Do I Need a Will If I Have a Living Trust in Utah?

If you already have a living trust, you may wonder:

“Do I still need a will?”

For most people who create a revocable living trust, the answer is yes.

A living trust can be the primary document used to manage and distribute your assets, but a will still serves several important purposes. In a trust-based estate plan, the will is often designed to work together with the trust, rather than replace it.

This type of will is commonly called a pour-over will.

What Is the Difference Between a Will and a Living Trust?

A will and a living trust can both provide instructions about what happens to property after death, but they work differently.

A Will generally:

● Is Testamentary (takes effect at death) 

● Names a personal representative to administer the probate estate 

● Provides instructions for property passing through the will 

● Handles tangible personal property

● Can nominate guardians for minor children (so do stand-alone nominations of guardianships, which are generally preferred)

● Does not, by itself, avoid probate 

A Trust "Revocable Living Trust:

● Is created during your lifetime 

● Can own and manage assets while you are alive 

● Can provide instructions if you become incapacitated 

● Names a successor trustee to manage trust property 

● Can distribute assets after your death 

● Protect your legal rights in several unforeseeable circumstances, such as death of beneficiaries, disabilities, drugs/alcohol use, divorces, debts, and general drama

● If properly funded, can transfer real property and bank accounts to beneficiaries without the involvement of the court.

● Can generally avoid probate for assets properly transferred into the trust 

This is why many Utah estate plans use both documents.

What Is a Pour-Over Will?

When someone creates a living trust, their estate plan will commonly include a pour-over will.

A pour-over will is designed to direct certain assets remaining in your individual name at death into your trust, so those assets can ultimately be distributed according to the trust's instructions.

Think of it as a backup for your living trust.

For example, suppose you create a trust and transfer your home and bank accounts into it. Several years later, you acquire another asset but never transfer it into the trust. This happens a lot more frequently than one might think.

Your pour-over will may direct that asset into your trust after your death.

However, there is an important limitation.

Does a Pour-Over Will Avoid Probate?

Not necessarily.

A pour-over will does not automatically move an asset into your trust without probate.

If an asset remains in your individual name when you die and does not otherwise pass through a beneficiary designation, joint ownership arrangement, or another non-probate method, probate may still be required before the asset can ultimately be transferred to your trust.

That is why a pour-over will should generally be viewed as a backup, in the event something is left out of the trust, not a substitute for properly funding your living trust.

Related: How to Fund a Living Trust in Utah

Why Have a Will If the Trust Already Says Who Gets Everything?

Because not every issue is handled simply by transferring assets into a trust.

A will can provide another layer of protection for your overall estate plan.

One important example involves minor children.

A Will Can Nominate Guardians for Minor Children

For parents of minor children, one of the most important functions of a will is the ability to nominate the person or people they would want to serve as guardian if both parents die or otherwise cannot care for the children.

A living trust primarily addresses the management and distribution of property. It does not replace the role a will can play in nominating a guardian.

The court ultimately determines guardianship based on applicable Utah law and the circumstances, but having your wishes clearly documented can be extremely important.

Your Will and Trust Should Work Together

A properly designed trust-based estate plan is not simply a collection of unrelated documents.

The documents should work together.

A comprehensive estate plan may include:

● Revocable living trust 

● Pour-over will 

● Durable financial power of attorney 

● Advance healthcare directive 

● Beneficiary designations 

● Property deeds 

● Assignments of personal property 

● Declaration of Trust

● Certification of Trust

● Other documents appropriate for your circumstances 

Each document has a different purpose.

Your trust may be the centerpiece of the estate plan, while the other documents address situations the trust cannot handle by itself.

What Happens If I Forget to Put Something in My Trust?

This is one of the reasons a pour-over will is important.

People acquire new property throughout their lives. They may:

● Open a new bank or investment account 

● Purchase additional real estate 

● Start or acquire a business 

● Receive an inheritance 

● Purchase valuable personal property 

● Move assets between financial institutions 

If an asset that should have been placed into the trust remains outside of it at death, the pour-over will can provide instructions directing the asset to the trust.

But depending on the type and value of the asset, probate may be required first.

This is why trust funding should not be viewed as a one-time event.

Your estate plan should be reviewed periodically as your assets and circumstances change.

Related: What Assets Should Go Into a Living Trust in Utah?

Does Everything Need to Go Into My Trust?

No.

Some assets may remain outside your trust intentionally.

For example, retirement accounts such as IRAs and 401(k)s are generally not retitled into the name of a revocable living trust during the owner's lifetime (unless there are specific reasons, such as with minors, incapacitated individuals, and addicted individuals). Instead, those accounts typically pass according to their beneficiary designations. By naming the trust as a beneficiary.

Life insurance also generally passes according to the beneficiary designation on the policy.

That is why estate planning involves more than simply creating a trust and transferring everything you own into it.

Each asset should be reviewed individually.

Does Having Both a Will and Trust Mean My Family Will Go Through Probate?

No.

Simply having a will does not mean your estate must go through probate.

Whether probate is necessary depends largely on the assets you own at death and how those assets are titled or designated.

If your living trust has been properly funded and your other assets have appropriate beneficiary arrangements, there may be little or nothing remaining in your individual probate estate.

The will remains available as a backup if it is needed.

Related: What Is Probate in Utah?

What Happens to My Will When I Create a Trust?

When a new trust-based estate plan is created, an existing will should be reviewed.

You should not assume an old will automatically works correctly with your new trust.

For example, an older will may contain beneficiary instructions that no longer match your wishes or may have been written before your current trust existed.

Your estate-planning documents should be coordinated so they do not unintentionally conflict with one another.

Do I Need a Will If I Have a Trust in Utah?

For most people using a revocable living trust as the foundation of their estate plan, a pour-over will is still an important part of the plan.

The trust and will perform different jobs.

Your living trust can hold and manage assets, provide for incapacity, and distribute trust property after death.

Your will provides an important backup for assets left outside the trust and can address matters such as the nomination of guardians for minor children.

The goal isn't to choose between a will or a trust.

The goal is to make sure all of your estate-planning documents work together.

Need Help With Your Utah Estate Plan?

Integrity Law helps individuals and families in Tooele, Davis, Utah and Salt Lake Counties and throughout Utah create coordinated estate plans using wills, living trusts, powers of attorney, and healthcare directives.

Integrity Law — Wills & Trusts
435-277-0529

IntegrityLawOffice.com

This article is provided for general educational purposes only and is not legal advice. Estate-planning requirements depend on individual circumstances and applicable law.

Bryan Cowley, Esq.

Estate Planning Attorney | Founder of Integrity Law

Bryan Cowley is the founder of Integrity Law in

Tooele, Utah, His practice focuses exclusively on

estate planning, including revocable living trusts, wills,

powers of attorney, healthcare directives, and trust

administration.

Bryan has the heart of an educator and wants his

clients to understand and not be overwhelmed.

Through articles like this, he is committed to

educating Utah families on wills, trusts and estate

planning so they can make informed decisions about

protecting what matters most.

📞 (435) 277-0529

 📍7 S Main Street Suite 316 Tooele, Utah

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Article Information 

Last Updated: October 19, 2026

Reviewed By: Bryan Cowley, Utah Estate Planning

Attorney

Practice Areas:

• Revocable Living Trusts
• Wills
• Powers of Attorney
• Trust Administration