Types of Wills: Which One Is Right for You?
By Cold Peak Legal PLLC — Alaska and Arizona Estate Planning
When it comes to estate planning, most people know they need a will—but far fewer understand that there are different types of wills, each serving a unique purpose. Whether you have a modest estate or significant assets, choosing the right will is key to protecting your family and honoring your wishes.
At Cold Peak Legal PLLC, we help Alaskans craft personalized estate plans tailored to their goals. Below is an overview of the main types of wills and when each one might be appropriate.
What Is a Will?
A will is a legally binding document that outlines how your property should be distributed after your death. It may also name guardians for minor children, appoint a personal representative, and include instructions for your final arrangements. Without a valid will, Alaska’s intestacy laws will decide how your assets are divided.
1. Simple Will
A simple will is the most common and straightforward type. It’s ideal for individuals who:
Want to leave property directly to named beneficiaries
Need to appoint a guardian for minor children
Don’t have complex tax or trust planning needs
This is often the best starting point for basic estate planning.
2. Testamentary Trust Will
A testamentary trust is created within your will and becomes effective upon your death. This option is often used when:
Leaving assets to minor children
Providing for a beneficiary with special needs or limited financial responsibility
Controlling distributions over time
This type of will adds a layer of protection and management for your estate.
3. Pour-Over Will
If you have a revocable living trust, a pour-over will acts as a backup. It transfers any remaining assets not already in the trust into it upon your death. This ensures all property is governed by the terms of your trust and keeps your estate plan centralized.
4. Holographic Will
A holographic will is handwritten and signed by you. Alaska law does allow holographic wills, but they:
Are easier to challenge in probate
Often lack legal clarity or witness signatures
May lead to unintended results
It’s best to use a formal, attorney-drafted will to ensure legal compliance.
5. Nuncupative (Oral) Will
Oral wills are rarely valid and only recognized in extreme circumstances under Alaska law (such as imminent death). They should never be relied upon for estate planning.
6. Joint Will
A joint will is a single document executed by two individuals—often spouses. It typically:
Leaves everything to each other
Passes remaining assets to a third party after both die
However, joint wills can cause legal issues and limit the surviving spouse’s ability to make changes. Separate, coordinated wills are usually a better choice.
7. Living Will (Advance Directive)
A living will is not about property—it’s about healthcare. It outlines your wishes for medical treatment if you become incapacitated, including:
Life support decisions
End-of-life care preferences
Organ donation intentions
It’s often paired with a durable power of attorney for healthcare decisions.
Which Will Is Right for You?
Choosing the right will depends on:
The size and complexity of your estate
Whether you have minor children or dependents
Whether you have a trust-based estate plan
Your goals for managing and protecting assets
At Cold Peak Legal PLLC, we help Alaskans navigate these choices with clarity and confidence.
Need a Will? Work with an Alaska and Arizona Estate Planning Attorney.
Your will is the foundation of a solid estate plan. Whether you’re drafting your first will or updating an old one, our attorneys at Cold Peak Legal PLLC will help you make legally sound, thoughtful decisions for your future.
Contact us today to schedule a consultation and take control of your estate planning.