{"id":287109,"date":"2016-04-04T11:02:24","date_gmt":"2016-04-04T16:02:24","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/estate\/wills\/wills-an-overview.html"},"modified":"2025-03-31T12:56:17","modified_gmt":"2025-03-31T17:56:17","slug":"wills-an-overview","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/estate\/wills\/wills-an-overview.html","title":{"rendered":"Wills: An Overview"},"content":{"rendered":"\n
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Wills: An Overview<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Aisha Success, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

A last will and testament, known as a will, is the most common way to state the preferences of a person’s estate after death. Many people use their wills<\/a> to express their deepest feelings toward their loved ones. <\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

A well-written will is an estate planning document that helps ease the transition for survivors. A simple will conveys the testator’s wishes for transferring real estate and personal property during the probate process.<\/p>\r\n

Despite these advantages, many estimates figure that at least 70% of Americans do not have valid wills or a will that complies with state laws<\/a>. While it is difficult to think about mortality, many people gain peace of mind by putting their affairs in order. A simple will is an important part of the estate planning process.<\/p>\r\n

Wills vary from simple single-page documents to elaborate volumes, depending on the estate size and preferences of the person making the will (the "testator<\/a>"). Wills are legal documents describing the estate, the people who will receive specific property (the "devisees"), and even special instructions about the care of minor children, children with special needs, gifts to charity, and the formation of posthumous pour-over trusts.<\/p>\r\n

Many choose to disinherit people who expect to receive property. The testator must follow the legal rules for wills<\/a> to make the document effective.<\/p>\r\n

Will Requirements<\/h2>\r\n

State law determines the rules for a valid will. Requirements vary according to state law<\/a>. You can learn more about state-specific laws on our wills law answer page<\/a>. Generally, the testator must be an adult of "sound mind," meaning the testator must understand the entire document’s meaning.<\/p>\r\n

If you wait too long to complete your estate plan that includes a simple will, your loved ones may engage in a will contest. A beneficiary may challenge the validity of your will. They could argue that you were incapacitated when you executed the will.<\/p>\r\n

A will must be in writing. Some states allow a will to be in the testator’s handwriting, but a better and more enforceable option is to use a typed or pre-printed document. A testator must sign their own will. If the testator cannot sign the will, someone must sign the will in the presence of the testator and other witnesses. In some cases, the will must be notarized. A valid will remains in force until revoked or replaced by a later valid will. Some changes may be made by amendment<\/a> (called a "codicil") without requiring a complete rewrite.<\/p>\r\n

Will Limitations<\/h2>\r\n

Some legal restrictions<\/a> prevent a testator from giving full effect to their wishes. Some laws prohibit the disinheritance of spouses or dependent children. A married person cannot completely disinherit a spouse without the spouse’s consent, usually in a pre-nuptial agreement<\/a>. In most jurisdictions, a surviving spouse has a right of election, which allows the spouse to take a percentage (up to one-half) of the estate when a spouse is dissatisfied with the will. Non-dependent children may be disinherited, but this preference should be clearly stated to avoid confusion and possible legal challenges.<\/p>\r\n

Property Subject to Transfer Outside a Will<\/h3>\r\n

Some properties may not descend by will<\/a>. Property owned in joint tenancy may only go to the surviving joint tenant. A decedent may have owned real property or financial accounts as joint tenants. Property in a living trust also passes outside a will. Property placed in a living trust automatically goes to the beneficiaries and is managed by a trustee.<\/p>\r\n

Certain assets, such as retirement accounts, transfer through beneficiary designations. A decedent should make beneficiary designations with the financial institution holding the property. Transfer by beneficiary designations is common for the following property:<\/p>\r\n