Question 1

Is a handwritten will valid?

Accepted Answer

Some states accept handwritten wills, others don’t. Check your state’s rules before relying on one.

Question 2

Will or living trust?

Accepted Answer

A trust can help avoid probate and keep things private, but costs more to set up. An estate lawyer can help you decide.

Question 3

Can I write my own will?

Accepted Answer

Yes, as long as you follow your state’s rules, especially about signing and witnesses. Simple situations often work with a reliable form; complex ones benefit from a lawyer.

Question 4

What is the difference between a will and a trust?

Accepted Answer

A will takes effect after death and usually goes through probate. A living trust can hold your things during your life and pass them on without probate, but it costs more to set up.

Question 5

Who should I choose as executor?

Accepted Answer

Someone you trust who is organized and likely to outlive you. Ask them first. You can also name a backup.

Question 6

Does a will avoid probate?

Accepted Answer

No. A will is followed through probate. To avoid probate, people use trusts, joint ownership or beneficiary designations.

Question 7

What happens to my will after a divorce?

Accepted Answer

In many states, a divorce automatically cancels gifts to your ex-spouse in your will, but don’t rely on it. Update your will and beneficiaries after a divorce.

Question 8

Do I need a will if I don’t own much?

Accepted Answer

Often yes, especially if you have young children, because a will is how you name a guardian for them. It also makes things easier for your family.

Common questions: Making a will