5 Things to Know Before Writing Your Will

Some of the most useful estate planning tips have less to do with filling out a form and more to do with understanding what happens after a death. Before you sit down to write your will, it helps to know where the law steps in, who gets to make decisions, and what your family can do if things go wrong. The five guides below from Wills & Probate Guide cover questions families often face only after it is too late to plan. Read them now, and these estate planning tips can shape a will that actually works the way you intend.

Each guide compares two legal options side by side, so you can see the tradeoffs clearly. Think of this roundup as a short reading list of estate planning tips worth bookmarking before you meet with an attorney or start drafting on your own.

1. Burial vs Cremation Authority: Who Can Sign for Each

Most people think of a will as a document about money and property. But one of the first legal questions a family runs into after a death has nothing to do with the estate. It is about the body, and it often comes up within hours. Someone has to sign a form, and not just anyone is allowed to sign it.

This guide explains why burial and cremation do not carry the same weight when it comes to who has authority to sign. That difference matters, because a grieving family can end up in conflict at the worst possible moment. Among practical estate planning tips, this is one that people rarely hear until they need it.

If you have strong wishes about burial or cremation, reading this guide first will help you understand why you should make those wishes clear in writing. It is a good reminder that estate planning tips are not only about who inherits, but also about sparing your loved ones from hard decisions they are not sure they can make.

2. Elective Share vs Intestate Share: What a Spouse Gets With and Without a Will

If you are married, this guide is close to required reading. Elective share vs intestate share is the question that decides what a surviving spouse actually receives after a death. Both are legal minimums built to protect a husband or wife, but they apply in opposite situations.

One applies when there is a will, and the other applies when there is not. That is exactly why it belongs on any list of estate planning tips for someone about to write a will. Your choices in the document can change which set of rules your spouse ends up relying on.

The guide walks through both paths in plain language. If you want background on the general concept, the Wikipedia overview of the elective share is a helpful starting point, but the guide connects the idea directly to the decisions you make when drafting.

3. Probate-Only vs Expanded Estate Recovery: Which States Can Reach a Trust

Many people set up a trust believing it keeps assets safe from every claim. This guide explains why that belief can be risky. Every state must try to recover long-term care costs after a person dies, and whether your state follows a probate-only or expanded approach decides whether Medicaid can reach money you left in a trust.

That single fact can change how you structure your entire plan. If you or a parent may need long-term care someday, this is one of the estate planning tips that deserves real attention before anything is signed.

The guide is organized around the difference between states, so you can figure out which rule applies where you live. It is a smart read for anyone who assumed a trust was the end of the conversation.

4. Will Contest vs Elective Share: Which Tool Gets a Spouse More

Picture a surviving spouse reading the will in the first weeks after a funeral and discovering they were left out, or left very little. At that point, two different legal doors are open. This guide explains what each door is and how they differ.

A will contest and an elective share claim are very different tools, and choosing the wrong one can cost time and money. For people writing a will, the takeaway is just as valuable. Knowing how a spouse might respond to your plan is one of those estate planning tips that helps you avoid leaving behind a fight.

If your plan treats a spouse differently than they might expect, this guide shows why clear communication and careful drafting matter so much. It pairs naturally with the elective share guide above.

5. Executor Removal vs Surcharge: Replacing the Executor or Making Them Pay

Choosing an executor is one of the biggest decisions in any will. This guide looks at what happens when that choice goes badly. Maybe the executor stopped answering calls. Maybe money is missing. Maybe the house sold for far less than it should have.

Families in that spot usually face a choice between removing the executor and seeking a surcharge, which means making the executor pay for the harm. The guide explains how those two options compare and when each one makes sense.

Reading it before you write your will makes you think harder about who you name. That might be the most underrated of all estate planning tips: the right executor can save your family from the exact problems this guide describes.

Estate Planning Tips: What to Know Before You Start Drafting

Looking across all five guides, a few patterns stand out. First, the law fills in gaps you leave behind, and its defaults may not match your wishes. Second, many disputes start because family members did not know what the deceased wanted. Good estate planning tips almost always come back to being clear and specific.

Here are a few practical steps to take before drafting:

• Write down your wishes about burial or cremation and share them with the people who will be in charge.
• If you are married, learn how your spouse’s legal protections work in your state.
• Do not assume a trust protects everything. Check how estate recovery works where you live.
• Choose an executor you trust to stay organized, responsive, and honest.
• Talk openly with family members so your plan does not come as a surprise.

None of these estate planning tips replace advice from a qualified attorney, but they will help you ask better questions and make more confident decisions.

Final Thoughts

Writing a will is easier when you understand what happens after it is read. These five guides cover burial authority, spousal rights, estate recovery, will disputes, and executor problems, which are all issues that catch families off guard. Use these estate planning tips as a starting point for a plan that protects the people you care about. For more plain-language guides on wills, probate, and estate planning, browse the full library at Wills & Probate Guide.