Key Takeaways
- A last will and testament says who gets your property, who manages your estate and who raises your minor children after you die.
- A living will says what medical treatment you want, or don’t want, if you’re alive but can’t speak for yourself.
- They do completely different jobs, so most adults need both.
- A living will is usually paired with a health care power of attorney, which names a person to make medical decisions for you.
- A last will goes through probate; a living will is used by doctors and hospitals.
Two documents with confusingly similar names
The word “will” causes the confusion. A last will is about your property and your children. A living will is about your health care. One only matters after death; the other only matters while you’re alive. Having one doesn’t do anything the other does.
Side-by-side comparison
| Last will and testament | Living will | |
|---|---|---|
| What it covers | Property, executor, guardians for minor children | Medical treatment preferences |
| When it takes effect | After death | While alive, if you can’t communicate |
| Who uses it | Your executor and the probate court | Your doctors, hospital and health care agent |
| Typical decisions | Who inherits, who manages the estate, who raises your kids | Life support, tube feeding, resuscitation, comfort care |
| Goes through probate? | Yes, usually | No |
| Usual signing rules | Two witnesses in most states | Witnesses or a notary, depending on the state |
| Often paired with | Trust, beneficiary designations | Health care power of attorney, HIPAA release |
What a last will does
- Names who inherits your property
- Names an executor to settle your estate
- Nominates a guardian for minor children
- Can set up trusts for children or pets
See how to make a will and what happens if you die without a will.
What a living will does
- Records your wishes about life-sustaining treatment, such as ventilators and feeding tubes
- Covers situations like terminal illness or permanent unconsciousness
- Guides your family and doctors so they aren’t left guessing
See what is a living will, living will vs. advance directive and DNR vs. living will vs. POLST.
Why you need both
Without a last will, state law decides who inherits and a court picks a guardian for your children. Without a living will and health care power of attorney, your family may disagree about your care, or a court may have to appoint someone to decide. Together, they cover both halves of the question: what happens to you, and what happens to everything you leave behind.
Frequently asked questions
No. A last will handles your property and children after death. A living will states your medical wishes while you’re alive but unable to communicate.
Most adults do, because they cover completely different situations. Many people also add a health care power of attorney and a HIPAA release.
It’s not a good place for them. A will usually isn’t read until after death, long after medical decisions have been made. Use a living will instead.
No. A living will has no role after death. It’s used by doctors and your health care agent while you’re alive.
Your health care agent, named in a health care power of attorney. Without one, state law usually decides which family member can make decisions for you.
Keep reading
- Estate Planning Checklist: The Documents Everyone NeedsA plain-English estate planning checklist: the will, living will, powers of attorney and other documents everyone needs, plus what to organize and when to update.
- What Is a Living Will? How It Works and What to IncludeA living will records your wishes about life-sustaining treatment if you can't speak for yourself. Learn what it covers, when it applies and how it differs from a will.
- Living Will vs. Advance Directive: What’s the Difference?What is an advance directive? It's the umbrella term for your written health care instructions. Learn how living wills, health care proxies and advance directive forms fit together.
- Will vs. Trust: Which Do You Need?Compare a will and a revocable living trust on probate, privacy, cost and control. Learn when a will is enough and when a trust makes sense.
- What Happens If You Die Without a Will?If you die without a will, state intestacy law decides who inherits, who manages your estate and who raises your kids. Here's what typically happens.
- Funeral Planning Checklist: How to Plan AheadA step-by-step funeral planning checklist: burial or cremation, the service, costs, paperwork and how to make sure your family can find your wishes in time.
- How to Avoid Probate: 6 Common StrategiesProbate can be slow, public and costly. Learn six common ways to pass assets directly to your heirs, from beneficiary designations to a living trust.
- How to Choose an Executor for Your Will (and What They Do)Your executor carries out your will. Learn what an executor does, who makes a good choice, and the mistakes to avoid when naming one.
- Pet Trust: How to Provide for Your Pets After You’re GonePets can't inherit money, but a pet trust can fund their care. Learn how pet trusts work, how they compare with a will, and how to choose a caregiver.
- What Is a Living Trust? How It Works, Pros and ConsA living trust holds your assets during life and passes them to your heirs without probate. Learn how revocable living trusts work, what they cost, and who needs one.
- What Is Probate? How the Process Works, Step by StepProbate is the court process for settling an estate. Learn what happens in probate, how long it takes, what it costs, and which assets skip it entirely.
- How to Make a Will: Step-by-Step Guide and Legal RequirementsLearn how to make a valid will: what to include, who can witness it, whether it needs a notary, and the common mistakes that can make a will fail.
- Letter of Instruction: What to Include for Your FamilyA letter of instruction tells your family where everything is and what you want. Learn what to include, how it differs from a will, and where to keep it.
- Digital Estate Planning: What Happens to Your Online AccountsWhat happens to your email, photos, social media and online accounts when you die or become incapacitated? A practical guide to digital estate planning.
- DNR vs. Living Will vs. POLST: What’s the Difference?A living will is your own instructions; a DNR and a POLST are doctor's orders. Learn how each works, who signs it, and which ones emergency responders follow.
- How Much Does a Will Cost? Lawyer vs. Online vs. DIYA simple will can cost nothing or several thousand dollars depending on how you make it. Compare attorney, online and DIY costs, and what's included at each price.
- Do You Need a Lawyer to Make a Will?No state requires a lawyer to make a valid will, and many people can do it themselves. Here's when a DIY or online will works and when an attorney is worth it.
- Executor vs. Trustee: What’s the Difference?An executor settles your estate through probate under your will; a trustee manages assets held in a trust, sometimes for years. Compare their roles, powers and how to choose.
Don’t leave your family guessing
Put your health care wishes in writing with a living will, HIPAA release and medical authorization. The No Brainer Box adds a last will, a revocable trust and health care and financial powers of attorney.
- Answer a few simple questions online
- Download your completed, ready-to-sign forms
- Sign them and keep copies in your account
This guide is general educational information written by the No Brainer Forms Team. It is not legal advice, and No Brainer Forms is not a law firm. Laws and signing requirements vary by state; for advice about your situation, talk to a licensed attorney in your state.