Wills

When someone dies without having written a will, the government decides how that person's estate will be split up. If that person had minor children, the government also decides who will be taking care of them without any say from the deceased person. Worse yet, many families are split apart fighting over their loved one's estate and eat up all of the estate in court fees while they do it.

Proper estate planning can help to avoid a fiasco after you pass away. It also allows you to say where or how you want to be buried, or any other wishes you might have. Perhaps most importantly, it gives you the power to say who will care for your children in the event that you can't be there to do it yourself.

Estate planning begins with a last will and testament. Don't leave your family a mess to clean up and don't leave your children to a judge-appointed caretaker. Let Legal Ace help you prepare your will.

What You Get

Wills Instructions on Finalizing Your Will Your Last Will Self-Proving Affidavit (Not available for some states) Free Shipping or Documents by Email Option to Upgrade to Rush Service Get Started

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Frequent Questions

• Do I need a will?
  

  Although all states have laws that dictate what to do with any property after a person passes away, having a will can eliminate expensive legal fees, probate costs, and the stress that can be imposed on loved ones attempting to sort out a decedent's affairs. Since most Americans are unfamiliar with the laws of testate succession, it is very possible and common for a decedent's estate to be distributed in a manner that they would never have wanted. If you want to eliminate any such uncertainty, if you simply want to make sure that the government does not mandate how your estate will be distributed, or if you want to make sure that someone receives something that they would not have otherwise received, then writing your will is probably a good idea.

• If I die, what happens to my estate?
  

  After you pass away, your estate must go through probate. Probate basically means that your estate is administered through the court system. If you've written down what you want to have happen to your estate in a will, the process will go significantly smoother, there will be less time spent in court, and consequently there will be fewer probate fees. This means that your heirs will get more of your estate (because the court fees won't eat up all of your assets) and it will take less time for your heirs to get your property. If you pass away without a will, your estate will very likely spent a great deal more time in the court system.

• Can I designate someone to take care of my children in a will?
  

  Absolutely. In fact if you don't designate who will look after your children, the court will choose a guardian for you. When choosing someone to look after your children, you should make sure that the designated person knows that you are listing them in your will and what would be expected of them if they became a guardian of your children.

• If I die without a will, are there financial consequences?
  

  Yes. Passing an estate without a will is usually associated with higher probate fees.

• What do I need to make a valid will?
  

  Generally, you must be an adult, have a sound mind, have at least 2 witnesses (3 in Vermont), and the will must be properly formed.

• Does my will need to be notarized?
  

  No. Most states allow you to attach a “self-proving affidavit” to your will. The self-proving affidavit is notarized. It helps to eliminate any dispute about whether or not you signed the will and simplifies the process required to carry out a will.

• Can't I just film myself describing my will and not have to deal with this whole thing?
  

  Unfortunately, no. Filmed wills are not recognized in the United States.

• If I say something in my will, does that mean that my will is certain to be carried out the way I want it to?
  

  No. A judge can overrule what you have said in your will, however, this is very unlikely. Generally judges will attempt to follow your wishes unless they involve something illegal or unconscionable. For example, if John says that he wants to leave his car to Peter, but John never owned the car in the first place, the car will instead be returned to its rightful owner.

• What will happen to my pets?
  

  Legally speaking, pets are considered property. Since wills allow for the transfer of property, anyone can list what they want to have happen to their pets in a will. Many wills actually contain separate provisions that deal specifically with pets.

• What happens if I leave property to my children, but none of my children are old enough to manage my estate?
  

  Your will can be set up to allow someone to take care of property for children until they are old enough to manage it themselves.

• I don't really have anything to leave to anyone. Should I even bother making a will?
  

  Yes. Chances are you may have a family heirloom or some item that could cause a family dispute. Also, wills allow you to do more than simply leave property to other people. With a will you can appoint a guardian for your children, dictate how you would like to be buried, or declare any other wishes you intend to relay to your family.

• Can my spouse change the terms of my will after I die?
  

  No. Although your spouse can argue in court about why your will should not be carried out, he or she cannot simply negate or alter it.

• I have a living trust, do I need a will?
  

  Yes. Your living trust typically only covers certain assets and rarely deals with your entire estate. As such, there are numerous items that you own that are not going to be covered by the trust. A will deals with all of those items that the trust doesn't pick up. Most people that choose to have living trusts also have wills.

Glossary

Select a term in our glossary:

Acknowledgment of Service AdministratorAdvancement Alternative Dispute Resolution Annual MeetingAnnuityAnswer ArbitrationArticles of Incorporation AssetsAssignmentAssignment of Wages Authorized SharesBeneficiary BequeathBequestBusiness EntityBylaws C CorporationCertificate of Authority Certificate of IncorporationCharitable CorporationCharterClose Corporation Co-PetitionerCodicilCollective MarkCommon StockCommunity DebtsCommunity PropertyComplaintConsent AgreementCopyrightCopyright InfringementCorporationCorpusCovenant MarriageCustodial ParentCustodianDBADecedent DecreeDefaultDefendant DescendantDeviseDevisee DirectorsDisclosureDiscoveryDissolutionDividendDocketDomestic Corporation Durable Power of AttorneyEINEmployer Identification Number EntityEquitable DistributionEstateEstate Tax ExecutorFault DivorceFiscal YearForeign CorporationForeign NationalGrantor Grounds GuardianGuardian ad-Litem Health Care DirectiveHealth Care Power of Attorney Health Care Proxy HeirHolographic WillImmigrant Visa Incorporator InfringementInheritance TaxIntellectual Property Inter Vivos TrustIntermentIntestateIntestate SuccessionIrrevocable Living TrustJoint and Survivor Annuity Joint Life AnnuityJoint Tenancy with Right of SurvivorshipJudgment LeaseLegal CustodyLegal Grounds Legal Separation LegateeLesseeLessorLimited Liability CompanyLimited Liability PartnershipLimited PartnershipLiving TrustLiving WillLLC Manager Mandatory Wage AssignmentMarital PropertyMediator MinutesMonth-to-Month Motion NationalNaturalizationNisiNo-faultNon-Custodial Parent Non-Immigrant VisaNon-Profit Corporation Nuncupative Will OfficerOperating Agreement Order of AssignmentOrder to Show Cause Par ValueParent CorporationParenting Plan Partner Support Partnership PartyPatent Per Capita DistributionPer Stirpes Periodic TenancyPetitionPetitionerPhysical CustodyPlaintiffPost Nuptial AgreementPower of AttorneyPreferred StockPremarital AgreementPrenuptial AgreementPro Per Pro Se ProbateProcess ServerProfessional CorporationProfessional Limited Liability Company ProxyPublic CorporationQDRO Qualified Domestic Relations OrderQuorumReal PropertyRegistered AgentRegistered OfficeResidencyResident Witness Residuary RespondentResponse Revocable Living Trust S CorporationSelf-Proving AffidavitSeparate DebtSeparate PropertySeparationService Service Mark Settlement Agreement Settlor ShareSingle Life AnnuitySole ProprietorshipSpousal MaintenanceSpousal SupportStatutory AgentStockStock Certificate SubleasingSubsidiary CorporationSuccessor TrusteeSummonsTenancyTenancy in CommonTenant Testament TestamentaryTestamentary TrustTestateTestate SuccessionTestatorTrademarkTrustTrusteeTrustor UnconscionableUncontested DivorceUndue Influence Unlawful Detainer VerificationVisaVisitationWillWitness