Wondering what a will is and why it matters? A will is a powerful legal document that lets you control what happens to your property, children, and estate after your death. If you pass away without a valid will, the state decides who inherits your property, who cares for your children, and how your estate is handled.
So, what is a will and why do you need one? This guide explains the purpose of a will, how it works, and the key reasons why every adult should have one in place — regardless of age or wealth.
What Is a Will?
A will — formally known as a last will and testament — is a legal document that outlines your wishes for how your assets and responsibilities should be handled after your death. It can include:
- Who inherits your property
- Who will serve as the guardian of your minor children
- Who will manage your estate (executor)
- Any specific gifts, donations, or instructions
Wills are governed by state law and must meet certain legal requirements to be valid.
Why Is a Will So Important?
A legally valid will gives you control over what happens to your property, your children, and your legacy. Without a will:
- State intestacy laws decide who gets your assets
- The court picks a guardian for your children
- Your estate may take longer to settle in probate
- Unmarried partners and stepchildren may receive nothing
- Family disputes are more likely
Having a clear will minimizes confusion and reduces the risk of conflict during an already difficult time for your loved ones.
What Can You Include in a Will?
Your will can include instructions for:
- Distributing property like real estate, bank accounts, vehicles, and personal items
- Appointing a guardian for minor or dependent children
- Naming an executor to manage your estate
- Handling debts and taxes
- Leaving gifts to charities or causes
- Instructions for funeral or burial preferences (though these are sometimes placed in a separate document)
Who Should Have a Will?
Everyone over the age of 18 should consider having a will — especially if you:
- Own property or valuable assets
- Are married or in a long-term partnership
- Have children or plan to
- Want to control how your estate is divided
- Want to leave gifts to friends, charities, or stepchildren
- Are concerned about family disagreements after your passing
Even a basic will is better than none at all.
What Happens If You Die Without a Will?
If you die intestate (without a will), your state’s laws determine who inherits your estate. In most cases, your assets will go to:
- Your spouse
- Your children
- Your parents or siblings
- Other relatives
Unmarried partners, stepchildren, friends, and charities typically receive nothing unless named in a will. A judge will also appoint an executor and, if needed, a guardian for your children.
Is a Will the Same as a Trust?
No. A will becomes effective only after death and must go through probate. A trust can take effect while you’re alive and allows you to transfer assets without going through court.
Many estate plans use both — a will to cover general instructions and guardianship, and a trust to handle financial assets privately and efficiently.
How Do You Make a Valid Will?
To create a legally binding will, you typically need to:
- Be at least 18 years old and of sound mind
- Clearly state it’s your last will and testament
- Sign and date the document
- Have at least two witnesses sign (requirements vary by state)
- Store the original in a safe, accessible place
Online tools and legal services can help you get started, but for complex situations, a lawyer is recommended.
For a state-by-state overview of will requirements, visit the American Bar Association’s estate planning guide.
Final Thoughts: What Is a Will and Why Do You Need One?
A will is more than a piece of paper — it’s a legal tool that protects your loved ones, preserves your wishes, and prevents unnecessary legal battles. You don’t need to be wealthy or elderly to create one. If you care about what happens after you’re gone, you need a will.
The sooner you write one, the sooner you give your family peace of mind.
🧠 You May Wanna Check Out
- What Happens If You Die Without a Will?
- How to Create a Legally Binding Will: Step-by-Step Guide
- When and Why You Should Update Your Will
Frequently Asked Questions
Do I need a lawyer to write a will?
Not always. Many people use online tools or templates. However, if your estate is complex, a lawyer can help avoid mistakes.
Is a handwritten will valid?
Some states allow handwritten (holographic) wills, but they must meet strict legal requirements and can be risky if not done correctly.
Can I change my will later?
Yes. You can amend your will at any time by creating a codicil or writing a new will that revokes the old one.
