Estate Planning

Why 2026 is the Year to Finally Build Your Revocable Living Trust

February 24, 2026
Kent Phelps

Turning Your “Someday” Into Today

The turn of a new year is a powerful psychological threshold. As we step into 2026, many of us are looking at fresh calendars and promising to finally tackle the “big” items on our to-do lists. For many families, there is one item that has been sitting on that list for years, often migrating from one year’s planner to the next: setting up a Revocable Living Trust.

We see it every day in our practice. Clients walk through our doors, and their first words are often, “I’ve known I needed to do this for years…” If that sounds familiar, you aren’t alone. Estate planning feels heavy because it requires us to confront our mortality and make complex decisions about our legacy.

However, procrastination in estate planning isn’t just a minor delay—it’s a risk. As we begin 2026, here is why this is the perfect moment to stop “thinking about it” and start protecting what matters most.

The Cost of Procrastination:Avoiding Probate Court

When you delay creating an estate plan, you aren’t just putting off paperwork; you are choosing a default plan created by the state. Without a trust, your estate may be headed for Probate Court.

Probate is the court-supervised process of distributing your assets. In 2026, court systems remain backlogged, and the process is more expensive and public than ever. A probate case can easily drag on for 18 months or more, during which your heirs may have limited access to the funds they need for daily expenses. By committing to a trust this year, you are effectively gifting your family a future free of legal red tape and unnecessary stress.

Who Needs a Revocable Living Trust?

A common misconception is that trusts are only for the ultra-wealthy. While high-net-worth individuals certainly utilize them, the Revocable Living Trust is actually a foundational tool for the middle class. You should consider a trust-based plan if:

  • You Own Real EstateIf you own a home or land, a simple Will is often insufficient to avoid probate. A trust allows the property to pass to your beneficiaries instantly upon your passing.
  • You Have Minor ChildrenA trust allows you to name a guardian and, more importantly, control how and when your children receive their inheritance. You can ensure the money is used for education and healthcare rather than being handed over in a lump sum the moment they turn 18.
  • You Value PrivacyUnlike a Will, which becomes a public record once filed with the court, a Revocable Living Trust is a private document. Your assets, your beneficiaries, and your specific instructions remain confidential.
  • You Want to Plan for IncapacityA trust doesn’t just manage your assets after you die; it protects you while you are alive. If you become ill or unable to manage your affairs, your hand-picked successor trustee can step in and manage your finances without the need for a court-ordered conservatorship.

The Benefits:Why “Revocable” is the Key to Wealth Protection

The beauty of a Revocable Living Trust lies in its flexibility. Many people hesitate to start because they fear locking their assets away.

In a revocable structure, you maintain total control. You are the Grantor (the person who creates it) and usually the Trustee (the person who manages it). You can sell assets, buy new property, change beneficiaries, or even dissolve the trust entirely at any time. It is a “living” document that evolves with your life. Whether you get married, divorced, have more children, or move to a new home in 2026, your trust can be updated to reflect your current reality.

How to Overcome the “Inertia of Estate Planning”

If you’ve been procrastinating, the best way to move forward is to break the process into small, manageable steps. You don’t need to have every answer ready today.

  • Step 1: Schedule a ConsultationThe hardest part is making the first call. An experienced estate planning attorney will guide you through the decision-making process.
  • Step 2: Take InventoryBriefly list your major assets (home, bank accounts, retirement funds) and who you want to protect.
  • Step 3: Choose Your “People”Think about who you trust to be your successor trustee, who you would want to make your medical decisions for you if you become incapacitated, and who the legal guardians for any minor children would be if something happened to both parents.

Make 2026 the Year of Peace of Mind

We often think of estate planning as something we do for ourselves, but in reality, it is the ultimate act of love for those we leave behind. It is about ensuring that your spouse isn’t stuck in court, that your medical decisions are made by the people you choose, and that your hard-earned legacy isn’t diminished by avoidable taxes and legal fees.
Don’t let another year slip by with the weight of “I should have done that” hanging over your head. Resolve to check this off your list once and for all.

Contact Us to Secure Your Family’s Future

Ready to get started? Contact our firm today to schedule a consultation. Let’s make 2026 the year you finally secure your family’s future.

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Kent Phelps

TRAJAN ESTATE COFOUNDER AND ATTORNEY​ - As a second-generation estate planning attorney with over 25 years of experience, Kent Phelps appreciates the positive impact a customized estate plan can have on his clients and the generations that follow. Kent has been admitted to the State Bar of Arizona. He received his Bachelor’s degree from Arizona State University and his J.D. from the University of the Pacific. Additionally, he is a member of the Wealth Counsel and the Arizona State Bar Probate & Trust Section.