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Last week, we explored trusts in simple terms—today, let’s talk about another key estate planning tool: the will, or last will and testament.

At J. Davenport Legal, we helped thousands to understand these basics to protect their families.

If you’re wondering “What is a will?” or “Do I need a last will and testament?”, this easy guide breaks it down for you, especially as Labor Day on September 1st, 2025, prompts reflection on life’s priorities.

What Is a Will in Simple Terms?

A will is a legal document where you write down what happens to your money, home, and belongings after you pass away. It’s like leaving a clear note for your family so they know your wishes.

Only 32% of Americans have a will in 2025, leaving the rest at risk of courts deciding for them.

Common Question and Answer: “What is a will in simple terms?” – It’s your plan to say who gets your stuff when you’re gone, avoiding confusion.

What’s Inside a Will?

• Who Gets What: You name beneficiaries (e.g., kids, spouse) for your assets.
• Executor: Someone you trust to carry out your wishes.
• Guardians: If you have minor children, you pick who raises them.
• Final Wishes: Like funeral plans or charities to support.

Why a Will Matters to You

Without a will, your estate goes through probate—a court process that can take 9–18 months and cost 3–7% of your assets ($7,500–$17,500 on a $250K estate). A will helps:

• Save Money: Cuts probate fees and potential taxes.
• Avoid Fights: Clearly states who gets what, reducing family disputes.
• Plan for Kids: Names guardians if you have young ones.

Common Question and Answer: “Why do I need a will in 2025?” – It protects your family from court costs and ensures your wishes are followed.

How a Will Works

Here’s how it comes to life:

1. You Write It: List your assets and who gets them, signed with witnesses.
2. After You’re Gone: The executor files it with the court, and assets are distributed.
3. Keeps Going: It’s updated as your life changes (e.g., new kids, divorce).

It’s not perfect—probate is public, and it doesn’t handle incapacity (that’s where trusts or powers of attorney help). Still, it’s a solid start.

Common Question and Answer: “How does a will work in 2025?” – It guides your estate through court after death, with an executor managing it.

Busting a Common Myth

Some think a will is only for the old or rich.

Nope! A 2025 survey shows 68% of people under 35 now see its value, and middle-class families use it to save thousands.

Labor Day’s focus on family makes it a great time to start.

Make Labor Day Your Planning Day

With 32% regretting not having a will, don’t wait.

Common Question and Answer: “Is a will necessary for me in 2025?” – Yes, if you want to protect your loved ones.

Contact J. Davenport Legal for a free consultation to create your will this Labor Day or take our estate planning quiz to see where your current plan stacks up.

References

1. Caring.com 2025 Wills and Estate Planning Survey – Reports 32% with wills, 68% regret not planning.
2. AARP Estate Planning Guide – Notes 68% of under-35s planning, middle-class will benefits.
3. Investopedia Estate Planning Basics – Details on probate costs (3–7%) and will components.