Wills and Will Substitutes
What a will can and cannot control, how probate transfer differs from nonprobate transfer, and the will-substitute landscape.
What this guide covers
- A will controls only the probate estate; will substitutes usually control the majority of wealth.
- Beneficiary designations and survivorship titling trump the will — coordinate them deliberately.
- Prefer a full restatement to a codicil, and use a self-proving affidavit as a matter of course.
- Always include a residuary clause with an ultimate taker and an explicit tax apportionment clause.
The full guide includes the detailed analysis, worked examples, statutory citations, and related resources below.
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Educational reference, not legal advice. Prepared for licensed professionals as general reference; not legal advice and no attorney-client relationship is created. Law varies by state and changes over time — verify transfer-tax figures and statutory citations against current primary authority. This resource was last updated 2026-07-31. Estateur is not a law firm.