Estate Planning FAQ
Answers about Wills, Trusts, and Estate Planning
Everything you need to know about creating a Will or Trust with FastWill — from how the process works to how your documents stay legally valid.
Common Questions About Wills and Trusts
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General
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A Will is a legal document that outlines how your assets should be distributed after your death and goes through probate court. A Trust is a legal arrangement that allows you to manage and distribute assets privately, avoiding probate and providing more control over your estate.
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With FastWill, you can complete your Will in about 15-30 minutes. A Trust typically takes 30-45 minutes. The process is simple, guided, and you can save your progress and return anytime.
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Yes, both Wills and Trusts need to be notarized to be legally valid. FastWill offers remote notarization services, so you can complete everything from home without visiting a notary office.
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You should treat your Will or Trust like a living document that grows with you. Update it after major life events like marriage, divorce, having children, buying property, or after significant changes in your financial situation. FastWill provides 30 days of free updates, and you can purchase Unlimited Editability for ongoing flexibility.
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Yes. FastWill documents are built using attorney-reviewed templates that comply with state-specific requirements across all 50 states. Once properly signed, witnessed, and notarized where required, your documents are fully legally valid.
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Your data is protected with bank-level encryption, secure servers, and strict access controls. We never sell your information, and your estate planning documents remain private to you.
Wills
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No, you don't need an attorney to update your Will with FastWill. FastWill offers unlimited edits to your plan, so you can easily make updates as your life changes. Just be sure to have your documents notarized whenever you make changes to keep them legally valid. While it's not required, some people choose to consult an attorney to review their plan and ensure everything is set up properly.
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No, you can't write a Will for someone else, but you can help them! A Will must be created by the person it applies to, since it reflects their own wishes. If you get stuck or have questions, FastWill's live support team is always here to help.
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If you die without a Will, your state's intestacy laws determine how your assets are distributed. This may not align with your wishes, and the process can be lengthy and costly for your loved ones.
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No, a Will does not avoid probate. It goes through the probate court process, which can be public and time-consuming. A Trust, on the other hand, can help you avoid probate and keep your estate matters private.
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Yes, online Wills created through FastWill are legally valid when properly executed and notarized. Our documents comply with state-specific requirements and are created using attorney-reviewed templates.
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Your executor should be someone you trust to carry out your wishes responsibly. Many people choose a spouse, adult child, close friend, or professional. It should be someone organized, financially responsible, and willing to take on the role.
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Yes. Naming a guardian in your Will is one of the most important reasons parents create one. FastWill walks you through selecting a primary and backup guardian for your minor children.
Trusts
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To fund your Trust, you transfer ownership of your assets into the Trust's name. This includes real estate (through a deed transfer), bank accounts, investments, and personal property. FastWill offers deed transfer services to help you properly fund your Trust.
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A Revocable Trust can be modified or revoked at any time during your lifetime, giving you flexibility and control. An Irrevocable Trust cannot be easily changed once created and is typically used for tax planning or asset protection purposes.
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It depends on your situation. Many couples create a joint Trust that holds assets for both spouses. However, separate Trusts may be beneficial if you have different beneficiaries, want individual control, or have complex estate planning needs. FastWill can help you determine the best approach for your situation.
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Yes. Assets properly titled in the name of a Revocable Living Trust bypass the probate process entirely, keeping your estate private and allowing faster distribution to your beneficiaries.
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Yes. Even with a Trust, you should have a "pour-over" Will that directs any assets not already in your Trust to be transferred into it at the time of your passing. FastWill includes this automatically with every Trust plan.
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Absolutely. With a Revocable Living Trust, you can act as your own trustee during your lifetime, maintaining full control over the assets. You'll also name a successor trustee to take over if you become incapacitated or pass away.
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