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Estates

Wills: How They Work and Why Every Adult Needs One

A legal document that expresses a person's wishes about how their property should be distributed after death and who should care for minor children.

Trusts & Estates

Understanding Will

Wills must meet state requirements for validity, typically including written form, the testator's signature, and two or more witnesses. There are several types: a simple will distributes assets directly, a testamentary trust will creates trusts upon death, a pour-over will transfers assets into an existing trust, and a holographic will is handwritten without witnesses (valid in some states). Wills can be changed through a codicil or revoked entirely during the testator's lifetime. Without a valid will, property is distributed according to state intestacy laws, which may not reflect the deceased person's wishes.

Examples

  • 1Simple will leaving all assets to a surviving spouse with children as contingent beneficiaries
  • 2Will establishing a testamentary trust to manage inheritance for minor children until they reach age 25
  • 3Pour-over will directing remaining assets into a revocable living trust at death

Why This Matters in Legal Cases

Dying without a will (intestate) means the state decides who inherits your property according to a fixed formula that may not match your wishes. A spouse may not receive everything automatically. Unmarried partners, stepchildren, and close friends receive nothing under intestacy laws. For parents of minor children, a will is the only way to name a guardian. Without one, a court decides who raises your children. Despite this, over half of American adults do not have a will.

Explaining to Clients

Encourage clients to think of a will as more than just property distribution. It names an executor to manage the estate, designates guardians for minor children, can create trusts for beneficiaries who need structured distributions, and can include specific bequests for sentimental items. Remind clients that a will only covers assets that do not have a named beneficiary — retirement accounts, life insurance, and jointly held property pass outside the will regardless of what it says.

Frequently Asked Questions

What makes a will legally valid?

Most states require that the person making the will (testator) be at least 18 years old and of sound mind, that the will be in writing, that the testator sign the will, and that two or more witnesses also sign. Some states recognize holographic (handwritten) wills without witnesses. Notarization is not required in most states but can simplify the probate process through a self-proving affidavit.

What happens if you die without a will?

If you die without a will (intestate), your state's intestacy laws determine who inherits your property. Typically, assets go first to a surviving spouse and children. If there are no immediate family members, property passes to more distant relatives. If no relatives can be found, the state takes ownership. Intestacy laws do not recognize unmarried partners, friends, or charities.

Can a will be contested?

Yes. Common grounds for contesting a will include lack of mental capacity when the will was signed, undue influence by a beneficiary, fraud, improper execution (missing signatures or witnesses), and the existence of a newer will. Will contests are heard in probate court and can be expensive and time-consuming for all parties involved.

How often should you update your will?

Review your will after any major life event: marriage, divorce, birth of a child, death of a beneficiary or executor, significant changes in assets, or moving to a new state. At minimum, review it every three to five years. Changes can be made through a codicil (amendment) or by creating an entirely new will that revokes the previous one.

Sources

Related Terms

Probate

The court-supervised process of proving a will's validity, paying debts, and distributing a deceased person's assets to beneficiaries or heirs.

Trust

A legal arrangement where one party (trustee) holds and manages property for the benefit of another (beneficiary) according to the terms set by the creator (grantor).

Power of Attorney

A legal document authorizing someone (the agent) to act on another person's (the principal's) behalf in financial, legal, or medical matters.

Guardianship

A court-appointed arrangement where one person (guardian) is given legal authority to make decisions for another person (ward) who cannot care for themselves.

Last updated: January 24, 2026
Reviewed by: Quilia Legal Content Team

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