A will lasts forever, unless the testator revokes it or other conditions are met. It becomes legally effective immediately upon proper execution. So, if you die the next day, your personal representative ensures that your wishes are carried out.
It is common for circumstances to change throughout your lifetime, and when they do, you can simply change the existing will without having to create a new one.
Do wills expire? A will's validity and timeline
No, a properly executed will does not expire. It remains legally valid indefinitely unless you revoke it, create a new will that supersedes it, or a court invalidates it.
If you want to revoke it entirely, you may do so by creating a new document or taking action that invalidates your previous one. You may choose to update your will due to changes in your life, such as marriage, divorce, death, birth, or the purchase or sale of property.
It's best practice to review your will every year to ensure it doesn’t become outdated. Consider this part of your asset management and estate planning. Your executor is charged with following your written wishes in your will as is. Updating your will after major life changes ensures that your wishes are honored and your property is distributed to your chosen family members.
In general, a will is valid if:
- The testator (whose will it is) is of sound mind when they signed
- The testator was not coerced into signing or signed under duress
- The testator and others involved followed your state's laws for signing the will
What are the factors that can invalidate or revoke a will?
While a will doesn’t expire, it can become invalid in a few situations. While some of these reasons vary depending on which state you live in, there are some that exist across state lines.
A will can become invalid if it isn’t legally executed.
Other reasons a will might be invalidated include if you:
- Revoke it or create a new one
- Don’t have witnesses sign your will
- Are coerced into signing it
Failure to meet state requirements
State statutes vary, but most require the testator to sign their will. If you haven't done so and you live in a state that requires it, your document is considered invalid.
It could also be invalidated if you didn't have the required witnesses sign it. In addition, some states require a notary. Make sure you follow your state's execution guidelines to ensure your will remains legally valid.
A common point of confusion is whether a will must be notarized to be valid. In most states, the answer is no—a will only needs to be signed by the testator and the required number of witnesses (typically two). However, notarization becomes important when creating what's called a self-proving affidavit, a separate document signed by the witnesses in front of a notary.
A self-proving affidavit can significantly streamline the probate process. Without one, your witnesses may need to appear in court or submit sworn statements confirming they watched you sign your will. With a self-proving affidavit, the court accepts the will as properly executed without requiring witness testimony. Some states, like Florida, have specific notarization requirements, so check your state's rules to ensure compliance.
When drafting your will, make sure it includes a provision for what to do if your spouse dies before you. Doing so ensures that your document is valid if your spouse or any other heir dies first.
Revoked by the testator
When your life circumstances change, make sure you update your estate planning documents accordingly.
As the testator, you always have the option to revoke a will you've created. Common methods include:
- Creating a new will. When you execute a new will with language stating that you revoke all previous wills, your earlier documents are automatically invalidated.
- Physical destruction. In some states, you can revoke a will by destroying it. Keep in mind, this leaves you without a will until you create a new one.
If you destroy your will without creating a new one, let someone know—otherwise, no one may be aware that you revoked it.
Fraud or influence
Another way a will can be invalidated is if someone attempted to commit fraud or coerce someone into signing a will.
When a person signs their will, they must be of sound mind and make the decisions independently. A will can be invalidated if evidence shows the testator was pressured by a caregiver, family member, or other party, or if they lacked the mental capacity to understand what they were signing.
Our step-by-step online tool helps you make key decisions with confidence, at your pace.
How long can a will be contested?
While a will doesn't expire, there are strict time limits for legally challenging one. The statute of limitations for contesting a will typically ranges from three to six months after probate begins, though this varies significantly by state. It's important to note that the clock usually starts when the probate court officially opens the estate, not when the testator dies.
Not everyone can contest a will. Generally, only individuals with legal standing can file a challenge. This includes:
- Heirs who would inherit under state intestacy laws if the will were invalid
- Beneficiaries named in a previous version of the will
- Creditors with claims against the estate
Common grounds for contesting a will include lack of testamentary capacity (the testator didn't understand what they were signing), undue influence from a third party, fraud, or improper execution that didn't meet state requirements. Successfully proving any of these can result in the court invalidating all or part of the will.
The limited timeframe for will contests is one reason prompt probate filing matters. If you're an executor, initiating probate quickly starts the contest period and provides greater certainty for beneficiaries. If you're considering challenging a will, consult with an attorney as soon as possible to ensure you don't miss your window.
What is the importance of regularly updating a will?
It's important to understand that this estate planning document, once correctly drafted and executed, lasts forever. If you need to change it, you can do that by visiting an experienced estate-planning attorney who can create a codicil to modify your existing document. You also always have the option of creating an entirely new one.
Review and update your will every year to avoid sticky situations and confusion for your heirs after your death. An invalid or outdated will can delay probate and the distribution of assets.
Common mistakes that compromise will effectiveness
One of the biggest mistakes people make with their wills is creating the document and then never looking at it again. A will drafted 20 years ago may leave assets to an ex-spouse, name a deceased executor, or fail to account for children born after it was signed. These oversights can lead to outcomes the testator never intended.
Other common mistakes that can undermine your will's effectiveness include:
- Improper execution. Failing to sign the will correctly or having unqualified witnesses can invalidate the entire document.
- Not coordinating beneficiary designations. Assets like retirement accounts and life insurance pass directly to named beneficiaries, regardless of what your will says—if these designations conflict with your will, your wishes may not be honored.
- Forgetting to fund the trust. If your will involves a trust but you never transfer assets into it, the trust serves no purpose.
- Storing the will where no one can find it. Even a perfectly executed will is useless if your executor doesn't know it exists or can't locate it.
Avoiding these pitfalls requires periodic review and communication with your executor and loved ones about your estate planning documents.
Changes in personal circumstances
Big life changes can also invalidate your will. If something in your life changes but doesn’t get updated in your will, your executor may not be able to fulfill your wishes.
Life changes that could impact your will include:
- Births
- Deaths
- Marriages
- Divorces
- Changes in legal guardian status
- Sale or purchase of property
- A large change in personal wealth or debt
In most states, if you get divorced, provisions for your ex-spouse are automatically revoked, even if you don’t update your will. However, if you're currently married, most states don't allow you to disinherit your spouse entirely. If that's your goal, consult a legal professional.
No matter which path you choose, make sure you keep in mind that your will lasts until you die, you take steps to revoke it, or a judge invalidates the documentation. That's why it's so important to make sure it is drafted and executed correctly from the start.
FAQs on how long a will is good for
How long is a will valid after death?
A will is valid until the probate process is complete, no matter how long it takes.
It is recommended that your estate executor begin the probate process soon after death because assets can lose value, and completing probate can be more difficult the longer you wait.
What are the time limits for filing a will with the probate court?
While a will itself doesn't expire, most states impose deadlines for filing it with the probate court after the testator's death. These timeframes typically range from 30 days to three months, though some states allow up to a year. For example, many states require anyone in possession of a will to file it within 30 days of learning of the death, even if probate isn't initiated immediately.
Missing these deadlines can have serious consequences. Depending on your state, you could face penalties, lose your right to serve as executor, or create complications in asset distribution. Courts may also question why the will wasn't filed promptly, potentially opening the door to challenges about the document's validity or authenticity.
Even if your state has a generous filing deadline, there are practical reasons to act quickly. The sooner probate begins, the sooner beneficiaries receive their inheritances and the estate can be properly settled. Delays can also cause assets to lose value or create disputes among heirs.
What to do when discovering a will after probate is completed?
Sometimes a will surfaces after an estate has already gone through probate—either under a different will or under intestacy laws (when no will exists). When this happens, the newly discovered will may reopen the probate proceedings, but the outcome depends on your state's laws and specific circumstances.
If the discovered will is dated more recently than the one used in probate, or if the estate was settled as though the person died without a will, interested parties can petition the court to admit the new will. Most states impose time limits on reopening probate, typically ranging from one to three years after the original proceedings closed.
Reopening probate when assets have already been distributed creates obvious complications. Beneficiaries who received inheritances under the original settlement may need to return assets, which can be difficult or impossible if those assets have been spent, sold, or transferred. Courts handle these situations on a case-by-case basis, and the process often requires legal assistance to navigate.
Does inheritance from a last will expire?
No, inheritance from a will does not expire. Distributions are made during probate, and if a named beneficiary cannot be located, state law determines who receives the assets.
Can a will be valid if it’s handwritten?
In some states, a handwritten or holographic will is considered valid. The requirements and legality of handwritten wills depend upon the state.
What happens to my will after I die?
After you die, your executor follows your wishes on how you want your property distributed, and the entire process is overseen by a judge in probate court. The will is used as the guiding document for your wishes. Once all of your assets have been distributed, your debts paid, and probate has been completed, your will is no longer needed.
Page Grossman, contributed to this article.
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