A will lets you decide who inherits your property and who cares for your children. It must follow your state's signing rules to be valid.
What to include
- Your full name and a statement that it is your will.
- An executor and a backup.
- Guardians for minor children, with a backup.
- Specific gifts and who receives the rest, called the residuary estate.
- Alternate beneficiaries.
- Instructions about digital assets and pets if desired.
Signing requirements
Most states require the will to be in writing, signed by you and signed by two witnesses who watch you sign. Some states allow handwritten wills with fewer formalities, and many allow a self-proving affidavit, signed before a notary, that speeds up probate.
Steps
- Make a list of assets and debts.
- Choose beneficiaries, executor and guardians.
- Use a state-specific form or a lawyer.
- Sign with witnesses as your state requires.
- Store it safely and tell your executor where it is.
- Review it after major life events.
Common mistakes
- Naming no backup beneficiaries.
- Forgetting assets that pass by beneficiary designation.
- Using witnesses who are also beneficiaries.
- Changing a will by crossing out text instead of making a proper amendment.
Frequently asked questions
Do I need a lawyer?
Not for simple estates, but legal advice helps for blended families or large estates.
Does a will avoid probate?
No. Assets in a will generally go through probate.