Knowledge & Resources
Wills and estate planning
What a will does, how to write one, and what your state requires for it to count.
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Wills and estate planning
What a will does, how to write one, and what your state requires for it to count.
A last will and testament, commonly known as a will, is a legally binding document that says who receives your property when you die, who should look after your children if they are still minors, and who is in charge of carrying all of it out.
If you die without one, your state decides instead. Every state has a default scheme, written to be predictable rather than to reflect what you would have wanted, and it takes no account of stepchildren, unmarried partners, close friends or charities. A will is how you replace that default with your own instructions.
These are the decisions a will actually records, and each one is a step in our will questionnaire.
You do not need documents, valuations or account numbers to start. Two things help: a rough idea of who you want to inherit, and who you trust to handle the paperwork afterwards.
Who inherits, and in what shares. You can leave specific things to specific people, divide everything by percentage, or do both
What you own that passes under the will. You can itemise assets or give an overall value, whichever you know
Who raises your children if they are under 18 and no parent survives. This is the decision a court cannot guess at, and the most important reason for many people to write a will at all
Who takes your animals, and money set aside for their care if you want it
The person who files your will with the probate court, pays outstanding debts and taxes, and distributes what is left. You name an alternate too, in case your first choice cannot serve
What happens if a beneficiary dies before you. Their share can pass to their children or be split among the others, and you choose which
Burial or cremation, and anything else you want your family to know rather than have to guess
Signed by you, in front of the number of adult witnesses your state requires, who sign in turn. Get this wrong and none of the rest counts
Your estate splits in two, and a will only governs one half of it.
Probate assets pass under your will: real estate titled in your name alone, vehicles, personal belongings, and bank or investment accounts with no beneficiary named on them. These are what the questionnaire collects.
Non-probate assets go straight to whoever is named on the account itself, and your will cannot override that no matter what it says. Retirement accounts such as a 401(k) or IRA go to the beneficiary on file with the plan provider. Life insurance goes to the beneficiary on the policy. Accounts marked payable-on-death or transfer-on-death go to the person named on them. Jointly owned property with a right of survivorship goes to the surviving owner. Anything in a living trust follows the trust document.
This catches people out, because those accounts are often the largest thing they own. If you want an IRA at Fidelity or a 401(k) at Vanguard to go to someone different, you change the beneficiary designation with that provider. A will naming someone else will not do it, and an out-of-date designation naming an ex-spouse will be honoured over your will.
Our questionnaire asks you to confirm you understand this before you list any assets, because getting it wrong is not a drafting mistake you can fix later.
You also do not need to list your debts. Your executor pays what you owe out of the estate before anyone inherits, in an order your state sets, whether or not your will mentions it.
A will takes effect only when you die. It says nothing about who makes decisions for you while you are alive and unable to. That is a power of attorney and an advance healthcare directive, which are separate documents that Legawyl does not produce.
Some situations also call for a lawyer rather than software. We keep a plain list of them, so you can check before you rely on this.
