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Do you want to talk to a lawyer about your estate planning needs?

You may have a unique situation or have specific questions about what is right for you and your family. In these cases, it may be best to talk to an attorney.
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  • Caring for children with special needs
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  • …and any other concerns you have!
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Do you have children from a previous relationship or a child with special needs?

There are special considerations to make if you have a blended family or a child with special needs. In these cases, it may be best to talk to an attorney.
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Our directory of experienced, local attorneys can help you with circumstances such as:
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  • Caring for children with special needs
  • Establishing and maintaining trusts
  • …and any other concerns you have!
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Do you have a large estate or an interest in more advanced estate planning tools like trusts?

If your estate equals or exceeds a value of $1 million, or needs special estate planning tools like trusts, it may be best to talk with an attorney.
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Your answers suggest you might benefit from:

Speaking with
a FindLaw Attorney

Our directory of experienced, local attorneys can help you with circumstances such as:
What’s included:
  • Being part of a blended family
  • Caring for children with special needs
  • Establishing and maintaining trusts
  • …and any other concerns you have!
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Are you looking to have your estate planning basics covered?

Our Estate Planning Package includes a Last Will & Testament, Health Care Directive & Living Will, and Financial Power of Attorney to cover all of your basic estate planning needs.
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Do you have a spouse with similar needs?

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Do you have minor children?

If you have minor children, you will want to name a guardian for them.
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Do you have pets?

If you have a pet or pets, you will want to name someone to care for them.
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Do you want to leave gifts to people or a charity?

If you want to give items or money to people or charities, you will want to make what are known as “specific gifts.”
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Do you own a business?

If you own a business or a share of a business, you will want to plan for succession of ownership.
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Do you want to decide how your property is distributed when you pass away?

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Do you want someone to handle your health care decisions if you are unable?

In case you are incapacitated, you will want to list your health care preferences and name someone to handle your health care decisions.
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Do you want to specify someone who can make financial decisions for you if you are unavailable or incapacitated?

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Do you have a spouse with similar needs?

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Do you have a spouse with similar needs?

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Do you want to specify someone who can make financial decisions for you if you are unavailable or incapacitated?

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Do you have a spouse with similar needs?

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Do you have a spouse with similar needs?

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Do you want someone to handle your health care decisions if you are unable?

In case you are incapacitated, you will want to list your health care preferences and name someone to handle your health care decisions.
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Understood! Last question…

Do you want to specify someone who can make financial decisions for you if you are unavailable or incapacitated?

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Do you have a spouse with similar needs?

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Good to know! How about this next one?

Do you have a spouse with similar needs?

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Understood! Last question…

Do you want to specify someone who can make financial decisions for you if you are unavailable or incapacitated?

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Good to know! How about this next one?

Do you have a spouse with similar needs?

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Thank you for taking our quiz!
Your answers suggest you might benefit from:

Speaking with
a FindLaw Attorney

Our directory of experienced, local attorneys can help you with circumstances such as:
What’s included:
  • Being part of a blended family
  • Caring for children with special needs
  • Establishing and maintaining trusts
  • …and any other concerns you have!
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All done! Based on your answers, we recommend:

Estate Planning Package

For One person

$135
What’s included:
  • Last will and testament
  • Living will
  • Power of attorney
  • Free HIPAA release form
  • A comprehensive plan — for less
  • Free changes and revisions for up to one year after purchase
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Power of Attorney

For one person

$39
What’s included:
  • Step-by-step guided process
  • A power of attorney that’s tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free changes and revisions to your will for up to one full year after purchase
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Living Will

For One Person

$39
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
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Last Will and Testament

For One Person

$79
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
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Estate Planning Package

For two people

$255
What’s included:
  • Two wills, living wills, and powers of attorney
  • Two free HIPAA release forms
  • You and your loved one create your own estate plans tailored to your individual needs
  • Attorney-approved documents customized to your state’s laws
  • Free changes and revisions for up to one year after purchase
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Power of Attorney

For two people

$78
What’s included:
  • Step-by-step guided process
  • A power of attorney that’s tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free changes and revisions to your will for up to one full year after purchase
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Living Will

For Two People

$78
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
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Last Will and Testament

For Two People

$149
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
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Living Will + Power of Attorney

For one person

$78
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
  • A power of attorney that’s tailored to your needs
  • Free changes and revisions to your will for up to one full year after purchase
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Last Will and Testament + Power of Attorney

For one person

$118
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A power of attorney that’s tailored to your needs
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Last Will and Testament + Living Will

For One Person

$118
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A living will tailored to your needs
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
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Living Will + Power of Attorney

For two people

$156
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
  • A power of attorney that’s tailored to your needs
  • Free changes and revisions to your will for up to one full year after purchase
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Last Will and Testament + Power of Attorney

For two people

$227
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A power of attorney that’s tailored to your needs
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All done! Based on your answers, we recommend:

Last Will and Testament + Living Will

For Two People

$227
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A living will tailored to your needs
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase

Making a Will

Your will, sometimes referred to as your “last will and testament,” is the cornerstone of your estate plan. This legal document expresses your final wishes regarding distributing your assets and satisfying your responsibilities after you die.

Table of Contents

The person who makes a will is legally known as a “testator.” The testator gives instructions on distributing their property to the family members and loved ones they choose after they pass away. They may also name guardians to care for their minor children and other dependents. And they name a personal representative or executor to manage their estate and follow their will’s instructions.

This article provides answers to common questions regarding how to make a will.

Choosing a Personal Representative

One of the most important people addressed in a will is the executor (also called the personal representative, depending on where you live). Once the testator dies and the will becomes active, the executor carries out the testator’s instructions. They are also responsible for the overall management of the estate’s affairs, including paying the estate’s debts and taxes and notifying banks, credit card companies, and government agencies of the testator’s death.

Your executor has a position of great trust and responsibility, so choose the executor of your will carefully to ensure their dependability and competence. Your personal representative should also ideally be someone your family members and beneficiaries can work with to avoid unnecessary conflict.

Note that custody of the original will is very important in settling legal issues and disputes. In particular, the executor or personal representative must have access to the document. Store your original will in a safe place, such as a fireproof safe, and notify your executor.

Distributing Assets and Other Property

When you pass away, your will goes to probate court. Probate is the legal process of administrating your will after your death, including proving its validity and distributing your assets. Your named executor or personal representative distributes your assets, including any bank accounts, retirement accounts and IRAs, real estate, personal property, and investments. They also settle your debts, such as mortgages and credit cards. If you do not have a will or beneficiary designations on your accounts, the court will distribute these assets according to your state’s intestate succession laws. “Intestate” is the legal term used when someone dies without a will.

As you plan your will, remember that you may have probate and non-probate assets. Probate assets are typically held in your name only and distributed according to your will’s terms. Non-probate assets are assets held as joint tenants with the right of survivorship, are payable on death, or have a beneficiary designation. For example, money in a joint account does not go through the probate process. Similarly, life insurance benefits are not included in a will, as these payments automatically go to the insurance policy’s named beneficiary.

Once you’ve drafted a will, it is also essential that you update it as needed. For example, life changes such as marriage, divorce, or the birth of a child may require you to add or remove beneficiaries or make other revisions to your will.

Naming a Guardian for Minor Children

A significant benefit of creating a will is the ability to name a legal guardian to care for your minor children and other dependents if there is not another parent or guardian when you die. Naming a trusted family member or loved one as the guardian for your children gives you the peace of mind of knowing that they will care for your children if something happens to you.

Providing for Pets

Remember your pets when estate planning. In your will, you can name someone to care for your pets when you pass. Additionally, you can leave money and instructions for the pet’s care.

What Makes a Valid Will?

Generally, the state requirements for a “valid” will try to prevent fraud or coercion. In other words, they are intended to ensure that the formal legal document is a true reflection of your own will, hence the name.

Most states require two common safeguards.

  • First, you must be of “sound mind” when you create and sign your will. The law considers a person of “sound mind” if they have the mental capacity to understand that they are writing a will and can make decisions about how they want their assets distributed after their death.
  • Second, at least two people must serve as witnesses when you sign your will.

Additional requirements vary depending on your state’s laws, so be sure to research your state’s procedures and requirements for finalizing a valid will. For example, a few states require you to sign each page of your will.

If your will violates a law, the court may disregard that part of your will. For example, you cannot disinherit a minor child. If you have a clause to that effect, the court ignores that provision, and the minor child receives an intestate share. In some cases, a grave error, such as not having the property witnesses, may invalidate the entire document.

Need Help Drafting Your Will?

Most people agree that a last will and testament is an important document for everyone to have in their estate plan. However, they are surprised to learn that they can create a simple will and many other estate planning documents, such as a power of attorney or living will online.

If your estate is relatively simple, you can bypass a time-consuming visit to a lawyer and draft an online will using FindLaw’s customizable DIY templates. Get started today by using our do-it-yourself last will and testament form.

Estate planning solutions to fit your needs.

Written by:

A. Hollyn Scott, Esq.

Contributing Author

Reviewed by:

Catherine Hodder, Esq.

Senior Legal Writer