Types Of Wills: Which Is Right For You? (2026)
Contributor
Reviewed By Adam Ramirez, J.D.
Editor
Summary
- A will outlines how you want your assets to be distributed after death
- It also lets you name guardians for minor children and pets
- In many cases, your will isn’t the only document in your estate plan
Even if you haven’t started the process of estate planning, you likely know that your last will and testament, often just called a “will,” is essential. However, there are a few different types of wills, and it’s important to select the one that’s best suited to your situation.
Common Types of Wills
These are a few of the most common types of wills to choose from:
Last Will and Testament
A last will and testament is an estate planning document that establishes the following:
- The distribution of your assets after death
- The executor of your estate
- The guardian of your minor children and/or pets
Many states require this document to be notarized or signed in front of witnesses to be legally valid. You can create a last will and testament online.
Living Will
A living will is different from a last will and testament. It’s an advance directive where you outline your preferences for medical care in the event that you become incapacitated.
If you have a medical power of attorney document, your living will can guide your agent as they make critical decisions about your medical care. You can create a customized, legally valid living will in minutes.
Pour-Over Will
After a person’s death, their will ordinarily must go through probate. This is a legal process where a court determines whether the will is valid. It can often be time-consuming and expensive.
Many people create living trusts to “hold” their assets and prevent them from having to go through probate. However, if they die before transferring all of their assets to the trust, the will might have to go through probate anyway.
A “pour-over will” is a document that ensures any remaining assets are transferred to the living trust after death. You can protect your assets and your loved ones by creating a pour-over will.
Will for Parents of Minors
Strictly speaking, this isn’t a different type of will. However, if you have minor children, it’s important to have your will name guardians to care for those children if you and their other parent cannot.
Before creating your will, you should consult with your chosen guardians and make sure they’re comfortable assuming this responsibility. Creating a will for parents of minors helps safeguard your family’s future.
The Importance of Choosing the Right Will
After your death, you won’t be around to clarify if your loved ones have questions about your assets. That’s why it’s critically important to have a will that’s clear, precise and legally valid. When you take the time to choose the right will now, you’re protecting your loved ones from additional heartache down the line.
Browse the wide selection of legal forms and documents from ConsumerShield now.
What Is A Will Knowledge Base
Read the latest information on What Is A Will and find answers to your questions. Currently there are 2 topics about What Is A Will .
Types Of Wills
