Wills
A will is the document that says who receives your property, who handles your affairs, and who you would want to care for minor children after your death. It is often the first piece of an estate plan, and it works best when it is clear, current and matched to your family.
A will is only half the story. After a death, the court-supervised process of settling an estate is a separate service.
Read about probateWhat a will addresses
A will puts your wishes in writing so they do not have to be guessed at. It speaks only after your death, and it generally controls property that is in your name alone and has no other instructions attached.
- Who receives your home, accounts, personal belongings and keepsakes
- Who serves as personal representative, the person who carries out your instructions
- Who you would want as guardian for minor children
- Whether a child or other beneficiary should receive property outright or under supervision
- Specific gifts to people or organizations
What to think about
Most wills are simple in concept, but the details are where families run into trouble. These are the questions that come up most often.
- Choosing a personal representative who is organized, trustworthy and willing to serve, plus a backup
- Naming a guardian and talking with that person ahead of time
- How to treat children fairly when their needs or circumstances differ
- Blended families, where a spouse and children from earlier relationships may have different interests
- Beneficiaries who are young, who have special needs, or who may struggle to manage money
- Whether a will alone is enough, or whether a trust would serve you better
What a will does not control
Some assets pass by their own instructions, regardless of what a will says. Retirement accounts and life insurance usually pass to the beneficiary you named on the account. Property held jointly, or with a transfer-on-death designation, may pass to the co-owner or named person.
That is why a will review should include a look at beneficiary forms and how your property is titled. A well-written will can be undone by an outdated form.
Keeping a will current
A will reflects your life on the day you sign it. Revisit it when something significant changes.
- Marriage, divorce or the death of a spouse
- Births, adoptions or a child reaching adulthood
- A significant change in your property or business
- A move, or a change in the people you named to serve
How to prepare
- Write down the people you would name as personal representative and guardian, and a backup for each
- List your main assets: real estate, bank and investment accounts, retirement accounts, insurance and business interests
- Gather your current beneficiary forms and any existing will or trust
- Note any gifts you want to make to specific people or organizations
- Bring questions, including the ones that feel awkward
Common questions
Do I need a will if my situation is simple?
Many people with modest property still benefit from naming who will serve and who will care for children. A short conversation can show whether a will, or something more, fits your circumstances.
Can I change my will later?
Yes. A will can be updated as your life changes, and a review is worthwhile after major events.
Does a will keep my estate out of probate?
No. A will generally directs how a probate estate is handled; it does not by itself avoid that process. Other tools, such as trusts, may be considered for that goal.
What happens if I die without a will?
State law generally determines who receives property that does not pass through a trust, joint ownership or a beneficiary designation. That result may differ from your wishes, especially for unmarried partners or blended families.
Do my spouse and I need separate wills?
Each spouse generally has a separate will, even when their plans are similar. Coordinating the documents helps address shared property, children and what should happen after the first spouse dies.
Does naming a guardian guarantee that person will care for my children?
A nomination tells the court whom you prefer, but the court makes the appointment under applicable law and the children's best interests. Discuss your choice with the person and name a backup in case they cannot serve.
Is an online or handwritten will enough?
It may be legally effective, but validity depends on the document and the signing requirements that apply. A form can also miss important family or property issues. Have it reviewed rather than assuming it accomplishes your goals.
Where should I keep my original will?
Keep the signed original in a secure place that your personal representative can access when needed. Let that person know where it is, and avoid arrangements that could prevent access after your death.
Should I review my will after moving to another state?
Yes. A move does not necessarily invalidate a will, but state rules about property, spouses and estate administration can differ. A review can identify whether the will and related documents still fit your circumstances.
Does a will let someone act for me if I become incapacitated?
No. A will takes effect after death. Financial powers of attorney, health care directives and certain trust arrangements address decisions during your lifetime and should be considered alongside your will.
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Contact the practiceThis page offers general information, not legal advice for your situation. Laws change and individual facts matter.
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