Is a Simple Will Enough for a Farm Succession Plan?

Short answer: No.

A simple will cannot protect a working farm. It may be fine for a young couple with minimal assets, but for farm families, it’s a dangerous shortcut that often leads to probate, family disputes, unnecessary taxes, and future expenses that far outweigh the immediate cheap option.

Why a Simple Will Fails for Farmers

A simple will does not:

• Keep your estate out of probate court
• Prevent family fights between farming and non-farming heirs
• Protect against state and federal estate taxes
• Offer better control over what happens to the farm long-term

For farmers, these are deal-breakers.

Real Example: The Four-Page Will That Failed

One Minnesota farmer left behind a four-page will. His intention was simple: give the farm to her chosen beneficiary, and leave other assets to non-farming children.

Here’s what happened:

• The will went through probate for over a year.
• The non-farming heir immediately contested the will.
• The farmer’s capacity was challenged (even though the will was written 15 years earlier and no one had ever questioned capacity during that long time span).
• The farmer’s wishes were ignored.
• Legal costs hit the estate, and the farm did not go where intended.

The farmer’s wishes weren’t honored. The “cheap” will ended up being the most expensive mistake of her estate plan.

What Works Instead: Real Farm Succession Planning

Farm families need more than a simple will. The right tools include:

• Trusts – to avoid probate and keep control of how the farm is passed down.
• LLCs or corporations – to separate land from operating assets and protect liability.
• Buy-sell agreements or rental agreements – to ensure farming heirs can continue while non-farming heirs are fairly compensated.
• Tax strategies – to minimize or eliminate estate tax exposure.

These structures create a rock-solid plan that preserves the farm for the next generation.

Frequently Asked Questions

Q: Is a simple will ever enough?
A: For some families, it can be a good estate planning tool when combined with a power of attorney, health care directive, and transfer on death deeds. But this is only for very simple estates. For farm families, it’s not sufficient. Farmers do not have simple estates and almost never have simple estate plans.

Q: Why do lawyers recommend simple wills?
A: They are inexpensive and quick to draft, and they can be a good planning tool for the right situation. But you wouldn’t use a lawn mower to cut 80 acres of hay. Simple wills ignore the complexity of farms, land, and business assets. Use the right tool.

Q: How do I keep non-farming heirs from splitting up the farm?
A: Use trusts, LLCs, and buy-sell agreements to give structure and fairness, while ensuring the farm continues operating. Be clear and intentional in passing the farm to your farming heir.

Q: How do I start farm succession planning?
A: Meet with an attorney who specializes in farm estate planning—not just general wills. If your farm attorney is recommending simple wills for your farm estate plan, it is time to walk away.

Take Action

Generations before you worked to keep the farm intact. A simple will risks undoing that legacy.

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