What Is a Will and Why Every Senior Needs One

A will is one of the most important documents you can leave behind for your family — and one of the most commonly skipped. Without one, the state decides who gets your belongings, which may not reflect your wishes at all. The good news is that a basic will is simpler to set up than most people expect.

What Does a Will Actually Do?

A will directs how your assets are distributed after you die, names an executor to carry out your wishes, and — if you have minor children — names a guardian for them. It only covers assets that go through probate. Accounts with named beneficiaries (retirement accounts, life insurance, joint accounts) pass outside the will regardless of what it says.

A will is a legal document that tells the court and your family three things: who receives your property, who is responsible for carrying out your wishes, and — if relevant — who should care for any minor children or dependents.

The person you name to carry out your instructions is called your executor (sometimes called a personal representative). This is typically a trusted family member or close friend. They are responsible for gathering your assets, paying any final debts, and distributing the remainder according to your written instructions.

What Happens If You Die Without a Will?

Your state's intestacy laws decide who gets what — typically a spouse, then children, then more distant relatives. This may not match your wishes. Unmarried partners, close friends, and stepchildren often receive nothing under intestacy rules. The process can also be slower and more contentious without a will to provide clear direction.

Dying without a will is called dying intestate. When this happens, your state's default inheritance laws take over. The court appoints an administrator — who may or may not be the person you would have chosen — and distributes your estate according to a fixed legal formula.

This can create real problems:

• A partner you were not married to may receive nothing
• Sentimental items may go to someone who did not know they existed
• Family members may have to go to court to sort out disputes
• The process takes longer and costs more than it would with a will in place

What Does a Will Not Cover?

Assets with named beneficiaries — retirement accounts, life insurance, annuities, and jointly held accounts — pass directly to the named beneficiary regardless of what your will says. Trusts also operate outside the will. This means your beneficiary designations and joint titling arrangements need to be reviewed alongside your will, not treated as separate.

A will is powerful, but it does not control everything. Assets that pass outside of probate — the court process for validating a will — are not affected by it. These include:

• Retirement accounts (IRA, 401k): Paid directly to whoever you named as beneficiary on the account form
• Life insurance policies: Same — goes to the named beneficiary regardless of your will
• Jointly held property: Passes automatically to the surviving co-owner
• Payable-on-death bank accounts: Go directly to the person named on the account

This is why reviewing your beneficiary designations regularly is just as important as having a will.

How Do You Get a Will Done?

An estate planning attorney is the most reliable option — they ensure the document is properly drafted, witnessed, and notarized under your state's requirements, and can flag issues you might not anticipate. Online will services exist and work for simple estates. Whatever you use, make sure the final document is signed, witnessed, and stored somewhere your executor can find it.

You do not need to write it yourself or guess at the legal language. Here are your main options:

1. Hire an elder law attorney. This is the most reliable route, especially if you own property, have a blended family, or your situation is at all complicated. An attorney makes sure the document is legally valid in your state and catches problems before they become expensive.
2. Use your state bar's lawyer referral service. Many state bar associations offer reduced-fee consultations for seniors. A single meeting is often enough for a straightforward will.
3. Contact a legal aid organization. If cost is a concern, legal aid programs in most counties provide free or very low-cost will preparation for seniors who qualify.

Once written, your will typically needs to be signed in front of two witnesses and notarized. Your attorney will walk you through the exact requirements for your state.

Keep It Somewhere It Can Be Found

A will does no good if no one can find it. Store the signed original in a fireproof location at home and tell your executor exactly where it is. You can also file it with the probate court in your county for a small fee, which guarantees it is accessible when needed.

Review your will any time your life changes significantly — a death in the family, a marriage or divorce, a major change in what you own, or a move to a different state.