Wills Attorneys
Experienced legal representation for wills matters across all 50 states.
About Wills
A will, formally known as a last will and testament, is a foundational legal document that expresses your wishes regarding the distribution of your property and the care of any minor children after your death. It is one of the most important documents any adult can create, yet surveys consistently show that a majority of Americans do not have one. A valid will names beneficiaries who will receive specific assets or shares of your estate, designates an executor (also called a personal representative) who will be responsible for administering the estate, and can name guardians for minor children.
The legal requirements for a valid will vary by state but generally include that the testator (the person making the will) must be at least 18 years old, of sound mind, and must sign the document in the presence of at least two disinterested witnesses who also sign. Some states recognize holographic (handwritten) wills without witnesses, but these are more vulnerable to legal challenges. A will only takes effect upon the death of the testator and must go through the probate process, during which a court validates the document, oversees the payment of debts and taxes, and supervises the distribution of assets to beneficiaries.
Wills can address a wide range of matters beyond simple asset distribution, including funeral and burial wishes, the creation of testamentary trusts for minor beneficiaries or beneficiaries with special needs, the forgiveness of debts owed to the testator, and the disinheritance of individuals who might otherwise inherit under state law. A will can be revoked or amended at any time during the testator's lifetime through a new will or a codicil (a formal amendment). Without a will, the state's intestacy laws dictate how assets are distributed, which may result in outcomes that do not align with the deceased person's wishes.
Why You Need a Wills Attorney
Having a valid will is the single most important step in ensuring that your assets are distributed according to your wishes rather than the default rules of state intestacy law. Without a will, you lose all control over who inherits your property, and the court — not you — will decide who raises your minor children. Intestacy laws follow a rigid formula that typically prioritizes spouses and biological children, meaning unmarried partners, stepchildren, close friends, and charitable organizations receive nothing.
The probate process for an intestate estate is typically longer, more expensive, and more contentious than for an estate with a clear will. Family disputes over asset distribution are far more common when there is no will to provide guidance, and these disputes can destroy family relationships and consume a significant portion of the estate in legal fees. A will also allows you to name the executor of your choice, someone you trust to handle your affairs efficiently and honestly, rather than leaving that decision to a judge who does not know your family.
Common Wills Cases
Simple Will for Single Individuals
Creating a straightforward will that names beneficiaries for all assets, designates an executor, and includes residuary clauses to cover any property not specifically mentioned.
Will with Minor Children Provisions
Drafting a will that names a guardian and alternate guardian for minor children, establishes testamentary trusts to manage inheritances until children reach a specified age, and provides for children's education and care.
Will Updates After Divorce
Revising or replacing a will following a divorce to remove the former spouse as beneficiary and executor, update guardian designations, and ensure the new will reflects changed circumstances and relationships.
Blended Family Wills
Creating wills for individuals with children from prior relationships that balance providing for a current spouse while protecting inheritances intended for biological children from previous marriages.
Charitable Bequests
Including specific gifts to charitable organizations, establishing charitable remainder trusts, or donating a percentage of the residuary estate to nonprofit organizations through testamentary provisions.
Will Contests and Disputes
Defending or challenging the validity of a will based on allegations of undue influence, lack of testamentary capacity, improper execution, fraud, or the existence of a later will that revokes the contested document.
Codicils and Will Amendments
Drafting formal amendments to existing wills to update specific provisions without rewriting the entire document, often used for minor changes such as adding a beneficiary or changing an executor.
Typical Wills Case Timeline
Initial Consultation
1–2 weeksMeeting with the attorney to discuss your family, assets, goals, and any concerns. The attorney explains the available options and recommends a plan tailored to your needs.
Information Gathering
1–2 weeksProviding the attorney with details about your assets, debts, family members, chosen beneficiaries, executor preferences, and guardian designations for minor children.
Drafting
1–3 weeksThe attorney prepares a draft of the will for your review. You examine the document carefully and provide feedback or request changes.
Revisions and Finalization
1–2 weeksThe attorney incorporates your revisions and prepares the final version of the will for execution.
Execution Ceremony
1 dayYou sign the will in the presence of the required number of witnesses (typically two) and a notary public. The witnesses also sign, and the document may include a self-proving affidavit to simplify future probate proceedings.
Safe Storage and Distribution
1 weekThe original will is stored in a secure location such as a fireproof safe, with the attorney, or in some states, filed with the local probate court. Copies are provided to the executor and key family members.
Know Your Rights
- Every adult of sound mind has the legal right to make a will directing how their property should be distributed after death.
- You have the right to revoke or change your will at any time during your lifetime, as long as you have testamentary capacity.
- You can disinherit most relatives in your will, though surviving spouses in most states have elective share protections that guarantee them a minimum percentage of your estate.
- Your will can name the guardian of your choice for your minor children, and the court will generally honor this designation unless the named guardian is found to be unfit.
- You have the right to name any competent adult or qualified institution as your executor, including someone who is also a beneficiary.
- A will that is properly executed in one state is generally recognized as valid in other states, even if the formalities differ.
- No one can legally force or coerce you into including or excluding specific provisions in your will; a will made under undue influence can be invalidated by the court.
What to Look for in a Wills Attorney
When selecting an attorney to draft your will, prioritize someone who concentrates their practice in estate planning and probate law rather than a general practitioner. The attorney should take time to understand your complete family situation, including any blended family dynamics, estranged relatives, or special circumstances that require careful drafting. Ask about their experience with wills that have been through probate in your state, as this practical knowledge helps them draft documents that will hold up and be administered smoothly. The attorney should explain the differences between a simple will and a will-based plan with testamentary trusts, and advise which approach is appropriate for your assets and family situation. Look for clear, upfront pricing — most wills are drafted on a flat-fee basis. Ensure the attorney discusses coordination with beneficiary designations on retirement accounts and life insurance policies, as these pass outside the will and can override its terms if not properly aligned.
Questions to Ask Your Wills Attorney
- 1What are the specific legal requirements for a valid will in my state, and how do you ensure they are met?
- 2Should I include a no-contest (in terrorem) clause to discourage beneficiaries from challenging my will?
- 3How should I coordinate my will with beneficiary designations on retirement accounts and life insurance policies?
- 4What happens to property I acquire after signing my will — do I need to update the will every time?
- 5Do you recommend a testamentary trust within the will for my minor children's inheritances, and until what age should it continue?
- 6How should I handle digital assets such as online accounts, cryptocurrencies, and digital photos in my will?
- 7What steps can I take to make the probate process as simple and inexpensive as possible for my executor?
Understanding Wills Legal Costs
The cost of having a will professionally drafted varies significantly based on complexity and geographic location. A simple will for an individual typically costs between $300 and $1,000. Wills for married couples, often prepared as a pair, generally range from $500 to $1,500. More complex wills that include testamentary trusts, provisions for blended families, business succession clauses, or charitable giving strategies can cost $1,500 to $3,000 or more. Codicils (amendments to existing wills) are usually less expensive, typically $100 to $500. Many estate planning attorneys offer package pricing that includes a will, durable power of attorney, and healthcare directive together at a reduced rate compared to purchasing each document separately. Online will-drafting services exist at lower price points ($50–$200) but carry risks of improper execution, lack of state-specific compliance, and inability to address complex situations.
Key Legal Terms
Video Resources
These videos are provided for informational purposes only. The attorneys and organizations featured are not affiliated with or endorsed by Northwind Law.
Last Will and Testament Explained
LegalEagle
Estate Plan vs. Trust vs. Will — Estate Planning 101
Toby Mathis Esq | Tax Planning & Asset Protection
Will vs Trust in 10 Minutes or Less
The American Estate Planning Series
Frequently Asked Questions About Wills
Citations & Sources
- [1]Approximately 64% of American adults do not have a will or any estate planning documents, leaving their estates subject to state intestacy laws. — Caring.com, 2024 Wills and Estate Planning Study
- [2]Every state has enacted intestacy statutes that prescribe a default distribution scheme for estates of decedents who die without a valid will. — Uniform Probate Code, National Conference of Commissioners on Uniform State Laws
- [3]The average probate process in the United States takes between 6 and 18 months, though contested estates or complex cases can take significantly longer. — American Bar Association, Guide to Wills and Estates
- [4]Holographic wills — handwritten and unwitnessed — are recognized in approximately 26 states, though courts scrutinize them more closely for validity. — Cornell Law Institute, Legal Information Institute
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