A clear will directs how your property is distributed, identifies who will care for minor children, and appoints a personal representative to manage your estate. Having a legally valid will reduces uncertainty, can shorten probate timelines, and provides a written record of your wishes so that family members and courts understand your intentions.
Carefully coordinated documents and clear beneficiary designations can shorten probate timelines and simplify the tasks required of a personal representative. Minimizing court intervention allows assets to be transferred more efficiently and reduces costs associated with lengthy administration and contested proceedings.
Hatcher Legal brings combined business and estate law experience to will preparation, ensuring documents address both personal and commercial interests when relevant. We emphasize precise drafting, clear beneficiary designations, and planning that anticipates common administrative issues to help avoid costly misunderstandings later.
After execution, store the original will securely and inform your personal representative how to locate it. Schedule periodic reviews after major life events to adjust beneficiaries, guardianship, or distribution provisions so your will continues to reflect your current wishes and circumstances.
A will is a legal document that directs how your assets will be distributed after death, names a personal representative to handle estate administration, and can nominate guardians for minor children. Creating a will ensures your preferences guide the distribution of property rather than default state rules. Having a will reduces uncertainty for surviving family members by documenting your intentions clearly. It also allows you to plan for contingencies through alternate beneficiaries and specific bequests, helping to avoid unintended intestate outcomes that may not reflect your wishes.
Choose someone you trust to manage estate affairs, communicate with beneficiaries, and follow your instructions. The personal representative’s duties include locating assets, paying debts and taxes, and distributing property according to the will. Consider whether the person is organized, available, and comfortable handling administrative tasks. Naming alternate representatives provides backup if your first choice cannot serve. In some cases, families appoint co-representatives or a corporate fiduciary for complex estates. Discuss responsibilities in advance so your appointee understands the role and your choices.
Technically, an individual can prepare a will using online templates, but such documents may fail to account for state-specific execution rules, tax considerations, or interactions with trusts and beneficiary designations. Ambiguities or improper formalities can lead to delays or challenges during probate. Seeking guidance helps tailor a will to your circumstances, clarify complex provisions, and coordinate other planning documents. A professional review reduces the risk of unintended consequences and increases the likelihood that your wishes will be given effect without costly litigation.
You can change a will by executing a new will that expressly revokes prior wills, or by adding a codicil that amends specific provisions if allowed by state law. Revocation may also occur through physical destruction with intent to revoke, such as tearing or burning the document in some jurisdictions. Because formal requirements vary, proper preparation of a new will or codicil is important to avoid ambiguity. After major life changes like marriage, divorce, or new children, reviewing or replacing your will helps ensure it continues to reflect current wishes and legal standards.
If someone dies without a will, state intestacy laws determine how property is distributed, typically prioritizing spouses, children, and other close relatives. These default rules may not align with the decedent’s preferences and can result in unintended beneficiaries receiving assets or complications for unmarried partners. Intestacy also means a court will appoint an administrator to manage the estate, and guardianship for minor children may be decided through family court if no parental nomination exists. Creating a will avoids these uncertainties and gives you control over distribution and appointments.
Review your will whenever you experience major life events such as marriage, divorce, birth or adoption of children, death of a beneficiary, changes in significant assets, or starting or selling a business. These events can materially affect distribution plans, guardianship choices, and administrative needs. Even absent major changes, periodic reviews every few years are a good practice to confirm beneficiaries, update asset lists, and ensure the will’s language remains clear and enforceable under current law. Regular maintenance helps prevent unexpected outcomes at the time of administration.
Yes, a will can nominate one or more guardians to care for minor children and can include instructions for how assets left to children should be managed. Naming a guardian in your will gives courts a clear expression of your preference, which they typically consider when determining guardianship arrangements. Because guardianship involves both personal care and financial oversight, it’s important to discuss nominations with potential guardians and to plan for how inheritance funds should be managed, possibly through trusts or custodial arrangements to protect the child’s interests over time.
Wills do not avoid probate; rather, they provide the instructions that probate courts use to distribute probate assets. Probate is the process for validating a will, paying debts, and transferring assets that are titled in the decedent’s name alone. Certain assets, like those with designated beneficiaries or held in trust, may pass outside probate. Using additional tools such as revocable trusts, beneficiary designations, and joint ownership can reduce the portion of the estate subject to probate. Combining these strategies with a will offers a comprehensive plan to manage how and when assets transfer to heirs.
Digital assets such as online accounts, social media, digital photos, cryptocurrency, and cloud-stored documents should be inventoried and instructions provided for access and disposition. A will can address ownership of digital property, but separate access instructions and account credentials are often needed because practical access may be governed by service agreements and privacy laws. Consider pairing a will with a secure list of account information and a designated digital fiduciary who can manage or distribute digital assets. Regularly update access information and review service terms to ensure your plan remains practical and enforceable.
Bring a list of assets and their ownership information, any existing estate planning documents, key account numbers, deeds, and beneficiary designations to your first appointment. Also prepare a summary of family relationships and any specific wishes for guardianship or distributions so the discussion addresses your priorities and potential complications. Providing recent statements and documentation about business interests, retirement accounts, and life insurance helps create a comprehensive plan. The more detail you provide initially, the better tailored the will and accompanying documents will be to your needs and objectives.
