A will lasts forever unless the testator revokes it or other conditions are met. Immediately after someone creates it, the language takes effect. So, if you die the next day, your personal representative ensures that your wishes are carried out.
It is common for circumstances to change throughout your lifetime, and when they do, you can simply change the existing will without having to create a new one.
Do wills expire? A will's validity and timeline
If a will is properly executed and created, it does not have an expiration date. The will remains in effect unless you revoke it or something supersedes it, such as a new will.
If you want to revoke it entirely, you may do so by creating a new document or taking action that invalidates your previous one. You may choose to update your will due to changing circumstances in your life, such as a marriage, divorce, death, birth, or the purchase or sale of property.
It’s best practice to review your will every year to ensure that it doesn’t become out of date. Consider this part of how you manage assets and update your estate plan. Your executor is charged with following your written wishes in your will as is. Updating your will when there are big life changes ensures that your wishes are followed and property is distributed to your chosen family members.
In general, a will is valid if:
- The testator (whose will it is) is of sound mind when they signed
- The testator was not coerced into signing or signed under duress
- The testator and others involved followed your state's laws for signing the will
Factors that can invalidate or revoke a will
While a will doesn’t expire, it can become invalid in a few situations. While some of these reasons vary depending on which state you live in, there are some that exist across state lines.
A will can become invalid if it isn’t legally executed.
Other reasons a will might be invalidated include if you:
- Revoke it or create a new one
- Don’t have witnesses sign your will
- Are coerced into signing it
Invalidated by statute
State statutes vary, but most require the testator to sign their will. If you haven't done so, and you live in a state that requires this, then your document is considered invalid.
It could also be invalidated if you didn't have the required witnesses sign it. In addition, some states require a notary. Making sure you follow your state's guidelines for execution is a simple step to ensuring that your will remains legally valid.
When drafting your will, make sure it includes a provision for what to do if your spouse dies before you. Doing so ensures that your document is valid if your spouse or any other heir dies first.
Our step-by-step online tool helps you make key decisions with confidence, at your pace.
Revoked by the testator
When your life circumstances change, make sure you update your estate planning documents accordingly.
In addition, as the testator, you always have the option to revoke a will you've created. You can do this in different ways.
An individual can only have one will. So when you create a new one, all other previous documents you have created are automatically revoked if you include the right language. When creating a new document, make sure there is language in it stating that you revoke all other previous wills.
In some states, you can also destroy it. Keep in mind this leaves you without a will until you create a new one.
It's also possible that no one is aware that you have destroyed your document. It's best to let someone know when you revoke a previous will without creating a new one.
Fraud or influence
Another way a will can be invalidated is if someone attempted to commit fraud or coerce someone into signing a will.
When a person signs their will, they must be of sound mind and make the decisions independently. The will is invalid if evidence shows that the person had been encouraged to sign it or couldn’t understand what they were signing.
Importance of regularly updating a will
It's important to understand that this estate planning document, once correctly drafted and executed, lasts forever. If you need to change it, you can do that by visiting an experienced estate planning attorney who can create a codicil to modify your existing document. You also always have the option of creating an entirely new one.
Reviewing and updating your will every year can avoid sticky situations and confusion for your heirs after your death. An invalid or not-updated will can delay probate and distributing assets.
Changes in personal circumstances
Big life changes can also invalidate your will. If something in your life changes but doesn’t get updated in your will, your executor may not be able to fulfill your wishes.
Life changes that could impact your will include:
- Births
- Deaths
- Marriages
- Divorces
- Changes in legal guardian status
- Sale or purchase of property
- A large change in personal wealth or debt
In most states, if you get divorced, your will is automatically revoked. This means that even if you don’t update your will, your ex-spouse is not entitled to anything. That being said, if you are married, most states do not allow you to entirely remove your spouse from your will. If you don’t want any assets to go to them, you’re going to need to consult a legal professional about that.
No matter which path you choose, make sure you keep in mind that your will lasts until you die, you take steps to revoke it, or a judge invalidates the documentation. That's why it's so important to make sure it is drafted and executed correctly from the start.
FAQs
How long is a will valid after death?
A will is valid until the probate process is complete, no matter how long it takes.
It is recommended that your estate executor begin the probate process soon after death because assets can lose value, and completing probate can be more difficult the longer you wait.
Does inheritance from a last will expire?
During the probate process, the beneficiaries named in the will are confirmed by a judge, and the distributions are made prior to the closing of the estate. If a beneficiary cannot be determined in the will, state law will determine who is next in line. If no beneficiaries can be found, then the asset may “escheat” to the state.
Can a will be valid if it’s handwritten?
In some states, a handwritten or holographic will is considered valid. The requirements and legality of handwritten wills depend upon the state.
What happens to my will after I die?
After you die, your executor follows your wishes on how you want your property distributed and the entire process is overseen by a judge in probate court. The will is used as the guiding document for your wishes. Once all of your assets have been distributed, your debts paid, and probate has been completed, your will is no longer needed.
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