As 2026 approaches, Georgia families are taking a closer look at their estate plans. With potential federal tax changes on the horizon, rising probate awareness, and more digital assets than ever before, choosing the right estate planning tool matters. The two most common options — a will and a revocable living trust — serve different purposes, and the right choice depends on your goals, assets, and family dynamics.
Here’s a clear guide to help you decide whether a will or a trust is the best fit for your 2026 estate plan.
What a Will Does in Georgia
A will provides instructions for how your assets should be distributed after you pass away. It also allows you to:
- Name an executor
- Designate guardians for minor children
- Direct how personal items should be distributed
- Make charitable gifts
- Provide funeral or burial preferences
However, wills must go through probate, which involves court supervision and can lead to delays, costs, and lack of privacy.
Learn more on our Estate Planning Services page.
What a Revocable Living Trust Does
A revocable living trust is a private legal arrangement that holds your assets during your lifetime and distributes them after death. Unlike a will, a trust:
- Avoids probate entirely
- Protects your privacy
- Allows faster distribution of assets
- Helps manage your finances if you become incapacitated
- Provides more control over how and when beneficiaries receive assets
Trusts are especially helpful for families who want efficiency and protection.
See our Trusts & Estate Planning page for details.
Major Differences Between a Will and a Trust in 2026
Here’s a simple comparison to help clarify the distinction.
| Feature | Will | Revocable Living Trust |
|---|---|---|
| Requires probate | Yes | No |
| Becomes public | Yes | No |
| Protects privacy | Limited | Strong |
| Helps during incapacity | No | Yes |
| Controls distribution timing | Limited | Strong |
| Oversees minor children’s inheritance | Only through court-appointed conservator | Full control through trustee |
| Cost to create | Lower upfront | Higher upfront |
| Cost after death | Higher (probate fees) | Lower |
| Best for | Simple estates | Growing or complex estates |
When a Will Is Enough Going Into 2026
A will can be the right choice if:
- You have a simple estate
- Your assets are modest and easy to transfer
- You don’t mind probate
- You don’t need ongoing control after death
- You need a basic plan quickly
- You want a straightforward way to name guardians for children
Most Georgia residents should at least have a will, even if they also use a trust.
When a Trust Is the Better Choice in 2026
A revocable living trust is especially valuable if:
- You want to avoid probate
- You own real estate (especially in more than one state)
- You have minor children
- You want to protect young or vulnerable beneficiaries
- You expect federal estate tax changes in 2026
- You want to keep your estate private
- You want smoother financial management if you become incapacitated
- You’re part of a blended family
- You own a business, rental property, or a large investment portfolio
Trusts help families avoid delays, disputes, and court involvement — all increasingly important going into a year of legal and financial uncertainty.
The Impact of 2026 Tax Changes on Your Decision
The federal estate and gift tax exemption is expected to drop significantly in 2026 unless Congress extends current laws.
This means:
- More families may face estate tax exposure
- Large gifts made before the change may offer tax advantages
- Trust planning becomes more important for wealth preservation
Even families who never expected to worry about taxes may want to consider trust-based planning.
How Beneficiaries Influence Your Decision
Your beneficiary structure plays a major role in choosing between a will and a trust.
A trust offers better solutions for:
- Minor children
- Beneficiaries with disabilities
- Children from multiple marriages
- Beneficiaries with financial struggles
- Adult children you want to protect from creditors or divorce
- Loved ones who need long-term support
A will offers limited ways to protect beneficiaries and often requires court oversight.
How Probate Factors Into Your Choice
Probate in Georgia is simpler than in many states, but it still brings:
- Delays
- Costs
- Public records
- Required filings
- Creditor claims
- Potential disputes
A trust eliminates nearly all of those issues and provides a smoother, private transition.
See our Probate Lawyer page for more details on probate challenges.
Combining a Will and a Trust
Most Georgia families benefit from using:
- A revocable trust to handle assets
- A pour-over will to catch anything not titled in the trust
- Updated beneficiary designations
- Financial and medical powers of attorney
Using both gives you complete coverage for all scenarios.
Final Thoughts
Going into 2026, choosing between a will and a trust depends on your goals for privacy, efficiency, protection, and tax planning. A will ensures your wishes are documented, while a trust offers stronger control, privacy, and smoother administration.
If you’re unsure which option fits your needs, Hurban Law can help you analyze your assets, family situation, and long-term goals to build the right estate plan for 2026 and beyond.
