Nobody likes thinking about what happens after they’re gone. But if you own land or property, having a will isn’t just smart planning. It’s one of the kindest things you can do for your family.
A will gives you control over who gets your property instead of letting the state decide. It reduces confusion, prevents family disputes, and makes a difficult time just a little bit easier for the people you love.
Let’s talk about what a will actually is and why it matters, especially if you own land.
What is a Will?
A will is a legal document that explains who should receive your property and belongings after you pass away. It names specific people (called beneficiaries) to inherit your assets, and it can also designate someone (called an executor) to carry out your wishes and handle your estate.
Why Every Landowner Needs a Will
If you own vacant land, a home, or any real estate, a will becomes even more important.
Without one, your property goes through a process called intestate succession. That’s a fancy term that means the state decides who gets your land based on a standard formula.
Sometimes that works out fine. Other times, it causes problems you never would have wanted.
What Happens Without a Will?
When someone dies without a will, state law determines who inherits their property. Each state has its own rules, but they generally follow a similar pattern.
Spouses and children usually inherit first. If there’s no spouse or children, the property might go to parents, siblings, nieces, nephews, or more distant relatives.
Here’s where it gets complicated.
Your land might go to someone you didn’t intend. Maybe you wanted your daughter to have the property, but without a will, it gets split between all your children, including the one who lives across the country and has no interest in land.
Family disputes can erupt. When the law decides instead of you, disagreements happen. One child wants to sell, another wants to keep it, and suddenly your family is fighting over property instead of remembering you.
The process takes longer and costs more. Dying without a will often means extra court time, legal fees, and headaches for your family during an already difficult period.
Distant relatives might inherit instead of close friends. The law prioritizes blood relatives. If you wanted to leave land to a longtime friend or neighbor who helped you for years, that won’t happen without a will.
A will prevents all of this. It’s your voice after you’re gone, making sure your wishes are honored.
What Can You Do With a Will?
A will gives you control over several important decisions:
- Name who gets your property. You decide exactly who inherits your land, home, savings, or personal belongings. You can split things evenly or divide them differently based on each person’s needs and circumstances.
- Choose an executor you trust. This is the person who will handle your estate. They pay final bills, file paperwork, and distribute your property. Pick someone organized, trustworthy, and willing to take on the responsibility.
- Protect minor children. If you have young children or grandchildren in your care, a will lets you name a guardian to raise them if something happens to you.
- Reduce family conflict. When your wishes are written clearly, there’s less room for arguments. Everyone knows what you wanted, and that knowledge brings peace.
- Make things easier on your family. A clear will means less time in court, lower legal costs, and faster distribution of your property. Your family can focus on healing instead of paperwork.
What Goes Into a Will?
Most wills include several standard sections.
Your identifying information comes first. This includes your full legal name, address, and a statement that you’re of sound mind and creating this will voluntarily.
Next is a revocation of prior wills. This makes clear that any previous wills are no longer valid. Your most recent will is the one that counts.
Then you name your executor. This is the person who will manage your estate and carry out the instructions in your will.
The heart of the will is your beneficiary designations. This is where you list who gets what. You can be as specific or as general as you want.
If you have minor children, you’ll include guardian nominations. This names who should care for them if something happens to you.
Finally, you’ll add your signature and witnesses. Most states require your signature and two witnesses to make the will legally valid. Some states also allow notarization.
The language doesn’t need to be fancy or full of legal jargon. It just needs to be clear about your intentions.
Different Types of Wills
There are several different types of wills, each with its own purpose and requirements.
A simple will is the most common type. It covers basic situations: naming beneficiaries, choosing an executor, and distributing property. Most landowners with straightforward estates use a simple will.
A testamentary trust will creates a trust after you die. It’s useful if you want to control how and when beneficiaries receive their inheritance. For example, you might want your grandchildren to inherit land when they turn 25 instead of inheriting it immediately.
A joint will is created by a married couple together. When one spouse dies, the will takes effect but usually can’t be changed by the surviving spouse. These are less common now because they’re inflexible.
A living will, despite the name, isn’t about property at all. A living will explains your medical wishes if you become unable to make healthcare decisions. It’s different from a regular will but equally important.
A holographic will is handwritten, usually created without witnesses. Some states accept them, others don’t. They often cause problems and disputes, so they’re not recommended if you can avoid them.
For most landowners, a simple will does everything you need.
What Mistakes Do People Make With Wills?
Even when people create wills, they sometimes make errors that cause problems later.
Not updating after major life changes is a big one. Your will should reflect your current situation. If you get married, divorced, have children, or buy property, update your will to match.
Forgetting about property titles and deeds causes confusion. If your deed names someone as a joint owner with rights of survivorship, that overrides your will. Make sure your property documents and your will work together.
Choosing the wrong executor is another common mistake. Pick someone who is organized, trustworthy, and willing to do the work. Just because someone is family doesn’t mean they’re the right choice.
Being too vague about who gets what creates disputes. If you say “divide my property equally,” but your children disagree about what that means, you’ve created a problem instead of solving one.
Not telling anyone where the will is causes panic. Your executor needs to know where to find your will. Keep it safe, but make sure the right people know its location.
Using outdated forms or DIY templates incorrectly can invalidate your will. If your will doesn’t meet your state’s legal requirements, it might not be valid. This is especially important for landowners with valuable property.
Signing without proper witnesses is a critical error. Most states require two witnesses who aren’t beneficiaries. Skip this step, and your will might be thrown out.
These mistakes are easy to avoid if you take your time and do things right.
Common Questions About Wills and Property
People ask us these questions all the time when they’re thinking about inherited land or estate planning.
Do I need a lawyer to make a will?
Not always, but it’s often worth it. Simple wills can be created using online tools or DIY legal forms. But if you own land, have a blended family, or have any complications, a lawyer helps make sure everything is done correctly. Mistakes in a will can cause exactly the problems you’re trying to avoid.
Can I change my will after I create it?
Yes. You can update your will anytime by creating a new one or adding a codicil (a formal amendment). People often update their wills after major life events like marriage, divorce, birth of children, or buying property.
Does a will avoid probate?
No. A will still goes through probate, which is the court process that validates the will and distributes your property. However, a will makes probate simpler and faster than dying without one. If you want to avoid probate entirely, you’d need different tools like a living trust or transfer-on-death deeds.
What if my will and my deed don’t match?
Property ownership documents (like deeds) usually override what’s in a will. If your deed says your land goes to your daughter, but your will says it goes to your son, the deed wins. This is why it’s important to make sure your property documents and your will work together.
Can someone challenge my will?
Yes, but it’s not easy. Someone would need to prove the will is invalid. Maybe because you weren’t mentally competent when you signed it, or because someone pressured you, or because the will wasn’t signed properly. A properly created and witnessed will is hard to challenge successfully.
When Should You Create or Update Your Will?
You should consider creating a will or updating your existing one if any of these apply:
- You own real estate. Land, homes, rental properties. Any real estate makes a will important.
- You’ve never created a will. If you own anything of value and don’t have a will, now is the time to create one.
- Your life circumstances have changed. Marriage, divorce, new children or grandchildren, or the death of a beneficiary all require updates.
- You’ve moved to a different state. State laws vary, and your old will might not work the same way in your new location.
- Your property values have increased significantly. As your estate grows, the stakes get higher and planning becomes more important.
- Family relationships have shifted. If you want to change who inherits your property based on current relationships, update your will.
- Your named executor is no longer the right choice. People move away, relationships change, or someone might not be capable of handling the job anymore.
Don’t wait until it feels urgent. The best time to create or update your will is when you’re healthy and clearheaded.
Understanding Inherited Land and Wills
If you’ve inherited land from someone who had a will, the process is usually more straightforward than if they died without one.
The will names you as the beneficiary. The document clearly states that you should receive the property.
The executor handles probate. This person files the will with the court and manages the legal process of transferring the property to you.
You wait for probate to complete. This usually takes a few months, depending on the complexity of the estate and your state’s requirements.
The property transfers to your name. Once probate is finished, the land legally becomes yours.
You decide what to do with it. Keep it, sell it, or make whatever decision works best for your situation.
Many people who inherit land discover they don’t want it. Maybe it’s in another state. Maybe it’s vacant land that just costs money in taxes every year. Maybe keeping it just doesn’t fit their life.
That’s completely understandable, and it’s exactly why we’re here.
What Should You Do if You Don’t Have a Will Yet?
If you own land and you don’t have a will, now is the time to create one.
You don’t need to do it all in one day. Start by thinking about who you want to inherit your property. Consider who you’d trust as your executor.
Then talk to a lawyer or use a reputable online service to create your will. Make sure it meets your state’s requirements for signatures and witnesses.
Sign it with the required witnesses present. Most states need two witnesses who aren’t named in the will.
Store the original in a safe place. Use a fireproof safe, a safe deposit box, or your attorney’s office.
Tell your executor where to find it. The best will in the world doesn’t help if no one can locate it when the time comes.
Most importantly, don’t put it off. None of us know what tomorrow brings, and having a will in place gives you and your family peace of mind.
The Peace of Mind a Will Provides
There’s real comfort in knowing your affairs are in order.
Your property will go to the people you choose. Your family won’t fight over your land. The person you trust will handle things after you’re gone.
A will isn’t about being morbid or pessimistic. It’s about being responsible and caring for the people you’ll leave behind.
If you own land, you’ve already built something of value. A will makes sure that value goes exactly where you want it to go.
Already Inherited Land and Not Sure What to Do With It?
If you’ve inherited property through a will and you’re trying to decide what to do next, we understand that position.
Maybe it’s land you’ll never use. Maybe it’s property in a state where you don’t live. Maybe you’d just rather have the cash and move on.
We work with families in this situation every day. We understand the probate process, we know how to handle title issues, and we make selling straightforward.
Let’s talk. No pressure, just honest conversation about your inherited property and what makes sense for you.