Not every will is the same. Different types of wills serve different purposes, and choosing the right one for your situation can save your heirs time, money, and legal complications. Here's a breakdown of the most common types.
Simple Will (Attested Will)
The most common type of will, a simple will specifies how your assets should be distributed, names an executor to manage the process, and can name a guardian for minor children. It must typically be signed in the presence of two witnesses who also sign the document. Simple wills are suitable for most adults with straightforward estates and family situations.
If you're unsure what type of will you need, a simple will is almost always a good starting point.
Testamentary Trust Will
A testamentary trust will creates a trust that takes effect upon your death. Rather than distributing assets outright to beneficiaries, the will directs that assets be held in trust and distributed according to specified terms — over time, at certain ages, or for certain purposes like education.
This is commonly used when:
- You have minor children and don't want them to receive large sums at age 18
- A beneficiary has special needs and receiving assets directly might affect their eligibility for government benefits
- You want to provide for a surviving spouse while ensuring remaining assets eventually pass to children from a prior relationship
Pour-Over Will
A pour-over will is used in conjunction with a living trust. Rather than specifying how each asset should be distributed, a pour-over will simply directs that any assets not already held in your trust at death should "pour over" into it. The trust document then controls distribution.
This ensures that any assets you forgot to transfer into the trust during your lifetime still end up managed according to your trust terms — though the pour-over process still goes through probate. See our comparison of trust vs. will for context on when this approach makes sense.
Holographic Will
A holographic will is handwritten and signed by the testator (the person making the will), but not witnessed. It's valid in roughly half of U.S. states — but it's also more vulnerable to legal challenges and more likely to be misinterpreted or ruled invalid.
If you're in a situation where you cannot access a formal will (for example, during a medical emergency), a holographic will is better than nothing. But it should not be a substitute for a properly witnessed will if you have the option.
Oral Will (Nuncupative Will)
A small number of states recognize oral wills made by a person who is facing imminent death. They're extremely limited in scope (usually only covering personal property), must be witnessed, and are generally only valid in very specific circumstances. They are rarely used and not a reliable estate planning tool.
Living Will: An Important Distinction
A "living will" is not a type of will that distributes assets — the name is misleading. A living will is actually an advance healthcare directive that documents your medical treatment preferences. It has nothing to do with property distribution and takes effect while you're alive but unable to communicate. Don't confuse the two.
Which Type Do You Need?
For most people, a simple will is the right starting point. If you have minor children, a complex estate, a blended family, or a beneficiary with special needs, a testamentary trust will or a pour-over will combined with a living trust may serve you better.
An estate attorney can help you determine the right combination for your circumstances. For more context on what goes into a will, see our guide on what to include in your will.