Essential Will

Better Off's Essential Will is best for people looking to make life easier for the people they leave behind after their death. With it, you can ensure that childcare, financial decision making, and medical decision making are all covered in case of your medical incapacity or death. And you can decide who will distribute your assets and how those assets should be distributed.

Your document packet will include a will, financial power of attorney, childcare power of attorney (if applicable), healthcare directive, and detailed signing and filing instructions.

Wills and trusts are two different methods for distributing assets after you die.

A will goes into effect after you die, directing how your assets are distributed and naming guardians for your children. It requires going through probate court, which can be public and time-consuming.

A trust goes into effect immediately after creation, holds your assets during your lifetime, and distributes them after you die. It offers more privacy, avoids probate, and provides more flexible control over how and when your assets are distributed—saving your family time and money. Using a will without a trust is also effective, but requires going through probate court, which can be costly and time-consuming, and its proceeds are in the public record.

If you don't have a will, the court will decide who gets your assets, who cares for your children, and how your estate is managed. Without a will, your wishes do not have to be followed, and important decisions like choosing guardians for your children or dividing your assets could be made by the court instead of you. Having a will gives you control and helps ensure your loved ones are cared for in the way you want.

For a will to be legally valid, you must be of sound mind when creating it, and the document must be properly executed according to your state's laws. This typically means signing your will in the presence of two witnesses who aren't beneficiaries, and, in some states, having it notarized. Invalid execution is a common reason wills are contested, so following these requirements carefully is crucial.

Yes, most estates with a will go through probate. This is a court process where a judge validates your will and oversees how your assets get distributed. The court essentially checks that your will is legitimate and helps ensure your wishes are carried out.

During probate, the court will confirm the will is valid, appoint an executor, and help distribute your assets according to your instructions. While probate provides legal oversight, it can be time-consuming and expensive. If you want to avoid this process, our Comprehensive Plan with a trust offers a more direct way to transfer assets to your loved ones.

A will is beneficial if you have assets you want to distribute, minor children who will need a guardian, or specific wishes about your estate. Even if you’re young or don’t have significant wealth, a will ensures your assets go to the people you choose and prevents potential family conflicts. It’s especially important if you have dependents, own property, have children, or want to leave specific items to particular people. Without a will, state laws determine how your assets are distributed, which may not align with your personal wishes.

Yes, you can update your plan and automatically generate new documents whenever your life circumstances change. Common reasons for updates include marriage, divorce, having children, moving to a new state, or changes in your financial situation or wishes for asset distribution.

Visit our support page to find other frequently asked questions about Better Off. If you are still experiencing an issue, please reach out to support@getbetteroff.com for assistance.

Better Off also partners with licensed estate attorneys to provide additional attorney support. Attorney support can be purchased in addition to any Better Off Plan. Learn more about attorney support