Introduction

A will is the cornerstone of estate planning. Without one, state intestacy laws decide who gets what — often not what you’d want. This blog explains what wills do, what happens without them, and key steps to protect your wishes.

What a Will Does (and Doesn’t Do)

Wills govern probate assets titled solely in your name. A will has no legal effect during life — it only applies after death. Wills don’t control non-probate assets such as life insurance with named beneficiaries or joint accounts with rights of survivorship.

Even if you have a living trust, you still need a will. A pour-over will captures any assets not formally transferred into the trust and directs them into it. Wills also serve an important role in nominating guardians for minor children, something a trust cannot do.

Formalities and Validity

Most states require a will to be signed by you and witnessed by at least two disinterested witnesses. Self-proving affidavits, signed before a notary, can make it easier for a will to be admitted to probate without the witnesses later having to testify. Amendments to a will, called codicils, must follow the same execution rules as the original document.

Executors and Guardianship

Your will appoints an executor (also called a personal representative) to carry out your instructions. The executor is responsible for collecting assets, paying debts and expenses, and distributing property to beneficiaries. A will can also nominate guardians for minor children. While a court must confirm the choice, your nomination guides the court’s decision and reduces uncertainty.

Intestacy — When There’s No Will

If you die without a valid will, your estate is distributed according to state intestacy laws. These rules typically prioritize spouses, children, and then extended family. The outcome may be far from what you would want. Stepchildren, close friends, or charitable causes are usually excluded unless named in a valid estate plan. Intestacy often leads to unintended consequences, increased disputes, and longer delays.

Keeping Wills Current

A will should not be a one-time exercise. Store the original document safely, as courts usually require the original for probate. Review and update your will after major life events such as marriage, divorce, the birth of children, or relocation to another state. Make sure your will coordinates with beneficiary designations and trusts to avoid conflicts or gaps in your plan.

Conclusion

A will is a simple but essential tool to direct your estate. Skipping it leaves decisions to state law, which may not reflect your intentions. The key steps are straightforward:
1. Draft or update your will.
2. Store it safely.
3. Review it regularly.

Taking these steps provides clarity for your loved ones and ensures your wishes are respected.