trust keeps your estate affairs confidential. A trust can also save time and reduce costs for your heirs by avoiding the court system entirely. This is especially helpful if you own property in multiple states, want to place restrictions on distributions, or anticipate family disputes.

In Indiana, revocable living trusts are commonly used for estate planning. You can change or revoke the trust at any time while you are alive and competent. Once you die, the trust becomes irrevocable, and the trustee follows your instructions. Unlike a will, a trust can also manage your affairs if you become incapacitated, reducing the need for a court-appointed guardian.

Choosing Between a Will and a Trust

If you have minor children, want to name a guardian, or only need to direct the distribution of personal property, a will may be enough. If you have significant assets, want to avoid probate, or care about privacy, a trust could be the better choice.

For many Indiana residents, a combination of both tools works best. You can use a trust to handle most of your assets and a simple will—called a pour-over will—to transfer any remaining property into the trust at death.

Every estate plan is unique. You need to consider the size of your estate, your family dynamics, and whether you want to make distributions over time. You may also want to plan for disability or protect assets for children from a prior relationship. These goals are easier to achieve with careful planning and professional guidance.

Call Padove Law to Build the Right Estate Plan for Your Family

Whether you choose a will, a trust, or both, the right estate plan gives you peace of mind and protects your loved ones from avoidable stress. Do not leave your legacy to chance. Let a trusted legal team help you understand your options and put the right documents in place.

Contact Padove Law at (877) 448-8585 to schedule a consultation. Take the next step toward building a plan that meets your goals, respects your values, and gives your family the security they deserve.