What a Will Does — and Doesn’t Do — for Your Estate

A last will and testament is one of the most fundamental estate planning documents—but it’s also one of the most misunderstood. Many people assume having a will means their estate will automatically avoid probate or that it controls all their assets. That’s not always the case.

This post explains what a will can do, what it can’t, and when a trust or other tools might also be needed.

What a Will Can Do

A properly executed will allows you to:

• Name who inherits your property and assets
• Appoint a personal representative (also called an executor)
• Designate guardians for minor children
• Make specific gifts or charitable contributions
• Express funeral or burial wishes

Without a will, state law determines how your estate is distributed—often through a default formula that may not reflect your intentions.

What a Will Cannot Do

Even a detailed will does not:

• Avoid probate
• Control jointly owned assets with survivorship rights
• Override named beneficiaries on life insurance, IRAs, or retirement plans
• Automatically protect your estate from taxes or creditors
• Manage what happens if you become incapacitated (you’ll need a power of attorney and advance directive for that)

Many people choose to combine a will with a revocable living trust for more flexibility, privacy, and efficiency.

When to Review or Update Your Will

Your will should be reviewed any time your life circumstances change. Common triggers include:

• Marriage or divorce
• The birth or adoption of a child
• A change in financial situation
• Moving to another state
• The death of someone named in your will

Even if nothing has changed, reviewing your will every 3–5 years is a good idea to ensure it still reflects your wishes.

Learn More

For more guidance on how a will fits into a larger plan, visit our Wills practice area page.