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

Estate planning isn't just for the wealthy—it's for anyone who wants a say in what happens to their assets, children, or legacy. But one of the most common questions we hear is: Do I need a will, a trust, or both?

At Steele Ritchie LLC, we help individuals and families in Mobile and beyond create estate plans that make sense for their unique needs. Here’s what you need to know about wills and trusts in Alabama.

What Is a Will?

A will is a legal document that:

Names who inherits your property
Appoints guardians for minor children
Names an executor to carry out your wishes

A will only takes effect after death, and it must go through probate, the court process that validates your will and oversees distribution of assets. If you die without a will (intestate), Alabama law determines who gets what—and it may not be who you’d choose.

What Is a Trust?

A trust is a legal arrangement where one party (the trustee) holds and manages assets for the benefit of another (the beneficiary). There are different types of trusts, but the most common is a revocable living trust.

Key benefits of a trust:

Avoids probate: Your assets can pass directly to beneficiaries without court involvement.
Keeps things private: Unlike wills, trusts aren’t part of the public record.
Provides control: You can set rules for when and how assets are distributed.
Can manage assets during incapacity: If you become disabled, your successor trustee can step in without the need for a court-appointed guardian.

Do You Need Both a Will and a Trust?

In many cases, yes. A trust handles the distribution of major assets, while a “pour-over” will covers anything not placed in the trust and names guardians for children.

Start the Conversation Now

Estate planning isn’t just about paperwork—it’s about peace of mind. Our experienced team at Steele Ritchie LLC will help you create a plan that fits your life, protects your loved ones, and honors your wishes.

Reach out today to get started with a free consultation.

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