Skip to content
  • 24/7 Call Answering (602) 932-3187
Book A Call
  • 24/7 Call Answering

(602) 932-3187

estate planning law firm
  • Home
  • Start Here
    • Becoming a Client
    • Our Story
    • Our Approach & Values
    • Meet the Team
  • Practice Areas
    • Estate Planning, Wills, and Trusts
      • Estate Planning
      • Trusts
      • Wills
      • Power of Attorney
      • Deeds & Real Estate Transfers
    • Specialized Planning
      • Minor Children
      • Special Needs Trusts
      • Asset Protection Planning
      • Irrevocable Trusts
    • Elder Care
      • Long term Care
      • Medicaid (ALTCS)
      • Guardianship
    • Probate
      • Do I Need Probate?
      • Avoiding Probate
      • Trust Administration
    • Business Planning
      • Business Formations
      • Business Succession Planning
      • Operating Agreements
      • Employment Agreements
  • Testimonials
  • Resources
    • Estate Planning Blog
      • Estate Planning
      • Elder Law
      • Probate
      • Business Succession
      • Guardianship
    • Videos & Recordings
    • Seminars & Webinars
    • Free Estate Planning Masterclass
    • Educational Library
    • Estate Planning Resources For Professional Advisors
    • FAQs
    • Media Room
  • Contact Us
    • Schedule Strategy Session
    • Office Locations
  • Home
  • Start Here
    • Becoming a Client
    • Our Story
    • Our Approach & Values
    • Meet the Team
  • Practice Areas
    • Estate Planning, Wills, and Trusts
      • Estate Planning
      • Trusts
      • Wills
      • Power of Attorney
      • Deeds & Real Estate Transfers
    • Specialized Planning
      • Minor Children
      • Special Needs Trusts
      • Asset Protection Planning
      • Irrevocable Trusts
    • Elder Care
      • Long term Care
      • Medicaid (ALTCS)
      • Guardianship
    • Probate
      • Do I Need Probate?
      • Avoiding Probate
      • Trust Administration
    • Business Planning
      • Business Formations
      • Business Succession Planning
      • Operating Agreements
      • Employment Agreements
  • Testimonials
  • Resources
    • Estate Planning Blog
      • Estate Planning
      • Elder Law
      • Probate
      • Business Succession
      • Guardianship
    • Videos & Recordings
    • Seminars & Webinars
    • Free Estate Planning Masterclass
    • Educational Library
    • Estate Planning Resources For Professional Advisors
    • FAQs
    • Media Room
  • Contact Us
    • Schedule Strategy Session
    • Office Locations

How Does a Will Work after Death?

Serving Clients in the Mesa and Gilbert, Arizona Area

How Does a Will Work after Death?
  • December 23, 2021
  • Advanced Directives, Estate Administration, Estate Planning, Estate Tax, Power of Attorney, Probate, Trust Administration, Wills & Trusts
Gilbert Arizona estate planning attorney

BY: Jake Carlson

Jake Carlson is an estate planning attorney, recognized business leader, inspiring presenter, and popular podcast host. He is personable and connects immediately with others. A natural storyteller, he loves listening to your story and exploring what matters most to you.

Get To Know Jake
Please Share!
Facebook
Twitter
LinkedIn
Email
Every estate plan should include three essential documents: a durable general power of attorney, a healthcare power of attorney and a last will and testament. Of the three essential estate planning documents, the will is the only document that is used after death.
  • Scroll Down to Read Article

A last will and testament, often referred to as simply a “will,” is the best known estate planning document. However, how does a will work after death? It’s one of the most misunderstood, says an article titled “Most people don’t fully understand how wills work” from The News-Enterprise.

Don’t confuse a will with a Living Will. The Living Will concerns your wishes for end-of-life decision making, like whether you want to be kept alive by artificial means. A will is your declaration of how you want your property to be distributed after death.

Generally speaking, there are five main parts to a will. The first is a statement of your marital status and family relationships. It recognizes your natural heirs and states the relationship, even if they are not named later on as beneficiaries.

The second part of the will discussed how property is to be divided and distributed. This may include a list of beneficiaries and what percentage of the estate they are to receive. It may include instructions for distributions over a period of time, although a trust is usually used to control distribution. Personal items, including those of value, like jewelry, and those of sentimental value, like Mom’s favorite serving platter, can be listed in this section.

The third part names the people you have chosen to fulfill specific roles. That includes the executor, who is the person responsible for carrying out the instructions in the will. Always name a successor executor, in case the primary executor predeceases you or chooses not to serve. Some people are comfortable naming a tertiary executor, just in case.

The will includes information on the rights and duties of the executor, authorizing the executor to pay bills from the estate owed to creditors, final illness expenses and funeral expenses. Depending on your situation, it can also include information on whether the executor may acquire assets, sell real estate and personal property and make charitable gifts. Most executors file the last and final federal and state tax returns for the decedent.

If there are minor or disabled children, the will is used to name a guardian for them. If this detail is neglected, the court will appoint a guardian for minor or disabled children. It may not be the person you would have chosen. Over time, as your children grow and especially if their relationships with family members change, this should be updated. The same doting aunt who adored your three year old may not have the same relationship with the teenager she has now become.

Having a will means that property passes through probate, a court proceeding to make sure the will is valid and conforms to the laws of the state. Unless property has passed through a trust or a payable on death account, it goes through probate. The will is filed with the court, when it becomes part of the public record and may be read by anyone who wants to see its contents.

A will provides no protection from creditors. The will only becomes effective after death, so it only applies to whatever property is available after the person has died. By law, debts must be paid before beneficiaries receive property.

To learn more about estate planning in the East Valley, Gilbert, Mesa and Queen Creek, schedule your free consultation with Attorney Jake Carlson by using one of the links above.

Reference: The News-Enterprise (Nov. 9, 2021) “Most people don’t fully understand how wills work”

PrevPreviousCan I Change My Estate Plan During Divorce?
NextHow to Approach Parents about Estate PlanningNext
Subscribe!

Recent Posts
  • How to Get Veterans Health Benefits
  • A Wasting in Margaritaville: What the Jimmy Buffett Estate Battle Can Teach Us About Trusts, Conflict, and Clear Planning
  • Three Top Excuses Heard by Estate Planning Attorneys
  • Pros and Cons of Pre-Paid Funeral Plans
  • Here’s Why Everyone Should Have a Will
Categories
  • Advanced Directives
  • ALTCs
  • Alzheimer's Disease
  • Asset Protection
  • Business Formations
  • Business Succession
  • Charitable Planning
  • Dementia
  • Elder Law
  • Estate Administration
  • Estate Planning
  • Estate Tax
  • Guardianship
  • Life Insurance
  • Medicaid
  • Medicare
  • News
  • Power of Attorney
  • Probate
  • Retirement
  • Social Security
  • Special Needs
  • Trust Administration
  • Uncategorized
  • Wills & Trusts

Contact Us

All fields marked with an “ * ” are required

Practice Areas

Conservatorship Lawyer Mesa, AZ
End-Of-Life Planning Lawyer Mesa, AZ
Estate Planning Lawyer Mesa, AZ
Guardianship Lawyer Mesa, AZ

Wills And Trusts Lawyer Mesa, AZ
Living Will Lawyer Mesa, AZ
Business Formation Lawyer Mesa, AZ

Estate Administration Lawyer Mesa, AZ
Asset Protection Lawyer Mesa, AZ
Living Trust Lawyer Mesa, AZ

estate planning law firm
Facebook-f Twitter Linkedin-in Youtube Instagram Rss

Our Mesa Office

2500 S Power Road
Bldg 14
Suite 132
Mesa, AZ 85209

New Clients: (602) 932-3187

Existing Clients: (480) 400-0111

Our Gilbert Office

1425 S. Higley Road #106
Gilbert, AZ 85296

Also Serving: Apache Junction AZ, Queen Creek AZ and San Tan Valley AZ 

Copyright © 2025 – LifePlan Legal AZ. All rights reserved. Some artwork provided under license agreement. Privacy Policy | Disclaimer | Sitemap