Wills
Jurisdiction: General U.S. overview (state law governs validity) State rules vary
Quick answer
A will is a legal document that says who should receive your property after you die, who should carry out those wishes (the executor), and — for parents of minor children — who should raise them. Without a valid will, state intestacy law decides who gets what, and a court chooses the administrator.
A will only controls property that is in your name alone without a beneficiary designation. Retirement accounts, life insurance, and jointly owned property pass outside the will — directly to the named beneficiary or surviving owner. That is why reviewing beneficiary designations matters as much as writing the will itself.
Start here: What Is a Will? or browse all 2 guides below.
In detail
What a will does — and does not do
A will names beneficiaries for your individually owned property, nominates an executor to shepherd the estate through probate, and can nominate guardians for minor children. It can also forgive debts owed to you and give instructions for personal items with sentimental value.
A will does not avoid probate — in fact, it is the document probate courts work from. It does not control jointly owned property, accounts with named beneficiaries, or property already in a trust. And a will has no power while you are alive; powers of attorney and advance directives cover incapacity.
Making a will valid
Every state sets its own formalities, typically involving a signed writing and witnesses. Some states accept handwritten (holographic) wills; others do not. Notarization is not always required but can simplify probate in states with 'self-proving' affidavit procedures.
Because a defective will is discovered only after death — when it cannot be fixed — having the document reviewed under your state's law is one of the highest-value legal checkups available.
Explore Wills Resources
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How this varies by state
Will law is state law. Key variations:
- Witness requirements and whether notarization or self-proving affidavits are recognized.
- Whether handwritten (holographic) wills are valid.
- Spousal protections: most states give a surviving spouse a minimum share regardless of the will.
- How quickly and simply small estates can be settled.
Will formalities — witnesses, signatures, notarization — are set by each state. A will valid in one state may not be valid in another.
We publish state-specific pages only where we have genuinely verified content. Our verified state page is Florida.
Who may need help with this
- Adults writing a first will
- Parents naming guardians for minor children
- People updating a will after marriage, divorce, or a move
- Executors named in a family member's will
- Unmarried partners, who generally inherit nothing without a will
Will checklist
- List your property and debts, including digital accounts.
- Choose beneficiaries, an executor, and backup choices — and ask them first.
- Check beneficiary designations on retirement accounts and insurance; they override the will.
- Have the will prepared or reviewed under your state's formalities.
- Store the original where your executor can find it and say where it is.
Common mistakes
- Assuming the will controls everything — beneficiary designations and joint ownership override it.
- Never updating after divorce or remarriage.
- Hiding the will so well that no one finds it.
- Naming an executor who lives far away or is unwilling, without a backup.
Questions to ask
- Is my existing will valid under this state's law?
- Do I need anything besides a will for my situation?
- Who should I name as executor, and what does the job involve?
- How should I handle property in another state?
Official resources
These links go to government agencies and established nonprofit organizations — not to advertisers. External links open in a new tab.
- LawHelp.org — Pro Bono Net
Free legal aid directory by state.
Frequently Asked Questions
Where should I keep my will?
How often should I update my will?
Does a will avoid probate?
Sources & Further Reading
These are official or established sources you can use to verify the information above. External links open in a new tab.
Last reviewed: 2026-09-27
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LegalHelpForSenior.com provides general informational content and is not a law firm. Information on this website should not be considered legal advice. Laws and procedures vary by state. For advice about a specific situation, consider consulting a qualified attorney licensed in the applicable jurisdiction. Read our full legal disclaimer.