What a Will Does - and What It Doesn't
A last will and testament is the foundational document of any estate plan. It directs where your assets go after you die, names the person responsible for carrying out those instructions, and - critically - is the only document where you can name a guardian for your minor children.
That said, a will is not a complete estate plan on its own. It does not avoid probate, it does not control assets that pass by beneficiary designation, and it does not manage your affairs during your lifetime if you become incapacitated. Understanding what a will can and cannot do is the starting point for building a plan that actually works.
Not sure whether you need a will, a trust, or both? See our Wills vs. Trusts guide →
- Do I need a will if I already have a trust?
- What happens to my children if I don't name a guardian?
- Can I just write my own will?
- What does an executor actually do?
- Does a will avoid probate?
- What if I already have a will - do I need to update it?
- Can I disinherit someone in my will?
What a Will Accomplishes
A properly drafted will does several things that no other document can replace:
Directs the Distribution of Your Estate
Your will specifies who receives your property - real estate, personal belongings, bank accounts, and other assets - and in what proportions. Without a will, Missouri's intestate succession laws determine who inherits, which may not reflect your actual wishes.
Names a Guardian for Minor Children
This is the most important function a will serves for parents of young children. If you and your spouse both die without naming a guardian, a court will make that decision for you. A will gives you the ability to designate who raises your children and under what circumstances.
Appoints an Executor
Your will names the person responsible for administering your estate - collecting assets, paying debts and taxes, and distributing what remains to your beneficiaries. Choosing the right executor and giving them clear authority is an important part of the drafting process.
Establishes Conditions and Timing
A will can include conditions on distributions - for example, delaying an inheritance until a beneficiary reaches a certain age, or directing that assets be held in trust for a minor child. This is especially important when beneficiaries are young or when you have concerns about how assets will be managed.
If You Have a Trust, You Still Need a Will
When a revocable living trust is part of your estate plan, your will becomes a "pour-over will." Its job is to catch any assets that were not transferred into your trust during your lifetime and direct them into the trust at your death - so everything is ultimately distributed according to the trust's terms.
The pour-over will also remains the only place to name a guardian for minor children. Even the most carefully funded trust cannot replace it.
- Catches assets not transferred to your trust during life
- Directs those assets into the trust at death
- Names a guardian for minor children
- Names an executor to administer the estate
- Works alongside - not instead of - your trust
What a Will Cannot Do
A will is a powerful document, but it has real limitations. Understanding these helps explain why most families with significant assets or young children benefit from a more complete plan.
Assets that pass through a will must go through the Missouri probate process - a court-supervised proceeding that takes time, costs money, and becomes part of the public record. A revocable living trust avoids probate entirely.
Life insurance, retirement accounts (401(k), IRA), and payable-on-death bank accounts pass directly to named beneficiaries - completely outside your will. Keeping these designations current is just as important as having a well-drafted will.
A will only takes effect at death. If you become incapacitated, a durable power of attorney and healthcare directive - not your will - govern who makes financial and medical decisions on your behalf.
Once a will is submitted to probate, it becomes a public document. Anyone can read it. A revocable living trust, by contrast, is entirely private - its terms are never filed with a court.
Naming a Guardian: The Most Important Decision in Your Will
For parents of minor children, the guardian designation is often the single most important reason to have a will at all. If both parents die without naming a guardian, a court will appoint one - and that decision may not reflect your values, your relationships, or your children's needs.
A will allows you to name both a guardian of the person (who raises your children) and a guardian of the estate (who manages their inherited assets) - and these do not have to be the same person. We work through this decision carefully with clients, including contingency planning if a first-choice guardian is unable to serve.
When to Update Your Will
A will drafted years ago may no longer reflect your current circumstances. It should be reviewed - and likely updated - after any of the following:
Marriage or divorce. The birth or adoption of a child. A significant change in assets or financial situation. The death of a named executor, guardian, or beneficiary. A move to a different state. A change in your relationship with a named beneficiary. The creation of a trust or other major change to your estate plan.
We review existing documents as part of every new client engagement to make sure everything works together as intended - not just in isolation.
Frequently Asked Questions
Do I need a will if I already have a trust?
Yes. Even with a comprehensive revocable living trust, you still need a will - specifically a pour-over will. It catches any assets that were not transferred into your trust during your lifetime and directs them into the trust at your death. It is also the only document where you can name a guardian for minor children. A trust alone is not a complete estate plan.
What happens if I die without a will in Missouri?
Missouri's intestate succession laws determine who inherits your estate. The distribution follows a fixed statutory formula based on your family structure - your spouse, children, parents, and siblings each have a defined priority. This may not reflect your actual wishes, and it gives you no ability to make specific bequests, name a guardian for your children, or direct assets to friends, charities, or other individuals outside the statutory framework.
Can I write my own will?
Missouri does recognize handwritten (holographic) wills under certain conditions, but they carry significant risk. A will that is improperly witnessed, ambiguously worded, or inconsistent with your other estate planning documents can be challenged, partially invalidated, or fail to accomplish what you intended. The cost of a professionally drafted will is modest compared to the cost of resolving a disputed or defective one.
Does a will avoid probate?
No. Assets that pass through a will must go through the Missouri probate process. Probate is court-supervised, takes time (typically six months to a year for a straightforward estate), costs money, and becomes part of the public record. A revocable living trust avoids probate entirely - which is one of the primary reasons many families choose a trust-based plan. See our Wills vs. Trusts guide for a full comparison.
What does an executor do?
The executor (called a "personal representative" in Missouri) is the person responsible for administering your estate after your death. Their duties include filing the will with the probate court, notifying creditors and beneficiaries, collecting and inventorying assets, paying valid debts and taxes, and distributing the remaining assets to your beneficiaries. Choosing someone organized, trustworthy, and willing to take on this responsibility is an important part of the planning process.
How often should I update my will?
There is no fixed schedule, but your will should be reviewed after any major life change - marriage, divorce, the birth of a child, a significant change in assets, the death of a named executor or beneficiary, or a move to a different state. As a general rule, reviewing your documents every three to five years is a reasonable baseline even without a triggering event.