Last will and testament
Also called: will
The legal document that says who gets what and names an executor. It still goes through probate — it does not avoid it. Without one, state intestacy law decides.
A will directs how a person's probate property is distributed, names the executor who carries it out, and — critically for parents — can name a guardian for minor children. To be valid it must meet the state's signing and witnessing rules. It can be updated any time before death.
A common misconception is that having a will avoids probate. It does not; it guides the probate court. Tools like payable-on-death accounts, beneficiary designations, and living trusts are what actually move assets outside probate.
- Executor— The person legally responsible for settling a deceased person's estate — paying debts, filing taxes, distributing assets per the will. Named in the will, or appointed by the court if there is none.
- Probate— The court-supervised process of validating a will (if there is one), paying debts, and transferring the deceased's property to heirs. Required in most cases, though some assets bypass it.
- Intestate— Dying without a valid will. State law (the 'intestate succession statute') determines who inherits what — usually spouse and children first, then parents, siblings, and outward.
- Estate— Everything a person owns at death — real estate, accounts, vehicles, and belongings — minus their debts. The estate is what gets settled and distributed.
This definition is general consumer information, not legal, medical, or financial advice. Industry practices and regulations change occasionally; verify before relying on anything here for a specific decision.
Stuck or just need to hear a human voice?
Call (385) 553-11419am–9pm ET, every day.
Prefer email? support@honestfuneral.co