What is the Difference Between a Will and a Trust?

Community Contributed
By Eileen M.S. Nims, J.D
This is one of the most common questions I receive as an estate attorney. The quick answer is that a trust does not go through probate court and a will does. Probate is a process that requires the family of a deceased person to open a case in the court of the county where the deceased person lived. So for Molokai, the probate case gets filed in Maui County. The will gets deposited with the court together with the petition to open the case. The court will then approve the executor and will monitor the progress this executor makes for the duration of the probate process.…