Here’s what you need to know about creating a will – CNBC
The coronavirus may have you thinking more about your mortality. After all, what if?
Pandemic or not, it's important to consider what would happen to your bank accounts, your home, your belongings i.e., everything you own and, perhaps, your dependents, if you're no longer here.
In other words, you should prepare a will if you don't already have one.
In every jurisdiction, if there isn't a valid will, assets will pass on to your heirs by law, who may or may not be who you would have provided for in a will," said Samantha Weyrauch Davis, an estate planning attorney and director with the law firm Hall Estill in Tulsa, Oklahoma. "It also lets you name a guardian for children."
If you pass away with no will called dying intestate a state court decides who gets your assets and, if you have children, who will care for them.
This means that if you have an unmarried partner or a favorite charity but no will, your assets may not end up with them. Typically, the courts will pass on assets to your closest blood relatives, even if that wouldn't have been your first choice.
A will is just one piece of an "estate plan." An estate just refers to what you own your financial accounts, possessions and any real estate. Putting a plan in place for those assets helps ensure that upon your death, your wishes are carried out and that family squabbles don't evolve into destroyed relationships.
In other words, it's partly about making things easier for your loved ones during an already-difficult time.
Here's what else you should consider if you want to prepare a will.
A will is a document that lets you relay who gets what when you pass away. You can get as specific as you want (i.e., you leave a certain family heirloom to a particular person) or keep it more general (i.e., you want your surviving spouse to get everything).
However, there are some assets that pass outside of the will, including retirement accounts such as 401(k) plans and individual retirement accounts, as well as life insurance policies.
This means the person named as a beneficiary on those accounts will generally receive the money no matter what your will says. (Be aware that 401(k) plans require your current spouse to be the beneficiary unless they legally agree otherwise).
Regular bank accounts, too, can have beneficiaries listed on a payable-on-death form, also known as a POD, which your bank can supply.
If no beneficiary is listed on those non-will items or the beneficiary has already passed away, the assets automatically go into probate. That's the process by which all of your debt is paid off and then the remaining assets are distributed to heirs. The process can last several months to a year or more, depending where you are and what's involved in handling your estate.
If you own a home, be sure to find out how it should be titled to ensure it ends up with the person (or people) you want it to, because the laws can vary from state to state. Moreover, there can be other considerations when it comes to how a house is titled, including protection from potential creditors or for tax reasons later when the home is sold.
You can turn to an estate planning attorney in your local area to ensure familiarity with state laws or use an online option. However, be aware that not all of the web-based alternatives will necessarily reflect the specifics of your state's law.
"There's risk in doing it that way," Davis said. "Those forms or software may not be compliant with your local law, so look at the fine print."
If an online option ends up being appropriate for your situation, you may be able to find a form to download for free. Software will-making options can run about $60 or more, depending on what else is included. To set up an estate plan with an attorney could run several hundred dollars to more than $1,000, depending on the complexity of your situation.
Also, you'll need to have a witness and/or notary sign it and make the document official, depending on the state where you live.TheAmerican College of Trust and Estate Counsel's websiteoffers a guide to laws and accommodations in every state if in-person meetings are not permitted due to the pandemic.
More from Personal Finance:Here's how unpaid debt is handled when a person diesThese are the top 10 cities for summer staycationsHere are jobs created by the coronavirus pandemic
As part of the will-making process, you'll need to pick an executor of your will (sometimes called a personal representative).
This can be a big job, experts say. Things such as liquidating accounts, ensuring your assets go to the proper beneficiaries, paying any debts not discharged (i.e., taxes owed to the IRS), and even selling your home could be among the duties undertaken by the executor.
In other words, just because you've known your best friend since elementary school doesn't mean handling the challenge of being an executor is up their alley.
Typically, estate planning also includes preparing a few other legal documents. This includes an advance health-care directive, also known as a living will.
This document outlines your wishes if you become incapacitated due to illness or injury.
Say you are on life support. Instead of a loved one making the agonizing decision whether to end all life-saving measures, your wishes would be specified in a legal record.
It's also worth assigning powers of attorney. If you become incapacitated, the people you grant powers of attorney will handle your medical and financial affairs if you cannot.
Often, the person who is given this responsibility when it comes to your health care is different from whom you would name to handle your financial affairs.
As with choosing an executor, make sure whoever you hand the financial reins to is trustworthy and smart.
"I tell my clients it's really important to carefully consider the individuals you name," Davis said. "You want to make sure they have the ability, skill set, time and desire to make such decisions and do these sorts of things."
While it can be hard to imagine your own death, picture your family having to search through drawers for your original will, documents regarding your bank accounts and other assets, and maybe even your Social Security number.
The best way to avoid forcing them to deal with that task on top of mourning is to leave an organized list of information that the will's executor will need to settle your estate, experts say. Be sure this includes passwords so your online accounts can be accessed.
If you want your kids to receive money but don't want to give a young adult or one prone to poor money management unfettered access to a sudden windfall, you can consider creating a trust to be the beneficiary of a particular asset.
A trust holds assets on behalf of your beneficiary or beneficiaries, and is a legal entity dictated by the documents creating it. If you go that route, the assets go into the trust instead of directly to your heirs. They can only receive money according to how (or when) you've stipulated in the trust documents.
Subscribe to CNBC on YouTube.
Excerpt from:
Here's what you need to know about creating a will - CNBC
- I signed up to YouTube Premium exclusively for music videos, and its like MTV never left but theres one reason why I wont go beyond my free trial -... - April 21st, 2026 [April 21st, 2026]
- Microsoft College Offer doles out free software so that you forget that MacBook Neo is a better deal - Yahoo Tech - April 21st, 2026 [April 21st, 2026]
- The creative software industry has declared war on Adobe - The Verge - April 21st, 2026 [April 21st, 2026]
- Foundation Software and Hahn Loeser & Parks LLP to Host Free Webinar on Subcontractor Risk Management - Bluefield Daily Telegraph - April 21st, 2026 [April 21st, 2026]
- Top 7 Free Accounting Software for Clubs and Associations - Small Business Trends - April 10th, 2026 [April 10th, 2026]
- [un]prompted 2026 Code Is Free: Securing Software In The Agentic Future - Security Boulevard - April 7th, 2026 [April 7th, 2026]
- Best antivirus for Windows 11: Guide to choosing the right software - Acronis - April 7th, 2026 [April 7th, 2026]
- Work faster in Krita with these pro tips master the best free Photoshop alt - Creative Bloq - April 7th, 2026 [April 7th, 2026]
- JWM Guard Tour Patrol System - Battery Powered RFID Reader With LCD, Free Software For Security Monitoring - ruhrkanal.news - April 7th, 2026 [April 7th, 2026]
- Download the Free Guide: The 2026 Buyer's Guide to Hotel Management Software Released By Roommaster - Hotel News Resource - April 5th, 2026 [April 5th, 2026]
- Acer's Chromebook Plus Easter offer comes with free software worth more than the laptop itself, including GeForce Now - PC Guide - April 3rd, 2026 [April 3rd, 2026]
- Inside the German state trying to break free from Microsoft - Financial Times - April 3rd, 2026 [April 3rd, 2026]
- The Document Foundation Calls on Europe to Break Free from Proprietary Software - Linuxiac - April 3rd, 2026 [April 3rd, 2026]
- Fret Not, Some of These Apps are Free This Week! - nextpit.com - April 3rd, 2026 [April 3rd, 2026]
- Garmin smartwatch users may be green with envy over Coros latest free update - t3.com - April 3rd, 2026 [April 3rd, 2026]
- Get Your Free Apps of the Week Here! - nextpit.com - March 26th, 2026 [March 26th, 2026]
- Zeptive Software Update Boosts Vape Detection Performance - GlobeNewswire - March 22nd, 2026 [March 22nd, 2026]
- PRToolFinder Adds New Filters to Discover Free PR Tools and Free Software Trials Across its PR Tools Directory - Yahoo Finance - March 22nd, 2026 [March 22nd, 2026]
- Temecula DSP MDV-II: a free emulation of the Alesis MidiVerb II multi-FX processor - synth anatomy - March 22nd, 2026 [March 22nd, 2026]
- Garmins top smartwatches are getting a massive free software update here are the 2 best new features - MSN - March 22nd, 2026 [March 22nd, 2026]
- Sojus Records Ensoniq SD-1: an open-source emulation of the 1990 TransewaveTM synth - synth anatomy - March 22nd, 2026 [March 22nd, 2026]
- Chardet dispute shows how AI will kill software licensing, argues Bruce Perens - theregister.com - March 11th, 2026 [March 11th, 2026]
- Free income tax help and software are available in SC. Here's where and how. - Post and Courier - March 9th, 2026 [March 9th, 2026]
- 70% of taxpayers in the US can file taxes for free. Here's how - USA Today - March 9th, 2026 [March 9th, 2026]
- The complete guide to choosing the best free video editing software for high-quality content creation - AZ Big Media - March 9th, 2026 [March 9th, 2026]
- You can now use Elgato's mic and output mixing software with any device for free and I'm totally sold on it - PC Gamer - March 7th, 2026 [March 7th, 2026]
- Eligible N.Y. taxpayers can file their 2026 taxes for free: How to avoid hidden fees - SILive.com - March 7th, 2026 [March 7th, 2026]
- Volvo Puts Its Money Where Its Mouth Is, Sends UX-Upgrading Over-The-Air Software Update To 2.5 Million Cars - Jalopnik - March 7th, 2026 [March 7th, 2026]
- Best Pokies Software 2026 Real phoenix reborn slot free spins money Apps To have Pokies - Cutival Piura - March 7th, 2026 [March 7th, 2026]
- "Our vision for what creator audio should be" - Elgato launches Wave Next, a new generation of powerful audio hardware with software that's... - March 4th, 2026 [March 4th, 2026]
- Stop Paying for Tax Software Surprises: Know When to Use Paid or Free Versions - CNET - March 4th, 2026 [March 4th, 2026]
- Comparing Free Word Processing Software: Features and Compatibility - Techloy - March 4th, 2026 [March 4th, 2026]
- Winnipeg-based information technology consulting firm IDFusion Software Inc. celebrates 25 years of growth - Winnipeg Free Press - March 4th, 2026 [March 4th, 2026]
- The I.R.S. Shut Its Direct File, but Here Are Other Free Filing Options - The New York Times - February 27th, 2026 [February 27th, 2026]
- Tiagolr Rippler: free MPE physical modeling Synthesizer is the big brother of Ripplerx - synth anatomy - February 27th, 2026 [February 27th, 2026]
- Looking for Free Paid Apps on Your Phone? Check Out This Weeks Selection! - nextpit.com - February 26th, 2026 [February 26th, 2026]
- SpendHound Partners With Rooled to Give High-Growth Startups Free Visibility Into Software Spend - 01net - February 24th, 2026 [February 24th, 2026]
- Why PDFs are so hard to editand the one free app that actually works - How-To Geek - February 11th, 2026 [February 11th, 2026]
- People can't believe this retro cartoon was made in free 3D software - Creative Bloq - February 7th, 2026 [February 7th, 2026]
- Tech stocks go into free fall as it dawns on traders that AI has the ability to cut revenues across the board - Fortune - February 7th, 2026 [February 7th, 2026]
- These Premium Apps Are Now Free But Only for a Limited Time - nextpit.com - February 7th, 2026 [February 7th, 2026]
- Why UK Taxpayers Are Searching for the Best Free Tax Software in 2026 - openPR.com - February 7th, 2026 [February 7th, 2026]
- Aptitude Software Buys Back 23,000 Shares, Cuts Free-Float to 55.3 Million - TipRanks - February 7th, 2026 [February 7th, 2026]
- Dealers will update the batterys software and replace the battery if needed for free. - Facebook - February 4th, 2026 [February 4th, 2026]
- LibreOffice 26.2 Released With Many Refinements To This Open-Source Office Suite - Phoronix - February 4th, 2026 [February 4th, 2026]
- Use Your Library Card to Stream More Than 30,000 Movies for Free With This Streaming Service - CNET - February 4th, 2026 [February 4th, 2026]
- 7 open-source apps I'd happily pay for - because they're that good - ZDNET - February 1st, 2026 [February 1st, 2026]
- Fed up of subscriptions? Here's the free software every digital artist needs - Creative Bloq - January 24th, 2026 [January 24th, 2026]
- The Best Personal Finance and Budgeting Apps We've Tested for 2026 - PCMag - January 24th, 2026 [January 24th, 2026]
- Free download of software-defined automation application for manufacturing autonomy - Electropages - January 24th, 2026 [January 24th, 2026]
- Flexxbotics Releases Software-Defined Automation as Free Download to Accelerate Smart Manufacturing - Metrology and Quality News - January 24th, 2026 [January 24th, 2026]
- Richard Stallman to Speak on Software Freedom and AI at Georgia Tech - It's FOSS - January 24th, 2026 [January 24th, 2026]
- 'The Polar Loop is a capable heart rate tracker, but its activity tracking software stops it from being a Whoop-killer' - TechRadar - January 24th, 2026 [January 24th, 2026]
- Now or Never: These Apps Are Available for Free Right Now - nextpit.com - January 24th, 2026 [January 24th, 2026]
- GNU ddrescue 1.30 "Orders of Magnitude" Better In Recovery From Drives With A Dead Head - Phoronix - January 6th, 2026 [January 6th, 2026]
- Top 10 Free Gaming Tools and Must-Have Software Every PC Gamer Needs in 2026 - Tech Times - January 4th, 2026 [January 4th, 2026]
- Free Laptops with i3 Processor, 8GB RAM, and AI Software to Be Distributed Starting Tomorrow - indiaherald.com - January 4th, 2026 [January 4th, 2026]
- ReactOS Starts 2026 With Another "Major Step" Toward Windows NT6 Compatibility - Phoronix - January 4th, 2026 [January 4th, 2026]
- How to Break Up With Adobe in 2026: The Subscription-Free Creative Suite - Fstoppers - December 31st, 2025 [December 31st, 2025]
- Schleswig-Holstein will save 15 million in 2026 by dropping Microsoft software in favor of free Linux by - ProVideo Coalition - December 31st, 2025 [December 31st, 2025]
- TurboTax Review: Easy to Use For Most Filers in Tax Year 2025 - CNET - December 31st, 2025 [December 31st, 2025]
- Ekennis Software Service Limited Nearing Breakout Level After Bounce - Dividend Yield Trends & Free Tools to Monitor Market Corrections -... - December 31st, 2025 [December 31st, 2025]
- DJI's free software update gives its flagship action camera a massive resolution upgrade and focus peaking - T3 - December 27th, 2025 [December 27th, 2025]
- How Divvy Achieved Explosive Revenue Growth with a Free Software Model - getlatka.com - December 10th, 2025 [December 10th, 2025]
- A teenager redrew the Alabama voting map and its now state law - The Guardian - December 2nd, 2025 [December 2nd, 2025]
- The new Debian Libre Live is all about free software, but I need my proprietary apps - ZDNET - December 2nd, 2025 [December 2nd, 2025]
- Full Bucket Music FB-02, free Synthesizer plugin is a Yamaha FB-01 FM synth emulation and editor - synth anatomy - December 2nd, 2025 [December 2nd, 2025]
- We've tested the best antivirus software to protect your computer and these are the 6 we recommend - Tom's Guide - November 28th, 2025 [November 28th, 2025]
- Chrystalleni Loizidou on meaningful participation in a free/libre technology funding programme - Association for Progressive Communications - November 28th, 2025 [November 28th, 2025]
- Why open source isnt free (and never was) - How-To Geek - November 18th, 2025 [November 18th, 2025]
- Affinity by Canva review: free is the magic number - Creative Bloq - November 18th, 2025 [November 18th, 2025]
- Trump administration ended free tax filing program. Heres where Oregonians can go instead - Oregon Capital Chronicle - November 18th, 2025 [November 18th, 2025]
- A lot of free PC software is risky. Use these alternatives instead - PCWorld - November 5th, 2025 [November 5th, 2025]
- Mega recall in the U.S. is official. - Toyota confirms free ECU software update for cameras not displaying image when reverse gear is engaged - Unin... - November 5th, 2025 [November 5th, 2025]
- Is Affinity's free Photoshop rival too good to be true? - Creative Bloq - November 3rd, 2025 [November 3rd, 2025]
- New features are coming to Pikmin 4! - Nintendo - November 3rd, 2025 [November 3rd, 2025]
- Avoid Purging Thousands of Emails With This Gmail Trick to Free Up Space - CNET - November 3rd, 2025 [November 3rd, 2025]
- 3,000+ YouTube videos deliver malware disguised as free software - Kurt the CyberGuy - October 31st, 2025 [October 31st, 2025]
- Affinity, the new version of the creative software, is now free of charge - PrintIndustry.news - October 31st, 2025 [October 31st, 2025]
- Affinity's creative software is free for everyone now - and I think that could be bad news for Adobe - TechRadar - October 31st, 2025 [October 31st, 2025]