How to Read and Understand a Will: A Plain-English Guide

Why Wills Are Written in Legalese (and How to Decode Them)

A valid will needs 3 things in almost every state: a testator aged 18+ of sound mind, a signature, and 2 disinterested witnesses (a few states want 3). Miss any one and the whole document fails.

That's why terms like "per stirpes" — Latin for "by the roots" — persist: they pack a specific distribution rule into two words with 200+ years of case law behind them. Trying to rewrite it in plain English opens up ambiguity that lawyers can litigate over for years.

That said, you should not need a law degree to understand what a loved one’s will says. This guide translates the most common will terminology into plain English, walks you through the standard sections of a will, and explains what to look for when reading one. If you are a beneficiary, an executor, or simply someone who found a loved one’s will and wants to understand what it says, this guide is for you.

One important caveat: this guide provides general information about how wills work. The specific legal requirements for wills vary by state, and the interpretation of a particular will may depend on state law, the context in which it was written, and prior court decisions in your jurisdiction.

If you have questions about a specific will, consult a probate attorney. The Cornell Legal Information Institute provides a good academic overview of will law.

Common Will Terminology Decoded

The testator is the person who made the will. The executor (or personal representative) is the person the testator chose to manage the estate after their death.

A beneficiary (or devisee) is anyone who receives something under the will. A devise is a gift of real property (land or buildings), while a bequest (or legacy) is a gift of personal property (money, jewelry, investments). In modern practice, these terms are often used interchangeably, but the technical distinction can matter in some states.

The residuary estate (or residue) is everything that is left after all specific gifts, debts, taxes, and administrative expenses have been paid. The residuary clause is the provision that says who gets the residue—it is often the most important clause in the will because specific gifts may cover only a small fraction of the total estate.

Per stirpes (Latin for “by the roots”) is a distribution method meaning “down the family line”: if a beneficiary dies before the testator, that beneficiary’s share passes to their children. Per capita means each person receives an equal share, regardless of generation.

A codicil is a formal amendment to a will. Rather than rewriting the entire will to make a change, the testator can execute a codicil that modifies specific provisions while leaving the rest of the will intact.

A self-proving affidavit is a notarized statement attached to the will in which the witnesses swear that they watched the testator sign the will and that the testator appeared competent and was not under duress. The self-proving affidavit eliminates the need to locate the witnesses and have them testify in court during probate—a significant time saver.

The Standard Sections of a Will

Most wills follow a standard structure. The preamble identifies the testator by name and declares that this document is their last will and testament.

It typically includes a statement that the testator is of sound mind and acting voluntarily—boilerplate language, but it establishes the foundation for the will’s validity. The revocation clause states that all prior wills and codicils are revoked, ensuring that only the most recent will controls. This is one of the most important sentences in any will: without it, prior wills could create conflicting instructions.

The body of the will contains the substantive provisions. Specific bequests come first: “I leave my grandmother’s engagement ring to my daughter Sarah,” “I leave $10,000 to the Red Cross,” “I leave my house at 123 Main Street to my son Michael.” After the specific bequests, the residuary clause distributes everything else: “I leave the rest, residue, and remainder of my estate to my children in equal shares, per stirpes.” The will then names the executor and typically grants them specific powers (to sell property, to invest funds, to hire professionals).

If the testator has minor children, the will includes a guardian appointment—naming the person who will raise the children if both parents die. This is one of the most emotionally significant provisions in any will, and it can only be done through a will.

The will concludes with the attestation: the testator’s signature, the date, and the signatures of the witnesses. Most states require two witnesses; a few require three. Some states allow “holographic” (handwritten) wills without witnesses, but these are more vulnerable to challenges.

What Makes a Will Valid

The requirements for a valid will are straightforward but strict, and failure to comply with any of them can invalidate the entire document. In most states, the testator must be at least 18 years old and of “sound mind” (testamentary capacity)—meaning they understand the nature and extent of their property, know who their natural beneficiaries are (spouse, children, etc.), understand that they are making a will, and can make rational decisions about how to distribute their property. The bar for testamentary capacity is relatively low: a person can have diminished mental abilities and still be competent to make a will.

The will must be in writing (oral wills are recognized in only a few states, and only under extreme circumstances like an imminent threat of death) and signed by the testator. Most states require two disinterested witnesses who watched the testator sign or heard the testator acknowledge their signature. “Disinterested” means the witnesses are not beneficiaries under the will—if a witness is also a beneficiary, their gift may be voided in some states. Notarization is not required for the will itself but is typically required for the self-proving affidavit.

The Uniform Probate Code has been adopted in various forms by about 18 states and provides standardized rules for will execution. Even in states that have not adopted the UPC, the requirements are broadly similar.

The most common reason wills are invalidated is improper execution—typically, missing or insufficient witnesses. If you are creating a will, have it signed in the presence of two witnesses who are not beneficiaries, and attach a self-proving affidavit. It costs nothing extra and can save your family significant time and expense in probate.

Common Problems with Wills

Ambiguous language is the most frequent source of disputes. A provision like “I leave my jewelry to my daughters” seems clear—until the daughters disagree about whether a specific piece counts as “jewelry” or whether “daughters” includes stepdaughters.

Similarly, “I leave my house to my children equally” raises questions about whether the house must be sold and proceeds split, or whether one child can buy out the others. Clear, specific language prevents these disputes.

Outdated wills are another common problem. A will written 20 years ago may name an executor who is now deceased, leave property to an ex-spouse, or omit children born after the will was signed. Most states have “pretermitted heir” statutes that protect children born or adopted after the will was executed—these children receive a share of the estate as if the testator had died without a will—but the exact protection varies by state. If you find a will that appears outdated, look for codicils or more recent wills that may have updated it.

Wills that were created using online templates sometimes fail to comply with state-specific requirements. Some states have unique rules about witness qualifications, attestation language, or permitted dispositions that a generic template may not address.

A will that is valid in California may not be valid in Florida or New York. If you are concerned about a will’s validity, consult a probate attorney in the state where the deceased was domiciled. For more on what can go wrong with wills, see our guides on contested wills and litigation and dying without a will.

What to Do When You Find a Will

If you find a loved one’s will after their death, your first obligation is to file it with the probate court. In most states, you are legally required to file the original will with the court within a specified period after the testator’s death—typically 10 to 30 days.

Failure to file a will is a legal offense in many jurisdictions and can result in personal liability if beneficiaries are harmed by the delay. You do not need to open a probate case to file the will; simply deliver it to the court clerk.

Do not write on the will, attach anything to it, or remove any attachments (such as stapled pages or a self-proving affidavit). Do not remove staples—probate courts may infer that pages were removed if staples have been disturbed. Handle the document carefully and store it in a secure location until you can deliver it to the court. If you find multiple wills, file all of them—the court will determine which one is valid.

If you are not the executor named in the will, contact that person and let them know the will has been found. If the named executor is deceased, unwilling, or unable to serve, the court will appoint an alternative.

If you believe you should serve as executor but are not named in the will, you can petition the court for appointment as administrator, though the named executor and other interested parties will have priority. For information on what happens next, see our guides on beneficiary rights in probate and what to do when someone dies.

No-Contest Clauses and Other Traps for the Unwary

Some wills include a no-contest clause (also called an in terrorem clause), which states that any beneficiary who challenges the will forfeits their inheritance. The enforceability of these clauses varies widely by state.

In California and most other states, a no-contest clause is enforceable only if the challenge was brought without “probable cause”—meaning the beneficiary had no reasonable basis for the challenge. In Florida, no-contest clauses are unenforceable as a matter of public policy. In Indiana, they are strictly enforced.

Another common provision is the “simultaneous death” or “survivorship” clause, which requires a beneficiary to survive the testator by a specified period (typically 30 to 120 days) to inherit. This prevents the estate from passing to a beneficiary who dies shortly after the testator—which would result in the assets going through two probate proceedings in rapid succession. If you are reading a will and see a survivorship clause, check whether the beneficiaries meet the survival requirement.

Powers of appointment, trust provisions embedded in wills (testamentary trusts), and tax-related provisions (marital deduction trusts, charitable remainder trusts) add layers of complexity that may not be apparent on a first reading. If the will contains provisions you do not understand, consult a probate attorney.

The cost of a one-hour consultation ($200 to $400) is a small price for understanding a document that controls who inherits potentially hundreds of thousands of dollars. Use our Do I Need Probate Quiz to determine whether the estate needs probate at all.