I have a trust within my will according to my attorney, why do I need a trust? Follow If your assets are owned in your estate at your death, your estate will be subject to probate. Related articles Where is the domestic partner option? An older version of the Must Have Documents allowed for this selection and I can't find it anymore. Next Steps once you complete Your Documents If I am the executor can I hire someone to do certain tasks such as cleaning out a home? If I don't have any assets what other documents besides a will do I need? What is the difference between the terms 'Revocable Living Trust' and 'Revocable Trust'?