What is a will?

A will, or last will and testament, is a legal document that specifies how your assets should be distributed after death, names an executor to carry out your wishes, and can designate guardians for minor children. Without one, state intestacy law decides who inherits — and a court decides who raises your children.

Section 01

What a will covers

  • Who inherits assets held in your sole name — property, vehicles, cash, possessions
  • Who administers the estate (the executor) and whether they must post a bond
  • Who becomes guardian of minor children, which is often the single most important clause
  • Specific gifts of named items, and who receives what is left over (the residuary estate)
  • Instructions for pets, digital accounts and charitable gifts
Section 02

What a will does not control

Beneficiary designations beat the will. Retirement accounts, life insurance and any account marked payable-on-death pass directly to the named beneficiary, whatever the will says.

Jointly owned property with right of survivorship passes to the surviving owner automatically. Assets already inside a living trust are governed by the trust, not the will.

Key takeaway

A will also does not avoid probate. It tells the probate court what to do; it does not remove the court from the process.

Section 03

Types of will

  • Simple will: names beneficiaries, an executor and guardians.
  • Pour-over will: used alongside a living trust to sweep any stray assets into the trust
  • Testamentary trust will: creates a trust on death, common where children inherit young
  • Holographic will: handwritten and unwitnessed, only valid in some states and easily challenged
  • Living will: not a will at all — it is a medical directive about end-of-life care
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Section 01

How to make a will that holds up

Online will services handle straightforward estates for $100$500. Use an attorney where there is a business, property in more than one state, a blended family, a beneficiary with special needs, or an estate large enough to face estate tax.

  • Be of legal age and sound mind, and put it in writing
  • Sign in front of the number of witnesses your state requires, usually two disinterested adults
  • Add a self-proving affidavit before a notary where your state allows it — it saves the executor a step
  • Store the original somewhere the executor can actually reach; tell them where it is
  • Review after marriage, divorce, birth, death, a move to a new state, or a major asset purchase
Section 02

FAQ

What happens if you die without a will?

State intestacy law decides who inherits, usually in the order spouse, children, parents, siblings. A court appoints an administrator and, where there are minor children, decides guardianship without your input.

Does a will avoid probate?

Key takeaway

No. A will directs the probate process rather than avoiding it.

Do I need a lawyer to write a will?

Not legally. A properly signed and witnessed will is valid whoever drafted it.

Can a will be changed?

Yes, at any time while you have capacity — by a codicil for small changes, or by signing a new will that revokes the old one. Destroy the previous original to avoid confusion.

Does a will override a beneficiary designation?

Key takeaway

No. Beneficiary designations on retirement accounts, life insurance and payable-on-death accounts take priority over the will, which is why they should be reviewed at the same time.

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