01/28/2026
Will + Transfer-on-Death Instrument vs. Revocable Living Trust: Which One’s Right for You?
I get this question constantly: “Do I really need a trust, or can I just do a will with a transfer-on-death instrument (TODI)?”
The honest answer: both work, depending on your situation.
The Will/TODI approach is simpler and cheaper upfront. You keep a will, add transfer-on-death designations to your real estate and bank accounts, and everything passes directly to your beneficiaries when you die. No probate, no court.
The catch? You have to remember to add those designations every time you buy property or open a new account. Miss one, and that asset goes through probate anyway. And if you become incapacitated and need to sell real estate, your power of attorney *should* work, but banks and title companies can be skittish, which sometimes means court intervention.
The trust approach costs more upfront and requires retitling your assets into the trust. But once it’s funded, everything passes privately without court involvement, your successor trustee can step in seamlessly if you’re incapacitated, and you can add protections if your kids are minors, have creditor issues, are in rocky marriages, or just aren’t great with money yet.
Think of it this way: the will/TODI plan is a direct handoff. Clean and simple if nothing goes wrong. The trust is a controlled landing. More structure, more protection, more flexibility if life gets complicated.
Which one makes sense depends on your assets, your family situation, and how much risk you’re comfortable with. That’s what the conversation is really about.
Questions? That’s what we’re here for.