A will, also called a “last will and testament,” is the most commonly used estate planning tool. A will is a legally binding document that states how you want your assets distributed once you have passed away. Make sure your will includes provisions for your land. In order to be effective at passing your land by way of your will, you need to ensure that the way you own your land permits you to pass it by way of your will—and that your will is written in a way that ensures it will achieve your desired goals. Learn more about using a will to effectively pass your land on.

Wills are simple, inexpensive ways to address many people’s estate planning needs, but they can’t do it all. For example, a will won’t help you minimize taxes or avoid probate. Probate is the winding down of your affairs under the supervision of the court. Since probate makes all your assets public information, some people want to avoid it. However, for families that are dealing with conflict or miscommunication, it can be a beneficial process to have the court involved.

Following are some considerations for the development of a will that effectively distributes your land assets to meet your goals. These suggestions are not meant to replace the advice of an estate planning professional but to help guide your conversations with one.

Description of current owners

If you own only a partial interest in the land, or if you want to make a provision for how the land will pass when you die after owning it as the survivor of joint owners, it is helpful to state your ownership interest in your will. 

Beneficiaries

Your will should include the names of the individual(s) (spouse, children, siblings) or organizations (land trust, state conservation agency, local town) you would like to receive your land. 

If you do not have heirs and are interested in giving your land to a land trust, state conservation agency, or local town, it is highly recommended that you meet with the organization and discuss your intentions. Though you might think that any organization would jump at the chance to own your land, be sure to have in-depth conversations with your chosen recipient, as some organizations have financial requirements for accepting land or would rather sell your land and put the proceeds toward their mission. Donating your land would qualify as a charitable gift and may provide your estate a tax break. Contact a tax attorney or a certified public accountant with experience in land conservation to learn about the tax implications of a charitable gift of your land.