10 Types of Wills Explained (And When to Use Each One)

Only 1 in 4 Americans has a will. Another 43% say they plan to make one but haven’t gotten around to it. It’s easy to put off, but without a will, the state decides who inherits your assets. That often leads to outcomes you wouldn’t choose yourself.  To remedy this, start by understanding the different types of wills. 

Each type serves a different purpose, depending on your life, assets, and goals. Some wills are simple. Others give you more control or protection. This guide breaks down 10 common types of wills to help you find the one that fits best.

What Type of Will Do I Need?

Sometimes the hardest decision is knowing where to start. With so many types of wills, it’s easy to feel stuck. The flowchart quiz below helps by matching common life situations with different types of wills.

Finding the right one takes some thought, but with so many types of wills available, there’s likely one that fits your needs.

10 Different Types of Wills

A will speaks when you can no longer. But not all do it the same way. Depending on your goals and state laws, one might suit you better than another. Here’s a closer look at common types of wills and how they work.

1. Simple Will

A simple will works well for people with uncomplicated estates. It lets you name beneficiaries, an executor, and guardians for minor children. If you don’t need trusts or advanced tax planning, this type of will often does the job.

Simple wills are accepted in all 50 states. Some even allow small mistakes, as long as your intent is clear under the harmless error rule. You can also add a self-proving affidavit to confirm the will’s validity and avoid needing witness testimony during probate. Overall, it’s a straightforward option if you just need the basics covered.

2. Living Will

A living will lets you make healthcare decisions in advance in case you can’t speak for yourself. It applies when you’re unconscious or otherwise incapacitated. In those moments, doctors use your living will to guide your care. You can use it to accept or refuse treatments like life support, resuscitation, or feeding tubes.

It gives your loved ones and medical team clear direction. That way, they’re not left wondering what you would have wanted. Here’s what to keep in mind:

• Most states consider a living will legally valid under laws like the Uniform Health Care Decisions Act.
• Only Michigan (MI Comp L § 700.5501) and Massachusetts (MA Gen L ch 201D § 5) don’t formally recognize living wills by statute, but both allow similar documents like health care proxies or patient advocate designations.

3. Testamentary Trust Will

A testamentary trust will creates a trust through your will and only takes effect after you pass away. The terms are written directly into the will, including who will manage the trust and how the money should be used.

It’s a practical choice if you want to support someone over time rather than giving them a lump sum right away. Just keep in mind that the trust goes through probate before it becomes active. Since this setup is widely used for estate planning, testamentary trust wills are accepted in all 50 states.

4. Pour-Over Will

A pour-over will acts as a backup. It moves any assets you didn’t transfer into your trust during your lifetime into the trust after you die, so everything ends up in one place.

The will still goes through probate, but the process is usually faster if most assets are already in the trust. It works with both revocable and irrevocable trusts and helps keep your estate plan consistent.

All 50 states accept pour-over wills, as long as they follow local rules for wills and trusts. To stay valid, the trust must exist before, at the same time, or shortly after the will is signed. In California, for example, you have up to 60 days after the will is signed for the property to legally go into the trust (CA Probate Code §§ 6300–6303).

Couples often use pour-over wills with a joint trust, but the documents need to be carefully written to avoid delays.

5. Holographic Will

A holographic will is a handwritten document signed by the person making it. It doesn’t require witnesses, so it’s often used in emergencies. While adding a date isn’t required, it helps show when the will was made.

Out of all the types of wills, this one is the easiest to create, but also the easiest to get wrong. It can work for small personal items or as a backup to a formal will. Still, people often forget to name an executor or leave out key details.

Because of that, not all states accept holographic wills. Some only recognize them if they were created in a place where holographic wills are legally valid. That said, the following 29 states do allow holographic wills in some form:

*only accepts them for military members in active service or mariners at sea
** Since wills don’t need witnesses in PA, there’s no real difference between handwritten and typed wills.

6. Mirror Will

A mirror will is actually two separate wills with nearly identical terms. They’re popular among married couples but can also work for partners, siblings, or anyone with shared wishes. Each person usually leaves everything to the other. If both die simultaneously, their assets typically go to shared beneficiaries, like children.

But while they look similar, each will stands on its own. There are a couple of key things to understand:

• They can change their will at any time.
• They don’t have to tell the other person.

This setup offers flexibility, but it can also lead to surprises. One person could update their will later without telling the other, or the surviving party may revise their will after the other person’s death. That’s one main difference from a mutual will, where the surviving party cannot change their will after one person passes away. Even so, mirror wills are legally valid in all 50 states.

7. Mutual Will

A mutual will is used by two people, usually spouses, who create separate wills with the same terms. They agree to leave everything to each other first, then to shared beneficiaries.

• Some include a clause that blocks changes after one person dies.
• Without it, either person can still make changes if they inform the other.

Mutual wills help ensure both people’s wishes are followed. They’re allowed in many states, though the rules vary. Some, like Georgia and Florida, have clear laws. Others may enforce them only if there’s strong proof of an agreement. In Murphy v. Glenn, for example, a wife’s later estate plan was overturned because of a prior deal with her husband.

Joint wills, where both people sign one document, are less common. They’re not accepted everywhere and can complicate probate, so many couples choose mutual wills instead.

8. Nuncupative Will

A nuncupative will, often called a deathbed will, is spoken aloud when someone is seriously ill or in immediate danger. It’s meant for emergencies, rather than long-term estate planning. The will only holds up if the person dies from that illness or danger and usually requires at least the presence of two witnesses at the time it is made.

Because it’s spoken, not written, and the rules are strict, nuncupative wills are easy to challenge in court. That’s why only a few states still allow them, and even then, only in very limited situations:

• District of Columbia (DC Code § 18–107)
• Indiana (IN Code § 29-1-5-4)
• Missouri (MO Rev Stat § 474.340)
• New Hampshire (NH Rev Stat § 551:15)
• New York (NY Est Pow & Trusts L § 3-2.2)
• North Carolina (NC Gen Stat § 31-3.5)
• Ohio (OH Rev. Code § 2107.60)
• Tennessee (TN Code § 32-1-106)

You should treat a nuncupative will as a last resort. Only use it if there’s no way to make a written will.

9. E-Will

An e-will is a digital will that you sign and store online. It’s designed to offer the same legal protection as a paper will but in a more convenient format. You can create it from home, and you don’t need to worry about misplacing a physical copy.

That convenience comes with trade-offs. It’s harder to verify who signed the will and whether they meant it to be valid. Security is another concern. Digital files can be altered or lost if not stored correctly. Right now, only a small number of states recognize e-wills, including:

• Nevada (NV Rev Stat § 133.085)
• Indiana (IN Code § 29-1-21-16)
• Arizona (AZ Rev Stat § 14-2518)
• Florida (FL Stat § 732.522 )
• Illinois (755 ILCS 6/)
• Maryland (MD Estates and Trusts Code § 4-101)

These states have passed laws that support e-signatures, remote witnessing, and digital storage.

10. Statutory Will

A statutory will is a simple, fill-in-the-blank form created by state law. You can’t change the wording, just fill in the required details. This low-effort option works best for people with simple estates. But if your situation is more complex, it likely won’t meet all your needs. For example, it:

• Does not apply to jointly owned property, retirement accounts, or life insurance with named beneficiaries
• Is not built for tax planning or complex family arrangements

You can still cancel or replace it by making a new will. That said, only a few states currently offer statutory will forms:

• California (CA Prob Code § 6240)
• Michigan (MI Comp L § 700.2519)
• Maine (18-C ME Rev Stat § 2-517)
• New Mexico (NM Stat § 45-2A-17)
• Wisconsin (WI Stat § 853.55)

Find the Will That Fits Your Life

No matter your situation, you can find a will that works for you. You might have kids to protect, a trust in place, or just a few belongings to pass on. Either way, you have many different types of wills to choose from.

The key is to pick the type that works for your situation and follows your state’s rules. Legal Templates helps you take the first step toward a will that’s both simple and legally secure.