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How To Make a Will in Five Easy Steps

Written by: Catherine Hodder, Esq. , Senior Legal Writer
Reviewed by: Jordan Walker, J.D. , Legal Writer
Last updated October 23, 2024

Putting your wishes into a last will and testament may seem complicated, but it is pretty simple. A will is your expression of how you want your estate handled after you are gone. In this article, you’ll learn how to identify your property and decide who gets what, pick someone to handle your affairs, choose a guardian for any minor children, write your will, and make it valid. By following these simple steps, you can make sure your wishes are honored and provide for and protect your loved ones.

Table of Contents

1. Identify Your Property and Your Beneficiaries

Certain assets and property transfer outside of your will through transfer on death or beneficiary designations such as:

  • Bank accounts
  • Life insurance policies
  • Retirement accounts and pensions
  • Financial investments like stocks, bonds, certificates of deposit (CDs)

For example, if you have a bank account with your local bank, you should have a transfer on death designation. If you die, the account goes to your named beneficiary. If you do not name anyone, the account goes into your probate estate.

What Property Can I Give In a Will?

You can give any property you own. Other properties that do not have transfer-on-death designations can be given in your will. For example:

  • Cash or precious metals
  • Jewelry, artwork, antiques
  • Household items, furniture
  • Cars, boats, and RVs owned by you
  • Real estate owned by you
  • Pets

In your will, you can identify what property should go to each beneficiary. But you don’t have to itemize every item you own. There is a residuary clause in a will for all other property not specifically bequeathed to be shared among the beneficiaries you name. So, if you acquire new property that does not go to a particular person in your will, it goes into the residue.

Who Are My Beneficiaries?

Beneficiaries are the people you name in your will. Your beneficiaries can be family, friends, and charitable organizations. You may wish to specifically disinherit a family member or give different amounts to your children.

What About My Pets?

Pets are considered property, so to provide for them, you would name a caregiver to receive your pets. You may also give the caregiver money from your estate to care for your pets.

2. Name a Personal Representative or Executor

A personal representative or executor is the person who handles your estate and probate. They notify creditors of your death, file documents with the probate court, and make distributions to your beneficiaries. You can instruct your personal representative to manage money for beneficiaries who can’t handle it due to age or ability.

Who Should I Choose as My Personal Representative?

Your personal representative should be someone you trust, such as a family member or friend, because they know you and your family well. However, if you don’t have a suitable person, an attorney, bank, or financial institution can serve as your personal representative.

Do I Have To Pay a Personal Representative?

Generally, a personal representative is a family member or friend and doesn’t ask for payment. However, you may want to agree to give them reasonable compensation for their time and trouble in handling your estate.

3. Name a Guardian for Minor Children

If you die, the surviving parent has custody of your children unless there is a reason they can’t care for them. If you are the last surviving parent or if you die with your spouse, you must name a guardian to care for your children while they are under the age of 18.

How Do I Choose a Guardian for My Children?

It is a hard decision, but you are the best person to choose who should care for your minor children if you and their other parent is not around. You don’t want a probate court that does not understand your family dynamics to make this choice. You should evaluate your potential guardian’s situation and mental and physical health. Also, make sure to discuss your decision with the potential guardian so there are no surprises! You want to ensure they are up for the task of caring for your children.

What if the Guardian Isn’t Good With Money?

Generally, when you name a guardian, you also put them in charge of your children’s money to be spent on their health, support, maintenance, and education. Suppose your guardian is an excellent caregiver but not good with money. In that case, you can name your personal representative or another person as a trustee to manage the money and give the guardian funds as necessary.

4. Draft Your Will

A last will and testament does not have to be a fancy document, but it must comply with the laws of your state. You must have testamentary capacity, which means you are an adult, mentally competent (sound mind), and free from undue influence or coercion. You must also know what property you own, your natural beneficiaries (meaning your family who has a claim to your estate), and understand how a will disposes of your property.

If you have a simple will, you can create one yourself using online will resources like FindLaw’s do-it-yourself forms. If you have questions or need legal advice, you can find an estate planning attorney with FindLaw’s lawyer directory.

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5. Execute Your Will

Because your will is a legal document, it is critical to sign your will according to your state laws to make a valid will. You can find your state’s legal requirements in FindLaw’s State-By-State Making a Will FAQs. You may need two witnesses and/or a notary public to attest to your will.

Who Can Witness My Will?

Most states require two competent witnesses to your will. State laws vary, but it is best to have two disinterested witnesses, meaning that they are not related to you by blood or marriage and are not inheriting from you.

What Is a Self-Proving Affidavit?

When you die, a probate court must authenticate your will, meaning they accept it as a valid statement of your wishes. A self-proving affidavit is a sworn statement attached to the will in which you and your witnesses swear in front of a notary public that you and they signed the will voluntarily. This affidavit takes the place of witness testimony in probate court, so it streamlines the probate process.

What To Do After Making Your Will

Store Your Will in a Safe Place

Keep your original executed will in a secure place, like a home safe or waterproof and fireproof box. Don’t use a bank safe deposit box, as your family members may not be able to access it.

Communicate With Others

You should provide a copy to your personal representative with instructions on where to find your original will. You may also consider discussing the provisions in your will with your loved ones so there are no surprises. For example, you might leave your daughter more money than your son because you lived with her. Letting loved ones know what to expect can help avoid will disputes in the future.

Update Your Will if Necessary

When you create your will, you make decisions for your loved ones at the time. But what if life changes, for example, you remarry? You can make changes to your will at any time to reflect new circumstances.

Consider Other Estate Planning Documents

Once you have completed your will, you should think about other estate planning documents that help you and your family while you are living but unable to handle your financial affairs or medical decisions. A power of attorney document allows you to name someone you trust to manage your finances, pay your bills and make decisions for you when you are unable to due to an incapacity. A health care directive and living will document lets you name a health care agent to make decisions for your medical care and follow your wishes for medical treatments and end-of-life care.

Creating a will is straightforward but crucial to expressing your wishes and protecting your loved ones. By following the steps in this article—identifying your property and beneficiaries, naming a personal representative, choosing a guardian for minor children, drafting your will, and making it valid—you can give yourself and your family peace of mind.

Still not sure what estate planning forms you need?


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