Understanding how a will functions—while you’re here and after you’re gone
A will is one of the most important documents you can create in your lifetime. But what many people don’t realize is that a will has two very different phases: the time before you pass away and the time after. Knowing how a will operates in each phase can help you make more informed, confident decisions—for yourself and your loved ones.
At Paige, we believe estate planning should be empowering, not overwhelming. Here’s a breakdown of how wills work before and after death, step-by-step.
Before You Die: What You Can Do With Your Will
While you’re alive, your will is a living legal document that only becomes legally binding when you pass away. Until then, you’re in full control—and there are several things you can do with your will:
1. Create Your Will
This is the first and most important step. You can:
- Work with an estate attorney
- Use an online will maker (great for simpler estates)
- Handwrite a will if your state allows it (called a “holographic will”)
Your will should clearly state:
- Who will serve as your executor
- Who inherits what (your beneficiaries)
- Your preferences for funeral or burial arrangements
- Any specific instructions about debts or special assets
- Your signature and the required witnesses
2. Amend Your Will
Life changes—so should your will. You can update it at any time, for any reason. Common triggers for making changes include:
- Marriage, divorce, or remarriage
- The birth or adoption of a child
- Acquiring or selling property
- Changing beneficiaries or executors
Updates must be made following legal formalities, often via a document called a codicil.
3. Revoke Your Will
You can revoke (cancel) your will at any point before your death. This can be done in three ways:
- Physical destruction (tearing, burning, etc.) with intent to revoke
- Creating a new will that states the old one is no longer valid
- By law, such as divorce or remarriage that nullifies parts of your will
4. Revive a Previously Revoked Will
If you change your mind after revoking a will, you can bring it back by:
- Re-executing it (signing it again with witnesses)
- Referring to it in a new valid will
Some states also allow revival if a newer will turns out to be invalid.
5. Review Regularly
Revisit your will every few years or after major life events. The most recently executed valid will at the time of your death is the one that will be honored.
6. File It with the Court (Optional)
Some states allow pre-mortem probate—a process where the court confirms your will’s validity while you’re still alive. This can help reduce the chances of disputes after you’re gone.
After You Die: How Your Will Takes Effect
Once you pass, your will becomes the roadmap for settling your estate. Here’s how it unfolds:
1. Your Executor Files the Will for Probate
Your executor will submit the will to the probate court in the county where you lived. The court then issues Letters Testamentary, authorizing them to act on your estate’s behalf.
2. Notifying Heirs and Creditors
The executor must notify:
- Your beneficiaries
- Legal heirs (like children or siblings)
- Anyone named in your will (even if they’re not inheriting)
- Creditors
- Guardians of any minor children (if named)
Creditors have a limited time to file claims against the estate.
3. Contesting the Will (If Applicable)
Someone with legal standing (like a disinherited child or suspicious sibling) can contest the will on grounds such as:
- Undue influence
- Mental incapacity
- Improper execution
- Fraud or forgery
If the court agrees, the will may be invalidated and the estate distributed according to state law.
4. Spousal Election
If your surviving spouse is unhappy with what they’re receiving—or was intentionally left out—they can choose to elect against the will and claim a portion of your estate, as allowed by law.
5. Settling the Estate
This is the main work of the probate process. Your executor will:
- Pay debts and taxes
- Transfer titles
- Distribute property
- Close accounts
- File a final accounting with the court
Only after all these steps will the court officially close the estate.
6. Your Will Becomes a Public Record
Once probate is complete, your will is filed as a public document. Anyone can request to view or copy it at the courthouse.
The Full Life Cycle of a Will: From Planning to Probate
Think of your will as having two lives:
- While you’re alive, it’s flexible—you can create it, change it, revoke it, or replace it.
- After you’re gone, it becomes your voice. And unless contested, it directs exactly how your estate should be handled.
That’s why it’s so important to put your wishes in writing now—while you still can.
The Paige Perspective
Your will is more than a legal document. It’s a gift to your loved ones—a guide that helps them avoid confusion, conflict, and costly delays during a difficult time.
At Paige, we make it easy to:
- Create your will
- Update it as your life changes
- Securely store and share it with the people who need it most
Start your will today—and take one of the most loving steps you can for your family’s future.
Get started with Paige →
