Wills

Understand what a will controls, how execution and probate work, where state law matters, and what a will cannot do.

Every guide opens with a simple explanation, then goes deeper into mechanics, tradeoffs, examples, state differences and sources.

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Guides in this section

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  • Start with

    Last Will and Testament

    A will is a state-law document that directs probate property at death, nominates a personal representative, and can nominate guardians and create testamentary trusts.

  • Dying Without a Will: Intestacy

    Intestacy is the state-law distribution system for probate property not effectively disposed of by a valid will; it does not decide every transfer at death.

  • Pour-Over Will

    A pour-over will directs probate property into a trust at death, acting as a backstop for assets that were not transferred to the trust during life.

  • Self-Proving Will

    A self-proving will includes an affidavit or acknowledgment allowed by state law that can reduce the need to obtain witness testimony during probate.

  • What Makes a Will Valid?

    Validity depends on the governing state's requirements, commonly including capacity, testamentary intent, a writing or authorized electronic record, signature, and proper witnesses.

  • Will Contests

    A will contest is a court challenge to validity or admission of a will, often based on execution, capacity, undue influence, fraud, forgery, or revocation; standing and deadlines are state-specific.

What a will depends on, and what it cannot reach