Question 1

What is a last will and testament?

Accepted Answer

A last will is a legal document that names who receives your probate assets after death, who serves as executor (the person responsible for settling the estate), and who serves as guardian for minor children. It takes effect only at death and must go through probate court.

Question 2

How is a last will different from a trust?

Accepted Answer

A will goes through probate — a public court process that takes months and costs thousands. A revocable trust transfers assets privately, immediately, and without court involvement. A will only controls probate assets; accounts with beneficiary designations, TOD/POD, or joint ownership bypass the will entirely.

Question 3

Do I need a will if I already have a trust?

Accepted Answer

Yes. A pour-over will acts as a safety net for any assets not transferred into the trust before death. Without one, unfunded assets pass through intestacy — your state’s default rules — rather than following your trust instructions. Those assets still go through probate, but at least they end up distributed according to your trust terms.

Question 4

What happens if I die without a will?

Accepted Answer

Without a will, your state’s intestacy laws determine who inherits your probate assets. Typically, a surviving spouse and children inherit first. Unmarried partners, stepchildren, and close friends receive nothing under intestacy laws regardless of your relationship. The court also appoints an administrator — you do not get to choose who handles your estate.

Question 5

How many witnesses do I need to sign my will?

Accepted Answer

Most states require two witnesses. Vermont requires three. Louisiana has separate requirements depending on the type of testament (notarial vs. olographic). Witnesses must be present at the time you sign and must generally be disinterested — meaning they are not named as beneficiaries in the will.

What Is a Last Will and How Does It Work?

A will is a wish. A trust is a plan.

How it works

Estate Ledger

Pricing

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A will is a wish. A trust is a plan.

How it works

Estate Ledger

Pricing

Download