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.

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Understanding the Different Types of Trusts: A Guide for Estate Planning