What Is a Will?

A will is a legal document that specifies how your property will be distributed after your death. It can also address other matters triggered by your passing. For instance, in a will, you can appoint guardians for minor children, designate an executor for your estate, and name a new owner for your pets.

The terms "will" and "last will and testament" are interchangeable and refer to the same legal document. Some people prefer the simpler term "will," and others prefer the more traditional "last will and testament."

In addition to addressing practical matters—like property, children, and an executor—writing a will can also address emotional concerns about dying and leaving loved ones behind. For some, preparing a will is an important act of care and responsibility for those they love. It can be a significant relief to know there is a plan in place "just in case."

Why Is It Important to Have a Will?

Without a will, state law decides who inherits your property, who your executor will be, who is eligible to care for your children, how your debts and taxes will be paid, and more. These laws may not align with your preferences and could make things more difficult for your loved ones.

Having a will:

Makes your wishes known. Without a will, the people you leave behind may not know how you want your affairs handled, which can lead to frustration, arguments, and increased grief. A good estate plan (including a will) can minimize uncertainty and help them move forward during what is sure to be a difficult time.

Ensures your wishes will be followed. Having a will ensures that your property will pass to the people, organizations, or charities that are important to you. Without a will, your property will pass according to your state's intestacy laws. (See more about intestacy below.) Documenting your wishes in a will makes your values and priorities clear.

Reduces hassle for your loved ones. Dying without a will typically increases court involvement, higher legal fees, and additional paperwork for your loved ones. While probate will still be necessary, having a will can streamline the process.

Gives you peace of mind. There's no doubt that while you're still living, you can reap benefits from having a will. Getting "write a will" off your to-do list will ease some stress. And knowing that you've done everything you can to help your loved ones after your death will be a huge relief. Perhaps most importantly, when you have a will, you can rest easy knowing that you're in control of what happens to your property, rather than state law.

To learn more, see Why Do You Need a Will? and What Happens If You Die Without a Will?

What Does a Will Cover?

A will can cover many important issues. Here are the most common.

• Property. A will's primary job is to document who should get your property. You can name primary, alternate, and residuary beneficiaries for your property as a whole or by listing individual items.
• Executor. In your will, you can name an executor who will manage the winding up of your affairs. This person can be a spouse, friend, or family member, and they can be beneficiaries of your estate. An executor's most important attributes are that they are competent to do the job and you trust them.
• Guardians for children. If you have young children, you can nominate someone to take care of them if you die. Usually, a second parent will get priority, but you can use your will to name someone else if there is no second parent, if you and the second parent both die, or if you want to explain why the second parent would not be a competent caregiver.
• Property managers. If you intend to leave property to a beneficiary who cannot manage the property themselves (like a minor child or a person who is bad with money), in your will, you can make arrangements for that property to be managed by someone else, often using the Uniform Transfers to Minors Act or through a trust that takes effect when you die.
• Pets. Legally, pets are property. This means that you cannot leave property to your pet, but you can leave your pet (as property) to a trusted caregiver, along with money to help with the costs of your pet's care.
• Digital assets. Not all digital assets can be left through your will. However, you can use your will to grant your executor the authority to manage your digital assets after your death.
• Philanthropy. You can use your will to leave gifts to the causes or organizations you care about.
• Debts & Taxes. Your executor will have to follow state rules to pay off all of your debts (including taxes) before distributing your property. However, in your will, you can specify particular accounts or funds to be used for that purpose. Also, if anyone owes you money, you can use your will to forgive or lessen those debts.
• Your wishes, generally. Your will helps make your wishes clear. This will go a long way toward reducing confusion and minimizing disagreements among the people you leave behind.

However, there are some things a will cannot do. Here's a summary of what a will can't help with:

• Avoid probate. There are many ways to keep property out of probate, but a will is not one of them. If you have a will, there will be a probate proceeding. And that may not be a bad thing.
• Minimize estate tax. A will has no bearing on whether your estate will owe estate taxes. For most people (in 2026, those with estates worth less than $15 million), this is not a concern. But if your estate might owe estate taxes, there are tools you can use to minimize them--but a will can't help.
• Control non-probate property. Not all property goes through probate. If it doesn't, your will has no bearing on it. For example, property that passes through account beneficiary designations, some forms of joint ownership, transfer on death deeds, and trusts goes directly to beneficiaries, without probate, and none of that property will be affected by provisions in your will.
• Disinherit a spouse. All states have laws that prevent a spouse from being completely disinherited from their spouse's estate. (In other words, you have to leave your spouse a certain amount of property unless you and your spouse have agreed in writing to a different arrangement.) Because these rules are different in each state, you should learn the laws where you live to understand your spouse's rights to your property.
• Leave money to pets. Because pets are technically property themselves, they cannot own property. So you cannot leave property to your pet in your will. That said, you can use your will to leave your pet to a new owner, and you can also leave money for that person to care for your pet. If you want the new owner to have a legal obligation to care for your pet, you'll need to make a pet trust.
• Make gifts with complex or ongoing conditions. If you want to put "strings" on a gift, don't use a will. If you do, the probate court will need to interpret and implement those gifts, and you don't want to give the probate court unusual or unending tasks. For example, if you give a car to your nephew "if he stays clean," the probate court would have to interpret what that means and would need to manage that gift until its completion. If you want to leave this kind of gift, use a trust (so that it becomes the trustee's job to monitor the bequest), and get help from an attorney to ensure the condition's requirements are clearly defined..
• Provide detailed property management for people with special needs. Gifts to people who have special needs should go through a special needs trust for three reasons: 1) Gifts that go directly to beneficiaries (even with a property manager) will jeopardize the person's eligibility for disability benefits. 2) For the reasons noted above, you do not want to put important instructions about gifts to the beneficiary under the purview of the probate court. Instead, use a special needs trust, which can 1) protect government benefits by holding the property for the beneficiary rather than giving it to them outright, and 2) provide a thorough, clear, and private plan for the beneficiary's care.

For more information about each of these issues, see Why Do You Need a Will?

What Are the Different Types of Wills?

There are many types of wills, and this can seem confusing at first. The good news is that most people only need a basic will, especially if their situation is simple. If you have young children, you may want to include a trust in your will (that's sometimes called a testamentary trust will) to help manage their inheritance.

Below you'll find a quick list of the many types of wills. You can learn more about each and find guidance for choosing the right one in Types of Wills.

Simple will. Suitable for modest estates and simple needs, it provides basic instructions for passing your property, names an executor, and appoints personal and property guardians for minor children.

Testamentary trust will. Includes a trust that begins after your death, often for young children. As with any other will, it does not avoid probate.

Joint will. This is a single will signed by two people, usually spouses. It typically can't be changed after the first spouse dies. For that reason, joint wills are rarely recommended.

Mirror image will. These are two identical, but separate, wills for spouses. They're generally more flexible than joint wills, but may also place unwelcome restrictions on the surviving spouse.

What Makes a Will Legal?

To meet the legal requirements for a will, you must:

• be an adult (usually 18)
• have the mental capacity to know that you are making your will and understand what that means, and
• sign and date the document.

Also:

• the document must explicitly state that it is your will, and
• witnesses must sign the document in your presence, attesting that you are an adult of sound mind and that you are voluntarily making and signing your will.

The number of witnesses, restrictions on who the witnesses may be, and the exact requirements of the witness attestation vary from state to state.

In your will, you can't do anything that violates the law or public policy, such as attempting to disinherit your spouse without their legal consent.

For details about finalizing your will, see How to Sign and Update a Will.

What Happens if I Die Without a Will?

If you die without a will, the laws of your state control what happens to your property. This process is called intestate succession. It doesn't apply to property that passes outside of a will, such as bank or retirement accounts with a named beneficiary or property held in a living trust. But all property that would have been covered by a will is subject to an intestacy proceeding in court.

Usually, state intestacy laws give your property to close relatives in an established order: spouse, children, parents, siblings, and so on, until it reaches your most distant relatives. If you have no living family, your property will pass to the state. This rarely occurs, however.

If you have minor children and you die without a will, intestate succession laws won't determine who will take care of your children or manage your property. Other court proceedings will be necessary to make those decisions.

For more information about intestacy, see What Happens If I Die Without a Will?

Steps for Making a Will

How to write your will varies a bit depending on whether you hire a lawyer for help, but in all cases, you'll need to:

1. Figure out what you own. You'll need to have at least a general inventory of your property, although this is somewhat less important if you plan to give "everything" to one person or to a group of people.
2. Decide how to leave your property. You can leave all of your property to certain beneficiaries as a whole, give specific items to individual people or organizations, or a combination of both methods.
3. Decide who will be your executor. You'll want to pick someone you trust who also has the capability to manage a significant amount of paperwork and some finances. That person will likely work with a lawyer to wrap up your estate.
4. Make the document. A lawyer will handle this part (with your input), or you may be able to create the document yourself (see below).
5. Sign the document in front of witnesses. When the document is ready, you'll need to gather two witnesses who are not beneficiaries of the will, sign the document, and have the witnesses sign it too.
6. Share and store the will. After your will is finalized, you can share it with your loved ones (or not), and then store it in a safe place where your executor will know to find it.

You'll find much more about the steps for making your will in How to Make a Will.

Can I Make My Own Will?

Most people can make a valid will without a lawyer by using trustworthy self-help guides, templates, or online tools. A do-it-yourself will lets you leave property to people and organizations you choose, name guardians for children, and appoint someone to manage their inherited property. Creating your own will usually costs much less than hiring a lawyer, and lawyers themselves often start with standard forms similar to those available in reputable will-making products.

However, you should consult a lawyer if your estate is large or complicated, you wish to set up special arrangements such as trusts or disinheriting a spouse, or you have concerns about your will being challenged. Even if your situation is straightforward, having a lawyer review your will can offer added reassurance.

To find out more about making your own will, see How to Make a Will Without a Lawyer.

How Much Does It Cost to Make a Will?

The cost of making a will can vary quite a bit, depending on how you choose to do it.

Do-It-Yourself Will. If your situation is relatively simple and you want to write your own will, you can find good software or online services for under $150.

Hiring a Lawyer. Depending on the complexity of your situation and where you live, a lawyer-drafted will could cost a few hundred dollars or more than $1,000. Prices may rise from there if your estate is complex or if you require additional documents, such as a trust. Some attorneys charge a flat rate for their services, while others charge by the hour. Before you proceed, be sure you understand the lawyer's fees.

Ultimately, the amount you spend depends on the complexity of your situation and your level of comfort in handling it yourself. If you still have questions after looking into it, talking to a lawyer is a good idea.

Making Your Will Is Worth the Effort

A well-made will lets you decide how your property is passed on, makes sure your wishes are followed, and can help your loved ones during a difficult time. Whether you write your own will or hire a lawyer, making a will is an important way to protect your legacy and the people you care about.

You can find out more about making WillMaker's will and living trust in WillMaker's Legal Manual.