# MyLastWill.org: full text of guides MyLastWill.org is a free, private will and legacy planner. Write your will, choose the causes you care about with simple sliders, and direct your gift to where it does the most good per dollar. --- # What Happens to Your Money If You Die Without a Will? URL: https://mylastwill.org/blog/what-happens-if-you-die-without-a-will/ Updated: 2026-10-24 **Short answer:** Your state's intestacy law decides who inherits, starting with your spouse and children, then parents, siblings and more distant relatives. The state itself takes an estate, which is called escheat, only when no qualifying relative can be found, and that is rare. The real costs of not planning are losing control over who inherits, who is in charge and who raises your children. ## Key takeaways - Without a will, state intestacy law decides who inherits, in a fixed order of relatives. - The state takes property (escheat) only if no qualifying relative exists. California and Texas set no limit on how distant that relative can be. - Accounts with a named beneficiary, and property owned jointly, pass outside a will either way. - A backstop bequest lets you choose a cause, rather than relatives you didn't name or the state, as the last beneficiary in line. ## Who inherits if you die without a will? Each state has an intestacy law that sets the order. Many follow the Uniform Probate Code, which works roughly like this: 1. **Your spouse**, who may inherit everything or share with your children, depending on the state and whose children they are. 2. **Your descendants**: children, with grandchildren taking the place of a child who has died. 3. **Your parents.** 4. **Your parents' descendants**: brothers, sisters, nieces and nephews. 5. **Your grandparents and their descendants**: aunts, uncles and cousins. 6. **Descendants of a spouse who died before you.** Only if no one in these groups survives does the estate pass to the state, as in Hawaii's version of the code ([Haw. Rev. Stat. §560:2-103](https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0002-0103.htm) and [§560:2-105](https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0002-0105.htm)). Intestacy is common among estates that go through probate. In one study of every probate estate in Alameda County, California, for deaths in 2007, 43% had no will (David Horton, *UCLA Law Review*, 2015, reviewed by [Jotwell](https://trustest.jotwell.com/?p=943)). ## Does the state take your money if you don't have a will? Almost never. When the state takes property because there are no heirs, it's called escheat, and it requires that no qualifying relative can be found at all. Some states search very far for relatives. California passes an estate to "the next of kin in equal degree," with no cutoff, and then to the family of a spouse who died earlier ([Cal. Prob. Code §6402](https://codes.findlaw.com/ca/probate-code/prob-sect-6402/)). Texas law continues up the family tree "and so on without end" ([Tex. Estates Code §201.001](https://texas.public.law/statutes/tex._est._code_section_201.001)). No one tracks escheat nationally. Oregon is one state that has published figures: in fiscal 2014 its estates program handled 284 estates without heirs, with $6.7 million pending permanent escheat to the state's school fund ([Oregon Department of State Lands](https://olis.oregonlegislature.gov/liz/2015R1/Downloads/CommitteeMeetingDocument/51628)). Heirs who turn up later can still recover assets in Oregon for up to 10 years. ## Is unclaimed property the same thing? No. Unclaimed property is money that sits untouched, such as dormant bank accounts, uncashed checks and forgotten life insurance. Holders turn it over to the state, which keeps it in custody until the owner or heirs claim it. States held about $70 billion of it as of a 2023 estimate, and returned $4.25 billion to owners in fiscal 2025 ([NAUPA](https://unclaimed.org/wp-content/uploads/NAUPA-FY-25-Report.pdf)). Since 2016, a national life insurance search tool has matched about $17 billion in lost policy and annuity benefits to the families who were owed them ([NAIC](https://content.naic.org/article/naic-life-insurance-policy-locator-tool-helps-match-consumers-more-16-billion-lost-and-unclaimed)). A simple list of your accounts, kept with your will, helps your executor find everything. ## What are the real costs of dying without a will? - **You don't choose who inherits.** Intestacy laws generally don't include unmarried partners, stepchildren you haven't adopted, friends or charities. - **A court chooses who is in charge.** Without an executor named in a will, the court appoints an administrator. - **A court chooses who raises your children.** A will is where you name a guardian for minor children. - **Your family may end up in disagreement.** The law's default may not match what you would have wanted, and relatives can be left guessing. ## Does a will avoid probate? No. A will tells the probate court what you want, but your estate still goes through probate. Probate can be expensive: in California, the executor and the attorney can each charge a statutory fee of 4% of the first $100,000 of the gross estate, 3% of the next $100,000 and 2% of the next $800,000. For a $1 million estate, that's about $46,000 combined ([Cal. Prob. Code §10800](https://codes.findlaw.com/ca/probate-code/prob-sect-10800/), [§10810](https://codes.findlaw.com/ca/probate-code/prob-sect-10810/)). These pass outside probate and outside your will: - Retirement accounts and life insurance with a named beneficiary - Bank accounts with a payable-on-death beneficiary, and brokerage accounts with a transfer-on-death registration - Property owned jointly with right of survivorship - Assets held in a living trust Beneficiary forms override your will, so review them whenever you update your plan. They are also the easiest place to name a charity: see [how to leave your IRA to charity](/blog/leave-ira-to-charity/). ## How do you keep your estate from going to distant relatives or the state? - **Write a will**, or a trust, that names your beneficiaries and a backup for each. - **Name contingent beneficiaries** on every account form. - **Add a backstop bequest.** It names a cause as the last beneficiary in line. The people you name inherit exactly as planned, and the cause receives your estate only if none of them survive you. Relatives you didn't name won't inherit by default, so make this choice deliberately. Sample backstop wording to discuss with your attorney: > If no beneficiary named in this will survives me, I give my estate to one or more charitable organizations described in Sections 170(c) and 2055(a) of the Internal Revenue Code, selected by my Executor, to be used for [the purposes you choose]. Our [free builder](/build/) adds a backstop with one checkbox. ## Frequently asked questions ### Does the state take everything if you die without a will? No. State law passes your property to your relatives in a set order. The state takes it only when no qualifying relative can be found, which is rare. ### Who inherits if I'm single with no children? Usually your parents, then your brothers and sisters and their children, then grandparents, aunts, uncles and cousins, depending on your state's law. ### Does an unmarried partner inherit without a will? Generally not. Intestacy laws are written around spouses and blood relatives. Some states treat registered domestic partners like spouses, but an unmarried partner usually needs a will or a beneficiary designation to inherit. ### What is the difference between escheat and unclaimed property? Escheat transfers an estate to the state when there are no heirs. Unclaimed property is money from dormant accounts that the state holds in custody until the owner or heirs claim it. ### How much money goes to the state from people who die without a will? No national figure exists. Full escheat is rare because intestacy laws reach distant relatives. Far larger amounts go to government through estate and income taxes, which charitable gifts in a plan can legally reduce. ## Sources 1. [Hawaii Revised Statutes §560:2-103](https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0002-0103.htm) and [§560:2-105](https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0002-0105.htm) (Uniform Probate Code) 2. [California Probate Code §6402](https://codes.findlaw.com/ca/probate-code/prob-sect-6402/) 3. [Texas Estates Code §201.001](https://texas.public.law/statutes/tex._est._code_section_201.001) 4. [Oregon Department of State Lands, 2015 budget presentation](https://olis.oregonlegislature.gov/liz/2015R1/Downloads/CommitteeMeetingDocument/51628) 5. [NAUPA, "NAUPA FY-25 Report"](https://unclaimed.org/wp-content/uploads/NAUPA-FY-25-Report.pdf) (October 2025) 6. [NAIC, "Life Insurance Policy Locator tool helps match consumers with more than $16 billion"](https://content.naic.org/article/naic-life-insurance-policy-locator-tool-helps-match-consumers-more-16-billion-lost-and-unclaimed) (September 2026) 7. [California Probate Code §10800](https://codes.findlaw.com/ca/probate-code/prob-sect-10800/) and [§10810](https://codes.findlaw.com/ca/probate-code/prob-sect-10810/) 8. [Jotwell, review of David Horton, "Wills Law on the Ground," *UCLA Law Review* (2015)](https://trustest.jotwell.com/?p=943) --- # How to Leave Money to Charity in Your Will URL: https://mylastwill.org/blog/how-to-leave-money-to-charity-in-your-will/ Updated: 2026-10-24 **Short answer:** Add a clause to your will, or a codicil to the will you have, that names the charity's full legal name and tax ID and describes the gift, usually a percentage of your residuary estate. You can also skip the will entirely and name a charity as a beneficiary of an IRA, life insurance policy or bank account. ## Key takeaways - The most common charitable gift is a percentage of your residuary estate: what's left after debts, expenses and specific gifts. - Identify each charity by its full legal name, city and federal tax ID (EIN). - You don't have to rewrite your will. A codicil, signed the same way as a will, can add a gift. - Gifts to qualified charities are fully deductible for federal estate tax, and a charity named on a traditional IRA pays no income tax. ## What are the ways to leave money to charity? | Type of gift | How it works | Best for | | --- | --- | --- | | Percentage of your residuary estate | A share of whatever remains after debts, expenses and specific gifts | Most people: the gift grows or shrinks with your estate | | Specific dollar amount | A fixed sum, such as $25,000 | A modest, predictable gift | | Specific asset | A particular item, such as shares of stock or real estate | Appreciated assets or property a charity can use | | Backstop (contingent) gift | Applies only if none of the people you name survive you | Choosing a cause over relatives you didn't name, or the state | | Beneficiary designation | Name a charity on an IRA, 401(k), life insurance policy or bank account | Tax efficiency, with no change to your will | A percentage protects your family. If your estate shrinks because of medical bills or a market drop, a fixed-dollar gift stays the same and comes out of your family's share; a percentage shrinks with it. ## What information do you need about the charity? - **Its full legal name.** Many charities have similar names, and the name on a fundraising letter may not be the legal name. - **Its city and state.** - **Its federal tax ID (EIN).** Look it up with the IRS [Tax Exempt Organization Search](https://apps.irs.gov/app/eos/). Many charities publish the exact wording they want on a "planned giving" or "legacy" page. ## What does bequest wording look like? Sample wording to discuss with your attorney: **A percentage of your residuary estate** > I give ten percent (10%) of my residuary estate to [full legal name of charity], a nonprofit organization located in [city, state], federal tax ID [EIN], for its general charitable purposes. **A specific amount** > I give the sum of twenty-five thousand dollars ($25,000) to [full legal name of charity], [city, state], federal tax ID [EIN], for its general charitable purposes. **A cause rather than one charity** > I give ten percent (10%) of my residuary estate to one or more charitable organizations described in Sections 170(c) and 2055(a) of the Internal Revenue Code, selected by my Executor, to be used for [cancer research, animal welfare, or another purpose]. **A substitute-charity clause** (always worth including) > If any organization named in this will does not exist at my death or cannot accept the gift, my Executor shall give that gift to one or more charitable organizations whose purposes most closely match its purposes. Our [free builder](/build/) writes this wording for every cause you choose, with your percentages filled in. ## Should you restrict how the money is used? Usually not. An unrestricted gift ("for its general charitable purposes") lets the charity use the money where it's needed most. A narrow restriction, such as funding one building or one program, can become impossible to carry out, and then a court may have to redirect it under a doctrine called *cy-près*. If a purpose matters to you, describe it broadly, add a substitute-charity clause, or give to a fund that stays dedicated to a cause. See [how to leave a bequest that does the most good](/blog/most-impact-per-dollar-charitable-bequest/). ## Do you have to rewrite your will to add a charity? No. A codicil is a short written amendment that adds or changes a provision in your will. It must be signed with the same formalities as a will, usually in front of two witnesses. Keep it with your original will. If you have several changes, a new will is often cleaner. ## Are charitable bequests tax-deductible? For estate tax, yes. Federal law lets an estate deduct gifts to qualified charities with no upper limit ([26 U.S.C. §2055](https://www.law.cornell.edu/uscode/text/26/2055)). In 2026 the federal exemption is $15 million per person, so most estates owe no federal estate tax anyway ([IRS](https://www.irs.gov/newsroom/irs-releases-tax-inflation-adjustments-for-tax-year-2026-including-amendments-from-the-one-big-beautiful-bill)). Twelve states and Washington, D.C. have their own estate taxes, most with far lower thresholds, starting at $1 million in Oregon. Charitable gifts reduce those taxes too. See [charitable bequests and estate tax in 2026](/blog/charitable-bequests-estate-tax-2026/). A gift in your will doesn't give you an income tax deduction while you're alive. If you're 70½ or older, a qualified charitable distribution from your IRA lets you give up to $111,000 in 2026 directly from the account, tax-free ([Congressional Research Service](https://www.everycrsreport.com/files/2026-01-15_IF11377_61619926ac55e159b5cbc639d4891481a4c4f0a1.html)). ## Should you tell the charity? It's optional, but it helps. The charity can confirm its legal name and the right wording, and thank you. Telling a charity is not a binding promise; you can change your will at any time. ## Frequently asked questions ### What is the best way to leave money to charity in a will? For most people, a percentage of the residuary estate, because it adjusts automatically as your estate changes and protects your family's share. ### Can I leave money to charity without a lawyer? Yes. Many people add a charitable gift with a codicil or a will made with self-help tools. An attorney review is wise for large or complex estates, or for gifts with restrictions. ### Can I leave money to more than one charity? Yes. Give each one a percentage of your residuary estate, or a share of a single charitable gift. ### What happens if the charity closes before I die? Without a substitute-charity clause, the gift may fail or end up in court. With one, your executor gives it to the most similar charity. ### Is a gift to a donor-advised fund in my will allowed? Yes. You can leave a gift to a donor-advised fund sponsor, which is itself a public charity, and name successors to recommend grants from it. ## Sources 1. [26 U.S.C. §2055, "Transfers for public, charitable, and religious uses"](https://www.law.cornell.edu/uscode/text/26/2055) 2. [IRS, "IRS releases tax inflation adjustments for tax year 2026"](https://www.irs.gov/newsroom/irs-releases-tax-inflation-adjustments-for-tax-year-2026-including-amendments-from-the-one-big-beautiful-bill) (October 2025) 3. [IRS, Tax Exempt Organization Search](https://apps.irs.gov/app/eos/) 4. [Congressional Research Service, "Qualified Charitable Distributions"](https://www.everycrsreport.com/files/2026-01-15_IF11377_61619926ac55e159b5cbc639d4891481a4c4f0a1.html) (January 2026) 5. [Tax Foundation, "Estate and Inheritance Taxes by State, 2026"](https://taxfoundation.org/data/all/state/estate-inheritance-taxes) --- # Why Your IRA May Be the Best Thing to Leave to Charity URL: https://mylastwill.org/blog/leave-ira-to-charity/ Updated: 2026-10-24 **Short answer:** Money in a traditional IRA or 401(k) hasn't been taxed yet, so heirs owe income tax as they withdraw it, usually within 10 years under the SECURE Act. A charity named as beneficiary pays no income tax, and the gift is also deductible for estate tax. Leaving retirement accounts to charity and other assets to family can leave more for everyone. ## Key takeaways - Heirs pay ordinary income tax on what they withdraw from an inherited traditional IRA or 401(k). - Most heirs other than a spouse must empty an inherited account within 10 years, and since 2025 many must also take yearly withdrawals. - A charity pays no income tax on retirement money it inherits. - Naming a charity takes one beneficiary form, with no change to your will. ## Why are inherited IRAs taxed? Contributions to a traditional IRA or 401(k) went in before tax, so the money is taxed when it comes out, including after you die. The law calls this "income in respect of a decedent," and it's taxed to whoever receives it ([26 U.S.C. §691](https://www.law.cornell.edu/uscode/text/26/691)). Since the SECURE Act, most beneficiaries other than a spouse must withdraw everything within 10 years. The exceptions include a spouse, your own minor child (until age 21), a disabled or chronically ill person, and anyone not more than 10 years younger than you ([Congressional Research Service](https://www.everycrsreport.com/reports/IF11328.html)). Final IRS rules issued in 2024 add a catch: if you had already started required withdrawals, your heirs must take withdrawals every year, not just empty the account by year 10. Penalties for missing them apply from 2025 ([EY](https://taxnews.ey.com/news/2024-1945-irs-issues-final-required-minimum-distribution-regulations), [IRS Notice 2024-35](https://www.irs.gov/pub/irs-drop/n-24-35.pdf)). These accounts hold a lot of money: $19.9 trillion in IRAs and $15.0 trillion in workplace plans such as 401(k)s, as of mid-2026 ([ICI](https://www.ici.org/statistical-report/ret_26_q2)). ## Why don't charities pay that tax? Qualified charities are exempt from income tax, so retirement money that goes to one arrives whole. The IRS has confirmed in private rulings that when a charity is the IRA beneficiary, only the charity includes that income ([IRS PLR 200633009](https://www.irs.gov/pub/irs-wd/0633009.pdf)). The gift is also deductible for estate tax ([26 U.S.C. §2055](https://www.law.cornell.edu/uscode/text/26/2055)). ## How much could the swap save? An illustration. Suppose you have $400,000 in a traditional IRA and $400,000 in a taxable brokerage account. You want half to go to your daughter and half to charity. | Plan | What your daughter keeps | What charity receives | | --- | --- | --- | | Split each account in half | $200,000 brokerage, plus $200,000 of IRA withdrawals, taxed as income. At a 30% combined federal and state rate, about $140,000 after tax: roughly $340,000 in all | $400,000 | | IRA to charity, brokerage to your daughter | $400,000 of brokerage assets, which generally get a stepped-up tax basis at death, so little or no tax | $400,000 | Same charitable gift, about $60,000 more for your daughter. Your numbers depend on your heirs' tax brackets and state. This is an illustration, not tax advice. ## How do you name a charity as your IRA beneficiary? 1. **Ask for the beneficiary form.** Most IRA custodians have it online. For a 401(k), ask the plan administrator. 2. **List the charity's full legal name, address and federal tax ID (EIN).** You can find the EIN with the IRS [Tax Exempt Organization Search](https://apps.irs.gov/app/eos/). 3. **Set percentages.** You can leave part to charity and part to people, such as 25% to a charity and 75% split among your children. 4. **Name contingent beneficiaries.** They inherit if a primary beneficiary can't. 5. **Keep the confirmation** with your estate papers, and tell your executor. If you're married, federal law usually requires your spouse's written consent before you name anyone else as the main beneficiary of a 401(k). Rules for IRAs vary in community property states. ## What about a Roth IRA? Roth withdrawals are generally tax-free for heirs, so a Roth is a good asset to leave to people. Traditional accounts are the better candidates for charity. ## Can you give from your IRA while you're alive? Yes, if you're 70½ or older. A qualified charitable distribution sends money directly from your IRA to a charity. In 2026 you can give up to $111,000 this way. It counts toward your required minimum distribution and isn't taxed as income ([Congressional Research Service](https://www.everycrsreport.com/files/2026-01-15_IF11377_61619926ac55e159b5cbc639d4891481a4c4f0a1.html)). Lifetime QCDs can't go to a donor-advised fund. ## What mistakes should you avoid? - **Naming your estate as beneficiary.** The account then goes through probate, and heirs may lose time to spread out the tax. - **Forgetting old forms.** Beneficiary designations override your will. An ex-spouse on an old form can still inherit in some cases. - **Using a charity's informal name.** Use its full legal name and EIN. ## Frequently asked questions ### Is it better to leave my IRA or my house to charity? Usually the traditional IRA. A house or brokerage account generally gets a stepped-up basis for heirs, so they owe little capital gains tax, while an IRA carries income tax for every heir except a charity. ### Can I leave just part of my IRA to charity? Yes. Beneficiary forms let you split an account by percentage among people and charities. ### Can I name a donor-advised fund or my own named fund as IRA beneficiary? Yes. A donor-advised fund sponsor is a public charity and can be named as beneficiary at your death. The restriction on donor-advised funds applies only to qualified charitable distributions made during your life. ### Do I need to change my will to leave my IRA to charity? No. Retirement accounts pass by beneficiary form, not by your will. ## Sources 1. [26 U.S.C. §691, "Recipients of income in respect of decedents"](https://www.law.cornell.edu/uscode/text/26/691) 2. [Congressional Research Service, "Retirement provisions in the SECURE Act"](https://www.everycrsreport.com/reports/IF11328.html) (2020) 3. [EY Tax News, "IRS issues final required minimum distribution regulations"](https://taxnews.ey.com/news/2024-1945-irs-issues-final-required-minimum-distribution-regulations) (July 2024) 4. [IRS Notice 2024-35](https://www.irs.gov/pub/irs-drop/n-24-35.pdf) 5. [IRS Private Letter Ruling 200633009](https://www.irs.gov/pub/irs-wd/0633009.pdf) (2006) 6. [Investment Company Institute, "Quarterly Retirement Market Data, Second Quarter 2026"](https://www.ici.org/statistical-report/ret_26_q2) 7. [Congressional Research Service, "Qualified Charitable Distributions"](https://www.everycrsreport.com/files/2026-01-15_IF11377_61619926ac55e159b5cbc639d4891481a4c4f0a1.html) (January 2026) 8. [26 U.S.C. §2055](https://www.law.cornell.edu/uscode/text/26/2055) --- # How to Create a Foundation in Your Will URL: https://mylastwill.org/blog/how-to-create-a-foundation-in-your-will/ Updated: 2026-10-24 **Short answer:** You can create a private foundation through your will, but for most people a named fund at a public charity, or a donor-advised fund with successor advisors, does the same job with no set-up cost and no annual IRS return. Private foundations must pay out about 5% of their assets each year and pay a 1.39% excise tax on investment income, so they generally suit very large estates. ## Key takeaways - Four structures can carry your giving forward: a named fund, a donor-advised fund, a private foundation, and a charitable remainder trust. - A named fund or donor-advised fund costs little to set up, needs no IRS filings of its own, and lets family members recommend grants. - A private foundation gives full control but must generally pay out 5% of its assets a year and file an annual return. - A charitable remainder trust pays income to loved ones first, then gives what remains to charity. ## What are your options? | | Named fund | Donor-advised fund | Private foundation | Charitable remainder trust | | --- | --- | --- | --- | --- | | How it's created | A gift in your will to a public charity that holds named funds | Your existing fund continues, or your will funds a new one | Your will funds a new foundation or trust | Your will creates the trust | | Who decides grants | Advisors you name recommend; the sponsor approves | Successor advisors recommend; the sponsor approves | Its board or trustees | The charity receives what remains | | Yearly payout | Set by the fund's terms | No federal minimum | About 5% of assets ([26 U.S.C. §4942](https://www.law.cornell.edu/uscode/text/26/4942)) | 5% to 50% a year to your beneficiaries ([§664](https://www.law.cornell.edu/uscode/text/26/664)) | | Taxes on its investments | None | None | 1.39% excise tax on net investment income ([§4940](https://www.law.cornell.edu/uscode/text/26/4940)) | Generally none inside the trust | | Annual IRS return | No | No | Yes, Form 990-PF | Yes | | Estate tax | Fully deductible | Fully deductible | Fully deductible | The charity's share is deductible | The One Big Beautiful Bill Act, signed in July 2025, left the private foundation excise tax at 1.39%; a proposed increase was dropped from the final law ([Davis Wright Tremaine](https://www.dwt.com/insights/2025/07/trump-one-big-beautiful-bill-nonprofits-colleges)). ## How does a named fund work? You leave a gift to a public charity, such as a community foundation, a donor-advised fund sponsor or a charity that runs cause funds, to set up a fund in your name or a loved one's. Your will sets its purpose, its lifespan and its advisors: - **Purpose.** The causes it supports, in the proportions you choose. - **Lifespan.** Spend everything within 10 or 25 years, or give about 5% a year indefinitely. - **Advisors.** Children or grandchildren who recommend grants. - **Mission.** A letter of wishes, in your own words, that guides future grants. The sponsor holds legal control and checks that every grant goes to a qualified charity. That control protects the fund's tax status, but it also means advisors recommend rather than decide. A 2026 lawsuit over a roughly $21 million fund shows what can happen when a sponsor and a successor advisor disagree ([Foley & Lardner](https://www.foley.com/insights/publications/2026/05/new-lawsuit-tests-the-limits-of-donor-advised-fund-advisory-privileges/)). Read the sponsor's policies before you choose one. ## Can a donor-advised fund keep giving after you die? Yes. Most sponsors let you name successor advisors or charitable beneficiaries. Some offer endowed programs that keep granting on a schedule: - **Fidelity Charitable's Endowed Giving Program** requires $100,000 and makes annual grants to up to 10 charities for at least five years, possibly in perpetuity ([Fidelity Charitable](https://www.fidelitycharitable.org/giving-account/create-your-charitable-legacy.html)). - **Vanguard Charitable** allows up to two successors and offers an endowed plan that pays out more than 5% a year ([Vanguard Charitable](https://www.vanguardcharitable.org/legacy-planning)). Donor-advised funds have no federal minimum payout as of 2026 ([Congressional Research Service](https://www.everycrsreport.com/reports/IF12126.html)). ## When does a private foundation make sense? A private foundation gives the most control: its own board, its own staff and its own name in perpetuity. That control has costs. The foundation must generally distribute 5% of its investment assets each year, pay a 1.39% tax on net investment income, file Form 990-PF and follow self-dealing rules that limit transactions with family members. It's usually worth it only when the endowment is large enough to justify professional management and when family members want to run it. For most estates, a named fund delivers the legacy without the overhead. ## What about a charitable remainder trust? A charitable remainder trust created by your will pays your beneficiaries a fixed percentage each year, between 5% and 50% of its value, for their lives or a term of up to 20 years. When it ends, what remains goes to the charities you chose. The remainder must be worth at least 10% of the trust's starting value, and that charitable share is deductible for estate tax ([26 U.S.C. §664](https://www.law.cornell.edu/uscode/text/26/664), [§2055(e)](https://www.law.cornell.edu/uscode/text/26/2055)). It suits people who want to provide income to a spouse or sibling first. It needs an attorney to draft and a trustee to run it. ## How do you write a named fund into your will? Sample wording to discuss with your attorney: > I give twenty percent (20%) of my residuary estate to a public charity that sponsors donor-advised or named charitable funds, selected by my Executor, to establish a fund to be known as "The Ellis Family Fund." The fund shall be used only for charitable purposes, divided as follows: fifty percent (50%) for cancer research and fifty percent (50%) for education. I request that the fund distribute all of its assets within about twenty-five years after my death, and that the sponsor invite my children to serve as advisors to the fund. Our [free builder](/build/) writes this for you and prepares a letter of wishes. See also [our comparison of foundation options](/foundation/). ## Frequently asked questions ### Can I create a foundation in my will? Yes. Your will can create and fund a private foundation, or direct a gift to a public charity to set up a named fund. A named fund is simpler and cheaper for most estates. ### How much money do you need to start a foundation? There is no legal minimum, but a private foundation's costs, including its annual return, professional fees and 1.39% excise tax, mean it usually makes sense only for large endowments. A named fund works at almost any size, although some sponsors set minimums: Fidelity Charitable's endowed program starts at $100,000. ### Can my children run my foundation after I die? In a private foundation, they can serve on the board. In a named or donor-advised fund, they can serve as advisors who recommend grants, while the sponsor approves them. ### Do private foundations have to give away money every year? Yes. A private foundation must generally distribute about 5% of its investment assets each year or pay a 30% tax on the shortfall. ## Sources 1. [26 U.S.C. §4942, "Taxes on failure to distribute income"](https://www.law.cornell.edu/uscode/text/26/4942) 2. [26 U.S.C. §4940, "Excise tax based on investment income"](https://www.law.cornell.edu/uscode/text/26/4940) 3. [26 U.S.C. §664, "Charitable remainder trusts"](https://www.law.cornell.edu/uscode/text/26/664) 4. [26 U.S.C. §2055](https://www.law.cornell.edu/uscode/text/26/2055) 5. [Davis Wright Tremaine, "The One Big Beautiful Bill and nonprofits"](https://www.dwt.com/insights/2025/07/trump-one-big-beautiful-bill-nonprofits-colleges) (July 2025) 6. [Congressional Research Service, "Donor-Advised Funds"](https://www.everycrsreport.com/reports/IF12126.html) (2022) 7. [Foley & Lardner, "New lawsuit tests the limits of donor-advised fund advisory privileges"](https://www.foley.com/insights/publications/2026/05/new-lawsuit-tests-the-limits-of-donor-advised-fund-advisory-privileges/) (May 2026) 8. [Fidelity Charitable, "Create your charitable legacy"](https://www.fidelitycharitable.org/giving-account/create-your-charitable-legacy.html) 9. [Vanguard Charitable, "Legacy planning"](https://www.vanguardcharitable.org/legacy-planning) --- # How to Leave a Charitable Bequest That Does the Most Good URL: https://mylastwill.org/blog/most-impact-per-dollar-charitable-bequest/ Updated: 2026-10-24 **Short answer:** Pick the cause you care about, then direct your gift to programs with strong evidence and a low cost per result. Because bequests often arrive years after a will is signed, it's safest to lock in the cause rather than a single charity, and let a research-guided fund or your executor choose the best organizations when the gift arrives. ## Key takeaways - The best programs can do far more good per dollar than typical ones. In one study of 108 health programs, the best was about 60 times as cost-effective as the median. - Seven questions separate high-impact gifts from merely good ones: scale, neglect, evidence, cost-effectiveness, counterfactual impact, room for more funding and durability. - Charitable wills are often signed years before death, so lock in your cause rather than one charity. - A substitute-charity clause and a research-guided fund keep your gift from going stale. ## Why does impact per dollar vary so much? Charities working on the same problem can differ enormously in what a dollar buys. When philosopher Toby Ord analyzed 108 health interventions from the second edition of *Disease Control Priorities*, results ranged from 0.02 to 300 years of healthy life (DALYs) per $1,000. The best intervention was about 60 times as cost-effective as the median, and about 15,000 times as cost-effective as the worst ([Giving What We Can](https://www.givingwhatwecan.org/research/the-moral-imperative-towards-cost-effectiveness)). Large differences show up in other causes too: | Cause | What evaluators measure | A recent finding | | --- | --- | --- | | Global health | Cost per life saved | GiveWell estimates its four top charities save a life for roughly $3,500 to $5,500 in donations ([GiveWell](https://www.givewell.org/charities/top-charities)) | | Education | Learning gained | A review of 96 randomized trials found tutoring raised achievement by 0.37 standard deviations on average ([NBER](https://www.nber.org/papers/w27476)) | | Animal welfare | Animals helped per dollar | Corporate cage-free and broiler campaigns affected an estimated 9 to 120 years of chicken life per dollar ([Rethink Priorities](https://rethinkpriorities.org/research-area/corporate-campaigns-affect-9-to-120-years-of-chicken-life-per-dollar-spent)) | | Rare disease | Treatments unlocked | The Cystic Fibrosis Foundation invested about $150 million in drug research, then sold its royalty rights for $3.3 billion ([Scientific American](https://www.scientificamerican.com/article/cystic-fibrosis-charity-sells-drug-rights-to-pharma-for-3-3-billion/)) | These are estimates, and evaluators revise them often. The pattern holds, though: where your money goes matters as much as how much you give. ## What should you ask before choosing a charity? Independent evaluators use versions of the same framework. These are the seven questions we ask: 1. **Scale.** How many people or animals does the problem affect, and how severely? 2. **Neglect.** How much money already flows to it? An extra dollar matters most where funding is thin. 3. **Evidence.** Has the approach been tested, ideally in randomized trials, or proven by a long track record? 4. **Cost-effectiveness.** What does one unit of good cost: a life saved, a year of healthy life, a year of learning? 5. **Counterfactual impact.** Would the work happen anyway without your gift? 6. **Room for more funding.** Can the organization put more money to good use right now? 7. **Durability.** Will this still be a good use of money when your gift actually arrives? You don't have to answer all seven yourself. [GiveWell](https://www.givewell.org), [Animal Charity Evaluators](https://animalcharityevaluators.org), [Giving Green](https://www.givinggreen.earth) and [J-PAL](https://www.povertyactionlab.org) publish their research for free. ## Why do bequests need extra care? A bequest is paid at death, often years after you sign. In a study of Australian probate records, charitable wills were signed an average of 5.6 years before death ([James and Baker](https://ernop.eu/wp-content/uploads/2015/06/Russell-James.pdf)). In that time a charity can merge, close, change its mission, or be overtaken by something more effective. That's why GiveWell [advises against](https://www.givewell.org/planned-giving) naming one of its specific top charities in a will. It suggests a gift that can be directed to the best opportunities at the time. ## How do you keep a bequest effective for decades? Three tools help: - **Lock the cause, not the charity.** Give to a fund dedicated to a cause, or ask your executor to choose effective organizations within that cause. Your purpose stays fixed while the recipients can change. - **Add a substitute-charity clause.** If a named charity no longer exists or can't accept the gift, your executor gives it to the organization whose work is closest. - **Give a percentage, not a dollar amount.** A percentage of your residuary estate grows or shrinks with your estate, so your family's share stays protected. If you'd like your name on it, a named legacy fund does all three. It holds your gift, follows your causes, and keeps giving for years or forever. See [how to create a foundation in your will](/blog/how-to-create-a-foundation-in-your-will/). ## What does the wording look like? Here's sample cause-based wording to discuss with your attorney: > I give ten percent (10%) of my residuary estate to one or more charitable organizations described in Sections 170(c) and 2055(a) of the Internal Revenue Code, selected by my Executor, to be used for improving health and reducing extreme poverty in low-income countries. I ask that my Executor consider the research of independent charity evaluators at the time of my death. Our [free builder](/build/) writes this for each cause you choose, with your percentages filled in. ## Frequently asked questions ### Do I have to choose the most effective cause? No. Most people give to causes with personal meaning, and that's the right place to start. Impact-per-dollar thinking helps most within the cause you choose, by finding the programs where your gift does the most. ### Can I leave money to a charity evaluator's fund in my will? Yes. GiveWell, Giving What We Can and The Life You Can Save all publish bequest wording on their websites. GiveWell receives bequests through its legal entity, The Clear Fund. ### Isn't a large, well-known charity a safer choice? Size isn't the same as impact. Well-known charities can be excellent, but the question for your gift is what one more dollar accomplishes there compared with elsewhere. ### What if the evidence changes after I sign my will? That's the advantage of cause-based gifts and research-guided funds. They're designed to follow the evidence as it changes, without you having to rewrite your will. ## Sources 1. Toby Ord, "The Moral Imperative toward Cost-Effectiveness in Global Health" (2013), via [Giving What We Can](https://www.givingwhatwecan.org/research/the-moral-imperative-towards-cost-effectiveness) 2. [GiveWell, "Top Charities"](https://www.givewell.org/charities/top-charities) (updated September 2025) 3. [GiveWell, "Planned Giving"](https://www.givewell.org/planned-giving) 4. Nickow, Oreopoulos and Quan, ["The Impressive Effects of Tutoring on PreK-12 Learning"](https://www.nber.org/papers/w27476), NBER Working Paper 27476 (2020) 5. [Rethink Priorities, "Corporate campaigns affect 9 to 120 years of chicken life per dollar spent"](https://rethinkpriorities.org/research-area/corporate-campaigns-affect-9-to-120-years-of-chicken-life-per-dollar-spent) (2019) 6. [Scientific American, "Cystic Fibrosis Charity Sells Drug Rights to Pharma for $3.3 Billion"](https://www.scientificamerican.com/article/cystic-fibrosis-charity-sells-drug-rights-to-pharma-for-3-3-billion/) (2014) 7. Russell James and Christopher Baker, ["The Timing of Final Charitable Bequest Decisions"](https://ernop.eu/wp-content/uploads/2015/06/Russell-James.pdf) --- # Charitable Bequests and Estate Tax in 2026 URL: https://mylastwill.org/blog/charitable-bequests-estate-tax-2026/ Updated: 2026-10-24 **Short answer:** Under the One Big Beautiful Bill Act, the federal estate tax exemption is $15 million per person in 2026, indexed for inflation, with a 40% top rate and no scheduled sunset. Charitable bequests remain fully deductible with no cap. Most families won't owe federal estate tax, but 12 states and Washington, D.C. have their own estate taxes, starting as low as $1 million, and five states tax inheritances. ## Key takeaways - The federal estate tax exemption is $15 million per person in 2026, indexed for inflation from 2027, with a 40% top rate. - Gifts to qualified charities in a will are fully deductible, with no percentage limit. - Only about 2,700 estates a year owe federal estate tax, but state estate taxes reach estates as small as $1 million. - With few estates taxed, the bigger tax lever for most families is leaving traditional IRAs to charity. ## What is the federal estate tax exemption in 2026? $15,000,000 per person for deaths in 2026. The One Big Beautiful Bill Act made the higher exemption permanent, with inflation adjustments after 2026, and kept the 40% top rate ([IRS](https://www.irs.gov/newsroom/irs-releases-tax-inflation-adjustments-for-tax-year-2026-including-amendments-from-the-one-big-beautiful-bill), [26 U.S.C. §2010](https://www.law.cornell.edu/uscode/text/26/2010)). A married couple can generally shelter twice that. The annual gift tax exclusion stays at $19,000 per recipient. ## How many estates pay federal estate tax? Very few. In filing year 2024, 7,195 estate tax returns were filed and 2,663 owed tax, paying $23.3 billion in all ([IRS Statistics of Income](https://www.irs.gov/statistics/soi-tax-stats-estate-tax-filing-year-tables)). Federal estate and gift tax receipts were $29.5 billion in fiscal 2025 and $38.7 billion in fiscal 2026 ([U.S. Treasury](https://api.fiscaldata.treasury.gov/services/api/fiscal_service/v1/accounting/mts/mts_table_4?filter=record_date:eq:2026-09-30&page[size]=200)). ## How do charitable bequests reduce estate tax? An estate can deduct the full value of gifts to qualified charities, with no cap other than the value of what's given ([26 U.S.C. §2055](https://www.law.cornell.edu/uscode/text/26/2055)). In filing year 2024, 1,733 estates claimed $37.5 billion in charitable deductions ([IRS Statistics of Income](https://www.irs.gov/statistics/soi-tax-stats-estate-tax-filing-year-tables)). For a taxable estate, every dollar left to charity removes up to 40 cents of federal tax. For the large majority of families, who are under the exemption, the federal deduction doesn't change anything, but state taxes and income taxes on retirement accounts still might. ## Which states have estate or inheritance taxes in 2026? | State | Tax | 2026 exemption | Top rate | | --- | --- | --- | --- | | Connecticut | Estate | $15,000,000 | 12% | | District of Columbia | Estate | $4,988,400 | 16% | | Hawaii | Estate | $5,490,000 | 20% | | Illinois | Estate | $4,000,000 | 16% | | Maine | Estate | $7,160,000 | 12% | | Maryland | Estate and inheritance | $5,000,000 (estate) | 16% estate, 10% inheritance | | Massachusetts | Estate | $2,000,000 | 16% | | Minnesota | Estate | $3,000,000 | 16% | | New York | Estate | $7,350,000 | 16% | | Oregon | Estate | $1,000,000 | 16% | | Rhode Island | Estate | $1,838,056 | 16% | | Vermont | Estate | $5,000,000 | 16% | | Washington | Estate | $3,076,000 (deaths Jan–Jun 2026); $3,000,000 from July 1 | 35% for Jan–Jun 2026 deaths; 20% from July 1 | | Kentucky | Inheritance | Varies by heir | 16% | | Nebraska | Inheritance | Varies by heir | 15% | | New Jersey | Inheritance | Varies by heir | 16% | | Pennsylvania | Inheritance | Varies by heir | 15% | Source: [Tax Foundation, "Estate and Inheritance Taxes by State, 2026"](https://taxfoundation.org/data/all/state/estate-inheritance-taxes) (data as of October 1, 2026), and the [Washington Department of Revenue](https://dor.wa.gov/taxes-rates/other-taxes/estate-tax-tables). Iowa repealed its inheritance tax as of 2025. Spouses are generally exempt from inheritance taxes, and charities usually are too. State death taxes raised $7.5 billion in fiscal 2025 ([U.S. Census Bureau via FRED](https://fred.stlouisfed.org/data/USDTHGFTAX)). A $2.5 million estate in Massachusetts or Oregon can owe state tax while owing nothing federally. Charitable bequests generally reduce state estate taxes too. ## What else changed for charitable giving in 2026? The One Big Beautiful Bill Act changed income tax rules for gifts made while you're alive, starting in 2026 ([Taft](https://www.taftlaw.com/news-events/law-bulletins/charitable-giving-after-the-obbba-the-2026-outlook/)): - **Non-itemizers** can deduct up to $1,000 ($2,000 for joint filers) of cash gifts to public charities. Gifts to donor-advised funds don't count. - **Itemizers** can deduct only charitable gifts above 0.5% of their adjusted gross income. - **Top-bracket itemizers** get a deduction worth at most 35 cents per dollar. - **Private foundations** still pay a 1.39% excise tax on investment income; a proposed increase didn't make it into the final law. Qualified charitable distributions from IRAs, for people 70½ and older, are capped at $111,000 per person in 2026 ([Congressional Research Service](https://www.everycrsreport.com/files/2026-01-15_IF11377_61619926ac55e159b5cbc639d4891481a4c4f0a1.html)). ## Should you leave money to charity if you won't owe estate tax? Taxes are rarely the main reason to give, but they still shape the smartest way to do it: - **Retirement accounts.** Heirs pay income tax on inherited traditional IRAs and 401(k)s; a charity doesn't. See [why your IRA may be the best thing to leave to charity](/blog/leave-ira-to-charity/). - **State estate taxes.** In the 12 states and D.C. with their own estate tax, a charitable gift can lower the bill. - **Your values.** A percentage of your estate, a backstop gift or a named fund lets your values outlast you. Our [free builder](/build/) helps you do all three. ## Frequently asked questions ### What is the estate tax exemption in 2026? $15 million per person for deaths in 2026, indexed for inflation in later years. The top federal rate is 40%. ### Will the estate tax exemption drop in 2026? No. Before 2025 the exemption was scheduled to fall by about half in 2026. The One Big Beautiful Bill Act instead set it at $15 million and removed the sunset. ### Are charitable bequests deductible for estate tax? Yes, in full, with no percentage limit, as long as the recipient is a qualified charity. ### Which states have the lowest estate tax thresholds? Oregon ($1 million), Rhode Island ($1.84 million) and Massachusetts ($2 million) in 2026. ### Do I get an income tax deduction for a gift in my will? No. Bequests reduce estate tax, not your income tax while you're alive. Lifetime gifts and qualified charitable distributions from an IRA are the income tax tools. ## Sources 1. [IRS, "IRS releases tax inflation adjustments for tax year 2026"](https://www.irs.gov/newsroom/irs-releases-tax-inflation-adjustments-for-tax-year-2026-including-amendments-from-the-one-big-beautiful-bill) (October 2025) 2. [26 U.S.C. §2010](https://www.law.cornell.edu/uscode/text/26/2010) and [§2055](https://www.law.cornell.edu/uscode/text/26/2055) 3. [IRS, "SOI Tax Stats: Estate Tax Filing Year Tables"](https://www.irs.gov/statistics/soi-tax-stats-estate-tax-filing-year-tables) 4. [U.S. Treasury, Monthly Treasury Statement, Table 4](https://api.fiscaldata.treasury.gov/services/api/fiscal_service/v1/accounting/mts/mts_table_4?filter=record_date:eq:2026-09-30&page[size]=200) 5. [Tax Foundation, "Estate and Inheritance Taxes by State, 2026"](https://taxfoundation.org/data/all/state/estate-inheritance-taxes) 6. [Washington Department of Revenue, "Estate tax tables"](https://dor.wa.gov/taxes-rates/other-taxes/estate-tax-tables) 7. [U.S. Census Bureau, State government death and gift tax collections, via FRED](https://fred.stlouisfed.org/data/USDTHGFTAX) 8. [Taft, "Charitable giving after the OBBBA: the 2026 outlook"](https://www.taftlaw.com/news-events/law-bulletins/charitable-giving-after-the-obbba-the-2026-outlook/) (April 2026) 9. [Congressional Research Service, "Qualified Charitable Distributions"](https://www.everycrsreport.com/files/2026-01-15_IF11377_61619926ac55e159b5cbc639d4891481a4c4f0a1.html) (January 2026) --- # Can You Sign a Will Online? Electronic Wills and Online Notarization URL: https://mylastwill.org/blog/sign-will-online-remote-notarization/ Updated: 2026-10-24 **Short answer:** Only in some states. As of October 2026, 15 states and the District of Columbia allow electronic wills, and about 20 jurisdictions let witnesses take part by live video under strict conditions, often through an online notary or a supervising attorney. Everywhere else, you print your will and sign it with two witnesses in the same room. Online notarization alone doesn't make a will valid; witnesses do. ## Key takeaways - In most states, a will is valid only when it's signed on paper with two witnesses physically present. - Fifteen states and D.C. allow electronic wills. About 20 jurisdictions let witnesses join by video, a few of them even for paper wills. - Online notarization is legal in most states, but a notary isn't a witness. Notarizing a will online doesn't make it valid unless your state's will law allows it. - Printing and signing in ink, with two witnesses, works in every state except Louisiana, which has its own form, and costs nothing. ## Which states allow electronic wills? As of October 2026, these jurisdictions allow electronic wills: Arizona, Colorado, Florida, Idaho, Illinois, Indiana, Kentucky, Maryland, Minnesota, Missouri, Nevada, North Dakota, Oklahoma, Utah, Washington and the District of Columbia. Kentucky's law is the newest; it took effect July 15, 2026. New York enacted an electronic wills law in December 2025, but it doesn't take effect until 2027 ([Rivkin Radler](https://www.rivkinradler.com/publications/new-york-electronic-wills-act-enacted-not-yet-effective/)). Bills in Michigan, New Jersey, Pennsylvania and Virginia haven't become law. New Hampshire and Oregon expressly don't allow electronic wills ([ACTEC Foundation](https://actecfoundation.org/?p=15610)); since January 2026, Oregon won't treat an electronic record as a will at all. In the remaining states there's no law allowing them, so a will must be on paper. Each of our [state guides](/make-a-will/#states) says whether that state allows electronic wills and remote witnesses, with links to the statute. ## Can witnesses join by video? In about 20 jurisdictions, yes, but never casually over a video call. Most are electronic-will states, but a few allow video witnesses even for a paper will: Iowa, Illinois and Washington, and, with a supervising local attorney, New Hampshire and Wisconsin. Wyoming has allowed video witnesses since 2023. The rules are strict: - **Florida** allows remote witnesses only in a session supervised by a Florida online notary. The notary must ask screening questions, and remote witnessing isn't allowed for vulnerable adults. A self-proved electronic will must be kept by a qualified custodian ([Fla. Stat. §117.285](http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0117/Sections/0117.285.html)). - **Colorado and the District of Columbia** follow the Uniform Electronic Wills Act. Witnesses can be present by real-time audio and video, and must be in a U.S. state when they sign. - **Indiana** counts video presence only when a lawyer or a paralegal working under a lawyer's direction supervises the signing and signs an affidavit of compliance. - **Kentucky** requires both witnesses to be Kentucky residents who are physically in Kentucky when they sign. North Dakota's electronic wills law doesn't expressly allow remote witnesses, so witnesses there should be physically present. ## What online notarization can and can't do Remote online notarization (RON) lets a notary verify your identity and notarize your signature by live video. Most states allow it for ordinary documents. For wills, it does less than people expect: 1. **A notary isn't a witness.** In almost every state, a will needs two witnesses. Notarizing your signature online doesn't replace them. 2. **It can notarize the self-proving affidavit**, the optional statement that saves your witnesses a trip to court, but only where state law allows it for wills, and often only if the witnesses are part of the same session. 3. **Some states exclude wills from online notarization**, or limit it to electronic wills. Colorado, for example, bars remote notarization of paper wills. Colorado and North Dakota are exceptions to the witness rule: they let you acknowledge a will before a notary instead of using witnesses. In Colorado, that acknowledgment can be remote only for an electronic will made on an approved platform. ## What does online signing cost? Proof (formerly Notarize) is one of the few online notary services that says it supports remote will signings and can supply witnesses. Its published prices start at $25 for the first notarization, $15 for each additional seal, and $15 for each witness it provides ([Proof](https://demo.proof.com/answers/how-much-does-notarization-cost-on-the-proof-platform)). A typical will signing with two provided witnesses runs about $55 to $70. Signing on paper with your own witnesses is free, and a notary at a bank or shipping store usually charges a few dollars to about $25. ## Should you sign online? For most people, printing and signing in person is the better choice: - **It works in nearly every state.** If you move, a properly witnessed paper will is recognized almost everywhere. Out-of-state recognition of electronic wills is still developing. - **There's an original.** Probate courts know what to do with a signed paper original. An electronic will needs a secure, unaltered copy, and some states require a qualified custodian. - **It's harder to challenge.** Courts have decades of experience with paper wills. Online signing makes sense when you live in a state that allows it and can't easily gather two witnesses, for example if you're homebound or far from people who don't inherit under your will. ## How to sign online, where it's allowed 1. **Check your state's rules** on our [state pages](/make-a-will/#states). You must be physically in that state when you sign. 2. **Choose a service that supports electronic wills** in your state and can provide witnesses if you need them. 3. **Upload your will**, then join the video session. The notary checks your ID, and you and the witnesses sign electronically. 4. **Make it self-proving** in the same session if your state allows it. 5. **Store the electronic original** as your state requires, and tell your executor where it is. MyLastWill prepares your will for printing. You can upload the PDF to an online signing service if your state allows electronic wills. ## Frequently asked questions ### Can I sign my will with DocuSign? Not by itself. An e-signature on a document that isn't witnessed as your state requires isn't a valid will. Even in electronic-will states, the witness and sometimes notary rules still apply. ### Can my witnesses watch me sign over Zoom? Only in states whose law allows remote witnessing, and usually only through a supervised notary session or with an attorney's affidavit. An ordinary video call isn't enough. ### Is an electronic will valid in another state? Many states will accept a will that was valid where it was signed, but electronic wills are new, and a court elsewhere may ask more questions. If you move, consider signing a new paper will. ### Do I need a notary to make my will valid? In most states, no. Witnesses make it valid. A notary is needed only for the optional self-proving affidavit, or in Colorado and North Dakota if you choose a notary instead of witnesses. ## Sources 1. [Rivkin Radler, "New York Electronic Wills Act Enacted, Not Yet Effective"](https://www.rivkinradler.com/publications/new-york-electronic-wills-act-enacted-not-yet-effective/) (January 2026) 2. [ACTEC Foundation, electronic wills overview](https://actecfoundation.org/?p=15610) (2022) 3. [Florida Statutes §732.522, electronic wills](http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.522.html) 4. [Florida Statutes §117.285, supervising remote witnesses](http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0117/Sections/0117.285.html) 5. [Proof, notarization pricing](https://demo.proof.com/answers/how-much-does-notarization-cost-on-the-proof-platform) 6. [Proof, estate planning](https://www.proof.com/estate-planning) --- # Are Online Wills Legal? What Makes a Will Valid URL: https://mylastwill.org/blog/are-online-wills-legal/ Updated: 2026-10-24 **Short answer:** Yes. Where a will was drafted doesn't matter; how it's signed does. In most states you sign a printed will in front of two adult witnesses, who sign it too, and you can add a notarized self-proving affidavit so the court won't need to contact them later. About 26 states also accept handwritten wills, and a growing number allow electronic ones. ## Key takeaways - A will's validity comes from how it's signed, not who drafted it. - The standard is a written will signed by you and two adult witnesses. Choose witnesses who inherit nothing. - A self-proving affidavit, signed in front of a notary, makes probate easier in most states. - Handwritten and electronic wills are valid only in some states, under specific rules. ## What makes a will valid? The requirements are similar in most states: 1. **You're an adult** of sound mind, who understands what you own and who your family is. 2. **The will is in writing.** 3. **You sign it.** 4. **Two witnesses sign it**, after watching you sign or acknowledge it. Some states that follow the Uniform Probate Code let you acknowledge your will before a notary instead of using two witnesses. North Dakota is one ([N.D. Cent. Code §30.1-08-02](https://www.ndlegis.gov/cencode/t30-1c08.pdf)), and Colorado reportedly has a similar rule. Check your own state's law before relying on it. ## Who can be a witness? Any competent adult, but choose people who receive nothing under your will. Under the Uniform Probate Code a will isn't invalid just because a beneficiary witnessed it ([N.D. Cent. Code §30.1-08-05](https://www.ndlegis.gov/cencode/t30-1c08.pdf)), but other states have different rules, and an interested witness invites challenges. Two neighbors, coworkers or bank staff are a safe choice. ## What is a self-proving affidavit? A short sworn statement that you and your witnesses sign in front of a notary, usually right after signing the will. It lets the probate court accept the will without tracking down your witnesses years later. It's available in most states. The exceptions are California, the District of Columbia, Maryland and Ohio; in California, the witnesses' statement in the will, signed under penalty of perjury, does the same job. See [your state's rules](/make-a-will/#states). ## What about Louisiana? Louisiana has its own system. Its "notarial testament" must be in writing, dated, and signed in front of a notary and two witnesses, who all sign it. A 2025 law simplified the requirements, removing the old required declaration and attestation wording. It is self-proving if every page is signed and it includes an attestation clause or a later affidavit ([La. Civil Code art. 1576](https://www.legis.la.gov/legis/Law.aspx?d=108901)). Use a Louisiana-specific form or attorney. ## Are handwritten wills valid? In about 26 states, a will written and signed in your own handwriting, called a holographic will, is valid without witnesses ([Haneman, Notre Dame Journal of Law, Ethics & Public Policy](https://researchworks.creighton.edu/esploro/outputs/journalArticle/Everybody-dies-Or-a-consideration-of/991005932196702656)). They're risky: they often leave out key details, and handwriting and intent can be disputed. A typed will signed in front of witnesses is safer everywhere. ## Can you sign a will electronically? Only in some states. By one practitioner's count in April 2026, about 15 states, including Arizona, Florida, Indiana, Nevada and Utah, have laws allowing electronic wills ([Wills, Trusts & Estates Prof Blog](https://www.willstrustsestates.info/states-that-have-enacted-electronic-wills/)). The rules differ, and an electronic will may not be recognized in another state. Until the law settles, printing and signing in ink is the safest choice. ## Is it legal for a website to prepare your will? Yes, when it acts as self-help software rather than a lawyer. Texas, for example, says forms and software aren't the practice of law if they "clearly and conspicuously" state that they are "not a substitute for the advice of an attorney" ([Tex. Gov't Code §81.101](https://texas.public.law/statutes/tex._gov't_code_section_81.101)). North Carolina requires online legal-document providers to register and to have a North Carolina attorney review their templates ([N.C. Gen. Stat. §84-2.2](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_84/GS_84-2.2.html)). What a website can't do is give you individual legal advice. That's why an attorney's review is worth it for complicated situations: a business, a blended family, a family member with special needs, or a large estate. ## What are the most common mistakes? - **Not signing it correctly.** An unsigned or unwitnessed will may be worthless. - **Using a beneficiary as a witness.** - **Writing changes on a signed will.** Sign a codicil or a new will instead. - **Forgetting beneficiary forms.** Retirement accounts and life insurance follow their forms, not your will. - **Not naming backups** for your executor, guardian and beneficiaries. - **Never updating it** after a marriage, divorce, birth, death or move to another state. ## Frequently asked questions ### Is a will from an online service legally binding? Yes, if you sign it the way your state requires. Courts look at how the will was signed and witnessed, not at who drafted it. ### Does a will need to be notarized? In most states, no. Witnesses make it valid. A notary is used for the optional self-proving affidavit, which makes probate easier. ### Can family members be witnesses? Legally, often yes, but it's better to use witnesses who inherit nothing, to avoid challenges. ### Is a handwritten will valid? In about 26 states, if it's entirely or mostly in your handwriting and signed. In other states it needs witnesses like any will. ### Where should I keep my original will? Somewhere safe that your executor can reach, such as a fireproof box at home or your attorney's office. Some probate courts accept wills for safekeeping. Tell your executor where it is. ## Sources 1. [North Dakota Century Code ch. 30.1-08](https://www.ndlegis.gov/cencode/t30-1c08.pdf) (Uniform Probate Code execution rules) 2. [Cornell Legal Information Institute, "Self-proving will"](https://www.law.cornell.edu/wex/self-proving_will) 3. [Louisiana Civil Code art. 1576](https://www.legis.la.gov/legis/Law.aspx?d=108901) 4. [Haneman, law review article on holographic wills](https://researchworks.creighton.edu/esploro/outputs/journalArticle/Everybody-dies-Or-a-consideration-of/991005932196702656), *Notre Dame Journal of Law, Ethics & Public Policy* (2018) 5. [Wills, Trusts & Estates Prof Blog, "States that have enacted electronic wills"](https://www.willstrustsestates.info/states-that-have-enacted-electronic-wills/) (April 2026) 6. [Texas Government Code §81.101](https://texas.public.law/statutes/tex._gov't_code_section_81.101) 7. [North Carolina General Statutes §84-2.2](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_84/GS_84-2.2.html) --- # The Great Wealth Transfer: How Much Will Go to Charity? URL: https://mylastwill.org/blog/great-wealth-transfer-charity/ Updated: 2026-10-24 **Short answer:** Cerulli Associates projects that $124 trillion will change hands in the U.S. through 2048, including about $18 trillion to charity. Today Americans leave about $62 billion a year to charity through bequests, so reaching that projection would take far more people including a gift in their plans. ## Key takeaways - Cerulli projects $124 trillion will transfer through 2048: $105 trillion to heirs and $18 trillion to charity. - U.S. bequests reached $62.19 billion in 2025, up 19.7% in a year and about 10% of all giving. - Only about 5% of estates leave anything to charity, and a small number of very large estates give most of the dollars. - The $18 trillion is a projection, not a promise. It depends on decisions most people make late in life. ## How big is the great wealth transfer? In December 2024, Cerulli Associates estimated that $124 trillion will transfer through 2048. About $105 trillion is expected to go to heirs and $18 trillion to charity, and $54 trillion will pass between spouses along the way. Roughly half, $62 trillion, comes from high-net-worth and ultra-high-net-worth households ([Cerulli](https://www.cerulli.com/press-releases/cerulli-anticipates-124-trillion-in-wealth-will-transfer-through-2048)). Not every forecaster agrees on the size. One Visa analysis projected that only about $36 trillion will reach Gen X and millennial households over the next 20 years ([Money Talks News](https://www.moneytalksnews.com/the-great-wealth-transfer-is-underway-is-it-trillion-or-only-trillion/)). ## How much do Americans leave to charity today? Giving USA estimates that Americans gave $617.20 billion to charity in 2025. Bequests were $62.19 billion of that, up 19.7% from the year before and the fastest-growing source of giving ([Giving USA](https://givingusa.org/giving-usa-charitable-giving-rose-to-617-20-billion-in-2025-surpassing-the-600-billion-mark-for-the-first-time/)). | Year | Bequests | As first reported in | | --- | --- | --- | | 2023 | $42.68 billion | Giving USA 2024 | | 2024 | $45.84 billion (later revised to $51.95 billion) | Giving USA 2025 | | 2025 | $62.19 billion | Giving USA 2026 | Giving USA revises earlier years as more data arrives, so compare figures from the same edition when you can. Bequests have made up roughly 8% to 10% of all U.S. giving for decades. Part of 2025's jump came from very large estates, including about $3.1 billion from the estate of Microsoft co-founder Paul Allen ([PG Calc](https://pgcalc.com/insight-training/pg-calc-featured-articles/has-the-great-wealth-transfer-finally-begun)). ## Who leaves money to charity in their will? - **About 1 in 20 estates.** In Health and Retirement Study data, 5.4% of decedents' estates made a charitable transfer ([James and Baker](https://ernop.eu/wp-content/uploads/2015/06/Russell-James.pdf)). - **About 1 in 9 older planners.** Among Americans 55 and older with a will or trust, the share naming a charity rose from 8.3% in 1998 to 11.4% in 2016 ([James, 2020](https://www.pgcalc.com/sites/default/files/outline23i0sem.pdf)). - **A few very large estates.** In IRS filings in 2024, 1,733 estates claimed $37.5 billion in charitable deductions, an average of about $21.6 million each ([IRS Statistics of Income](https://www.irs.gov/statistics/soi-tax-stats-estate-tax-filing-year-tables)). - **People without children.** Childless adults were 8.8% of will-makers over 55 but 25.7% of those leaving charitable gifts, and they left about 52% of charitable bequest dollars ([James, 2020](https://www.pgcalc.com/sites/default/files/outline23i0sem.pdf)). - **People in their final years.** 61% of charitable estate plans were added within five years of death ([James and Baker](https://ernop.eu/wp-content/uploads/2015/06/Russell-James.pdf)). ## Will the $18 trillion actually reach charity? Not automatically. Spread over 24 years, $18 trillion would be about $750 billion a year. That's more than all U.S. charitable giving in 2025, and about 12 times what Americans left through bequests that year. It's better read as a ceiling than a forecast. Plans also change. In long-term survey data, only about 55% of charitable estate plans were still in place ten years later ([James and Baker](https://ernop.eu/wp-content/uploads/2015/06/Russell-James.pdf)). ## What could change the outcome? Being asked. In a U.K. trial with a will-writing firm, simply asking customers whether they'd like to leave money to charity raised the share who did from 4.9% to 10.8%. Telling them that many people do it raised the share to 15.4% ([Behavioural Insights Team](https://www.bi.team/wp-content/uploads/2022/01/Charitable-Giving.pdf)). Today about 15% of U.K. wills include a charitable gift, after two decades of campaigns that put the question in front of people ([TFN](https://tfn.scot/news/are-you-a-willanthropist-remember-a-charity-week-kicks-off)). ## What does this mean for your own plan? - **A small percentage can be a large gift.** Five or ten percent of an estate can fund years of work for a cause. - **A backstop gift keeps your family first.** It applies only if none of the people you name survive you, though it does mean relatives you didn't name won't inherit by default. See [what happens if you die without a will](/blog/what-happens-if-you-die-without-a-will/). - **Retirement accounts are often the best assets to give.** Heirs pay income tax on inherited traditional IRAs; charities don't. See [how to leave your IRA to charity](/blog/leave-ira-to-charity/). You can add any of these in our [free builder](/build/). ## Frequently asked questions ### What is the great wealth transfer? It's the movement of wealth from older Americans, mostly baby boomers and the generation before them, to heirs and charities over the next two decades. Cerulli Associates estimates the total at $124 trillion through 2048. ### How much do Americans give through bequests each year? About $62 billion in 2025, according to Giving USA, roughly 10% of all charitable giving. ### What percentage of people leave money to charity in their will? About 5% of estates include a charitable gift. Among Americans over 55 who have a will or trust, about 11% name a charity. ### Is the great wealth transfer already happening? Yes. Bequests rose sharply in 2025, helped by large estates, and the oldest baby boomers turn 80 in 2026. How much reaches charity will depend on choices people make in their plans. ## Sources 1. [Cerulli Associates, "Cerulli Anticipates $124 Trillion in Wealth Will Transfer Through 2048"](https://www.cerulli.com/press-releases/cerulli-anticipates-124-trillion-in-wealth-will-transfer-through-2048) (December 2024) 2. [Giving USA, "Charitable giving rose to $617.20 billion in 2025"](https://givingusa.org/giving-usa-charitable-giving-rose-to-617-20-billion-in-2025-surpassing-the-600-billion-mark-for-the-first-time/) (June 2026) 3. [Giving USA, "Giving USA 2025: U.S. charitable giving grew to $592.50 billion in 2024"](https://givingusa.org/giving-usa-2025-u-s-charitable-giving-grew-to-592-50-billion-in-2024-lifted-by-stock-market-gains/) 4. [Giving USA, "U.S. charitable giving totaled $557.16 billion in 2023"](https://givingusa.org/giving-usa-u-s-charitable-giving-totaled-557-16-billion-in-2023/) 5. [PG Calc, "Has the Great Wealth Transfer Finally Begun?"](https://pgcalc.com/insight-training/pg-calc-featured-articles/has-the-great-wealth-transfer-finally-begun) 6. Russell James and Christopher Baker, ["The Timing of Final Charitable Bequest Decisions"](https://ernop.eu/wp-content/uploads/2015/06/Russell-James.pdf) 7. Russell James, ["The Ten Most Painful and Pleasant Statistical Realities in Bequest Fundraising"](https://www.pgcalc.com/sites/default/files/outline23i0sem.pdf) (2020) 8. [IRS, "SOI Tax Stats: Estate Tax Filing Year Tables"](https://www.irs.gov/statistics/soi-tax-stats-estate-tax-filing-year-tables) 9. [Behavioural Insights Team, "Applying behavioural insights to charitable giving"](https://www.bi.team/wp-content/uploads/2022/01/Charitable-Giving.pdf) (2013) 10. [Money Talks News, "The Great Wealth Transfer Is Underway"](https://www.moneytalksnews.com/the-great-wealth-transfer-is-underway-is-it-trillion-or-only-trillion/) 11. [TFN, "Are you a willanthropist? Remember A Charity Week kicks off"](https://tfn.scot/news/are-you-a-willanthropist-remember-a-charity-week-kicks-off) --- # Causes ## Global Health & Poverty Proven programs like malaria prevention and vitamin A supplements save a life for a few thousand dollars, among the most cost-effective giving ever measured. Malaria killed an estimated 610,000 people in 2024. Ninety-five percent of those deaths were in Africa, where about three in four were children under five. Bed nets and seasonal preventive medicine are cheap and proven. The independent evaluator GiveWell estimates that its four top charities save a life for roughly $3,500 to $5,500 in donations. Few uses of money anywhere can be measured that precisely. ## Cancer Research & Care Cancer is the second-leading cause of death in the U.S. Your gift can back bold research, early detection and prevention that are often underfunded. The American Cancer Society projects about 2.1 million new cancer diagnoses and more than 626,000 cancer deaths in the U.S. in 2026, roughly 1,700 deaths a day. Cancer is the country's second-leading cause of death, after heart disease. Some of the biggest gains come from unglamorous work: screening, HPV vaccination, helping people quit smoking, and research into cancers that receive little funding for the lives they take. ## Genetic & Rare Diseases More than 10,000 rare diseases affect over 30 million Americans, and fewer than 5% have an FDA-approved treatment. Patient-driven philanthropy has a remarkable track record here. About one in ten Americans lives with a rare disease, roughly half of them children. Most rare diseases are genetic, and fewer than 5% have an approved treatment, because drug companies often overlook conditions that affect few patients. Philanthropy can change that. The Cystic Fibrosis Foundation invested about $150 million in the research behind breakthrough CF drugs, then sold its royalty rights in 2014 for $3.3 billion to fund more of its mission. ## Education & Opportunity Rigorous studies show some education programs, like intensive tutoring and teaching children at their actual level, produce large learning gains per dollar. Not every education dollar is equal. A review of 96 randomized trials found that tutoring raised achievement by an average of 0.37 standard deviations, with the biggest gains when trained tutors work with students during the school day. Globally, education experts rate three approaches as "Great Buys": telling families what schooling is worth, structured lesson plans with ongoing teacher support, and teaching children at their actual level rather than their grade. ## Animal Welfare From shelter pets to the billions of animals raised on farms each year, a well-directed gift can prevent an enormous amount of suffering. About 10 billion land animals are slaughtered for food in the U.S. each year, nearly 9.7 billion of them chickens, and many live in conditions that cause serious suffering. Some programs reach enormous numbers of animals per dollar. A 2019 Rethink Priorities analysis estimated that corporate cage-free and broiler-welfare campaigns affected 9 to 120 years of chicken life per dollar spent. ## America's Future Nonpartisan work to strengthen civic life, local news, effective government and opportunity for the next generation of Americans. A healthy country depends on things no single generation builds alone: trusted information, capable institutions, active citizens and a fair shot for every child. Philanthropy can fund research, pilots and independent journalism that markets and government often won't. We keep this fund strictly nonpartisan. ## Climate & Environment Climate evaluators say gifts go furthest when they back neglected, high-leverage work: policy, overlooked sectors and under-funded technologies. Climate philanthropy is a small share of total giving, so well-targeted gifts can punch above their weight. Evaluators such as Giving Green and Founders Pledge favor work that changes systems and policy, sectors that funders neglect such as heavy industry, aviation and shipping, and under-funded technologies such as advanced geothermal. ## Mental Health & Addiction About one in five U.S. adults lives with a mental illness, and addiction touches millions of families. Effective treatment exists; too few people can get it. In 2025, about one in five U.S. adults (54.6 million people) had a mental illness, and 44.6 million Americans aged 12 and older had a substance use disorder. Effective treatments exist, from talk therapy to medication for opioid use disorder. The gap is access, which philanthropy can help close. ## Science & Pandemic Preparedness Economists estimated that COVID-19 would cost the U.S. more than $16 trillion. Early detection, faster vaccines and basic science are some of the highest-leverage gifts a legacy can make. In 2020, economists David Cutler and Lawrence Summers estimated that COVID-19 would cost the U.S. more than $16 trillion, about 90% of a year's GDP. Preparing for the next pandemic costs a tiny fraction of that. Preparedness and basic science are chronically underfunded between crises, which makes them a strong fit for patient, long-term money like a bequest. ## Veterans & Military Families Roughly 16 to 18 million veterans live in the U.S. Gifts can fund mental health care, housing, job training and support for caregivers and military families. Roughly 16 to 18 million veterans live in the U.S., depending on the count: 15.7 million in the Census Bureau's 2024 survey and 18.3 million in the VA's 2023 estimate. Many face lasting injuries, mental health challenges or a hard transition to civilian life. Government benefits cover a great deal, but not everything. Charities fill the gaps in housing, caregiving and employment. ## Your Hometown Give back to the place that shaped you through your local community foundation, food bank, library or hospital, or a fund that serves your town forever. Local gifts are personal: the library you grew up in, the hospital that cared for your family, the food bank that feeds your neighbors. More than 900 community foundations serve urban and rural communities in every U.S. state, and most can hold a named fund that supports your town for generations. ## Faith & Congregations Leave a gift to your congregation or a faith-based charity so its work continues for the next generation. For many families, a congregation is where life's milestones happen. A legacy gift helps it keep serving, from worship to food pantries. Religion remains the largest destination for U.S. charitable giving: about $152 billion in 2025, nearly a quarter of the $617 billion total. --- # Frequently asked questions **Is MyLastWill really free?** Yes. Writing your will, choosing your causes and printing your documents costs nothing, and you don't need an account. Charities can never pay us to be recommended. **How is MyLastWill funded?** We're being organized as a nonprofit and are funded by donors who share our mission. If MyLastWill's own funds ever charge an administrative fee, we'll publish it on this site first. **How long does it take?** Most people finish in 15 to 20 minutes. You can stop at any time: your answers are saved on your device, so you can pick up where you left off. **Do I need an account?** No. Your plan is saved in this browser on this device. To keep a permanent copy, print it or download it. **Can I change my plan later?** Yes. You can change your will at any time while you're living and of sound mind, but only by signing a new will or a codicil the same way you signed the original. Editing your plan on this site doesn't change a signed will. Review your plan every three to five years and after major life events such as a marriage, divorce, birth or move to another state. **Is a will made with MyLastWill legally valid?** A will is valid when it is signed the way your state requires, not because of where it was written. In most states that means signing in front of two adult witnesses who aren't beneficiaries. Your documents include a signing checklist. Because laws vary, we recommend an attorney review, especially for large or complex estates. **Do I need a lawyer?** Not always. Many people with simple situations sign a basic will without one. Talk with an estate attorney if you have a large estate, own a business, have a blended family, want to leave out a close relative, have a family member with special needs, or want to create a private foundation or trust. **Does my will need to be notarized?** In most states, no. But most states let you add a self-proving affidavit, signed in front of a notary, which makes probate easier because the court won't need to track down your witnesses. **I already have a will. Do I have to start over?** No. Choose "Add causes to the will I have" and we'll prepare a codicil, a short amendment you sign the same way as a will, plus gift wording you can share with your attorney. **Does MyLastWill give legal advice?** No. MyLastWill is not a law firm. Our tools prepare documents from your own answers and explain common options in plain English. For advice about your situation, talk with a licensed attorney in your state. **Do you store my will?** No. The builder runs in your browser and your answers are saved only on your device. We never see them unless you choose to send us a note about your gift. **Should I tell you about my gift?** It's optional, but it helps. Telling us about your plans lets us thank you, confirm the right legal names and details, and plan our research. A will can always be changed, so telling us is never a binding promise. **Will you ever call or pressure me?** We'll never pressure anyone to make or change a gift. We only call people who ask us to, and you can opt out at any time. We encourage you to talk your plans over with your family and an attorney. **What is a Cause Fund?** A Cause Fund is a gift dedicated to one cause, such as cancer research or animal welfare, rather than to one charity. Until MyLastWill's own funds open, your will directs your executor to give it to charities working on that cause, and asks them to use independent research to pick the most effective ones when your gift arrives. Your cause is locked in; the specific charities can change, so the gift isn't stuck with one that has closed. **What is a backstop bequest?** A backstop bequest names your causes as the last beneficiaries in line. The people you name inherit exactly as you planned. Only if none of them survive you does your estate go to your causes. Without one, state law would give it to your other relatives, such as parents, brothers and sisters or cousins, or to the state if there are none. With one, those relatives won't inherit unless you name them. **What happens if a charity I name no longer exists?** Our documents include a substitute-charity clause: your executor gives that gift to a similar charity whose work most closely matches the one you named. Without a clause like this, a gift to a charity that has closed can fail or end up in court. **Are gifts in my will tax-deductible?** Gifts to qualified charities in your will are deductible for federal estate tax purposes, with no upper limit. In 2026, federal estate tax applies only to estates over $15 million per person, so most families won't owe it either way. Charitable gifts can still reduce state estate or inheritance taxes where they apply. A gift in your will doesn't give you an income tax deduction while you're alive. **What is the most tax-efficient asset to leave to charity?** Often a traditional IRA or 401(k). Your heirs would pay income tax on what they withdraw from an inherited retirement account; a charity pays none. Many people leave retirement accounts to charity and other assets to family. **Can I give without changing my will?** Yes. You can name a charity as a beneficiary of an IRA, 401(k), life insurance policy or bank account using a form from the account provider. These designations pass outside your will. --- # Glossary **Backstop bequest**: A charitable gift in a will that applies only if none of the people named in the will survive. It sends the estate to chosen causes instead of to relatives the will doesn't name or, when there are none, to the state. **Beneficiary**: A person or organization that receives property under a will, trust, insurance policy or account designation. **Beneficiary designation**: A form filed with an account provider that names who receives an account, such as an IRA, 401(k) or life insurance policy, at your death. It overrides your will for that account. **Bequest**: A gift made through a will or trust. Also called a legacy gift. **Cause Fund**: A charitable gift dedicated to one cause area rather than one charity. The cause stays fixed, while the specific organizations are chosen when the gift arrives, guided by research. **Charitable remainder trust**: A trust that pays income to you or your loved ones for life or for up to 20 years, then gives what remains to charity. **Codicil**: A written amendment to a will. It must be signed with the same formalities as the will itself. **Contingent beneficiary**: A backup beneficiary who inherits only if the primary beneficiary does not survive you. **Cy-près**: A legal doctrine that lets a court redirect a charitable gift to the closest similar purpose when the original purpose becomes impossible or impractical. **Donor-advised fund**: A charitable giving account held by a sponsoring charity. The donor, and later the people the donor names as successors, recommend grants from it to other charities. **Escheat**: The transfer of property to the state when its owner dies without a will and no legal heirs can be found. **Estate**: Everything you own at death, including your home, bank and investment accounts, retirement accounts, life insurance and belongings, minus what you owe. Only part of it passes under a will: accounts with a named beneficiary, jointly owned property and trust assets pass outside it. **Estate tax**: A tax on transferring a large estate at death. In 2026 the federal estate tax applies only to estates worth more than $15 million per person; some states tax much smaller estates. **Executor**: The person you name in your will to carry out its instructions: paying debts, filing paperwork and distributing your property. Many states call this role a personal representative. **Guardian**: The person you name to raise your minor children if you die before they reach adulthood. **Holographic will**: A will written entirely or mostly in your own handwriting and signed by you. Only some states accept one without witnesses. **Inheritance tax**: A tax paid by people who inherit, often based on their relationship to the person who died. Only a few states have one, and spouses are generally exempt. **Intestate**: Dying without a valid will. State intestacy laws then decide who inherits, usually a spouse, children, parents or other relatives. **Letter of wishes**: A non-binding letter that explains the hopes behind your gifts, written for your executor, family or fund advisors. **Per stirpes**: Latin for "by the branch." If a beneficiary dies before you, that person's share passes to their own descendants. **Private foundation**: A charity, usually funded by one person or family, that makes grants. It must generally pay out at least 5% of its assets each year and file an annual return with the IRS. **Probate**: The court-supervised process of proving a will, paying debts and distributing an estate. **Qualified charitable distribution**: A direct transfer from an IRA to a charity by someone age 70½ or older. It counts toward required minimum distributions and isn't taxed as income. **Residuary estate**: Everything left in an estate after debts, expenses and specific gifts are paid. Charitable gifts are often written as a percentage of the residuary estate so they grow or shrink with it. **Self-proving affidavit**: A sworn statement signed by you and your witnesses in front of a notary. It lets a court accept your will without contacting the witnesses. **Specific bequest**: A gift of a particular item or dollar amount, such as $10,000 or a family heirloom. **Step-up in basis**: The reset of an inherited asset's tax basis to its value at the owner's death, which can erase capital gains tax for heirs. Traditional retirement accounts don't get a step-up. **Successor advisor**: The person who takes over recommending grants from a donor-advised fund after the original donor dies. **Testator**: The person who makes a will. **Transfer on death**: A designation on a bank, brokerage or, in many states, real estate account that passes the asset directly to a named beneficiary without probate. On bank accounts it is often called payable on death. **Trust**: A legal arrangement in which a trustee holds property for the benefit of others, following instructions you set. **Witness**: An adult who watches you sign your will and then signs it too. Most states require two, and they should not be beneficiaries.