Core documents

Will

Also known as Last Will and Testament

A signed legal document directing who receives your property after death and who administers your estate.

A will is the document that tells a probate court what you wanted done with your property after you die. It names the people or organizations who inherit, appoints an executor to carry the instructions out, and — for anyone raising children — nominates the guardian who would take over their care. Without one, none of those choices are yours to make; a statutory formula decides who inherits and a judge decides who raises your children.

The practical value of a will is not that it is elaborate but that it is unambiguous. Most estates that turn into disputes do so because the document was silent on something: a jointly owned house, a promise made verbally to one child, a business with no succession plan. Writing it down converts a family argument into an administrative task.

A will only governs assets that pass through your probate estate. Anything with a named beneficiary — retirement accounts, life insurance, transfer-on-death registrations — goes to that beneficiary regardless of what your will says. Assets held in a funded trust are likewise outside its reach. This is the single most common misunderstanding in estate planning, and it is why a will is a component of a plan rather than the whole of one.

Execution formalities are set by state law and they vary: signing, witnessing, and notarization requirements are not uniform across the country. Follow the guidance for your own state rather than a general rule you read somewhere, because a will that is not executed correctly may not be honored at all.

Frequently asked

Does my will cover my crypto and online accounts?
Only partly, and not in the way most people assume. A will can say who inherits your digital assets, but it cannot hand anyone the seed phrase, the password, or the second factor needed to actually reach them. A will is also a public document once it enters probate, so writing credentials into it would expose them. The working approach is to let the will assign ownership while a separate, encrypted system holds the access details for the person you have named.
If I have a will, does my family still go through probate?
Usually yes. A will does not avoid probate; it directs it. The court still validates the document, confirms your executor, and supervises distribution. What a will does is make that process faster and less contested than it would be without one. If avoiding probate is the actual goal, that generally calls for a funded trust and beneficiary designations rather than a will alone.
What happens if I write a new will but never destroy the old one?
The newer will normally controls, and a well-drafted one opens by expressly revoking all previous wills. Problems arise when an old copy surfaces and nobody can tell which came later, or when the new document is silent about revocation. Destroying superseded originals and telling your executor where the current one is kept prevents a version dispute at exactly the moment nobody is in a position to resolve it.

This glossary is general information, not legal advice. Estate planning rules vary by state and change over time. Legacy Suite is not a law firm — for questions about your own situation, speak with a qualified estate planning attorney.

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