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Wills: Frequently Asked Questions

What happens if I die without a will?

If you don’t make a will or use some other legal method to transfer your property when you die, state law will determine what happens to your property. (This process is called “interstate succession.”) Your property will be distributed to your spouse and children or, if you have neither, to other relatives such as siblings or parents according to a statutory formula.

If no relatives are found to inherit your property, it will go into your state’s coffers. More importantly however is that if you have minor children, in the absence of a will, a court will determine who will care for your young children and their property if the other parent is unavailable, unfit, or has died as well.

Can I just make a handwritten will if I don’t have much property?


If you have very little property, and you want to make just a few specific bequests, a holographic will is better than nothing, provided it’s valid in your state. In general however, they’re not recommended. Unlike regular wills, holographic wills are not usually witnessed, so if your will goes before a probate court, the court may be unusually strict when examining it to be sure it’s legitimate. It’s better to take a little extra time to write a will that will easily pass muster when the time comes.




Yes. If both parents of a child die while the child is still a minor, another adult–called a “personal guardian”–must step in. You and the child’s other parent (if there is one) can use your wills to name someone to be your child(ren)’s guardian. To avert conflicts, each parent should name the same person. If a guardian is needed, a judge will appoint the person you named as guardian as long as he or she agrees that it is in the best interest of your children.

The personal guardian will be responsible for raising your children until they become legal adults. It goes without saying that you should have complete confidence in the person you name, and of course, you should ask the person if he or she is willing to accept the responsibility of raising your children–should the need actually arise–before you name him or her as guardian in your will.

What happens to my will when I die?


What if someone challenges my will after I die?

Very few wills are ever challenged in court. When they are, it’s usually by a close relative who feels somehow cheated out of his or her rightful share of the deceased person’s property.

Generally speaking, only spouses are legally entitled to a share of your property. Your children aren’t entitled to anything unless you unintentionally overlooked them in your will.

To get an entire will invalidated, someone must go to court and prove that it suffers from a fatal flaw: the signature was forged; you weren’t of sound mind when you made the will or you were unduly influenced by someone.




If you die without leaving written instructions about your preferences, state law will determine who has the right to decide how your remains will be handled. In most states, the right–and the responsibility to pay for the reasonable costs of disposing of remains–rests with the following people (in the order shown):

  • Spouse
  • Children
  • Parents
  • The next of kin, or


Disputes may arise if two or more people, the deceased person’s children for example, share responsibility for a fundamental decision, such as whether the body of a parent should be buried or cremated. Such disputes can be avoided if you are willing to do some planning and to put your wishes in writing. In most cases the courts will respect your wishes.


  • Whether or not you wish to be embalmed
  • Who your pallbearers will be if you wish to have some
  • How your remains will be transported to the cemetery and gravesite
  • Where your remains will be buried, stored or scattered

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