{"id":287101,"date":"2016-04-04T10:45:50","date_gmt":"2016-04-04T15:45:50","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/estate\/wills\/making-a-will-faqs.html"},"modified":"2021-03-03T15:01:42","modified_gmt":"2021-03-03T20:01:42","slug":"making-a-will-faqs","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/estate\/wills\/making-a-will-faqs.html","title":{"rendered":"Making a Will FAQ"},"content":{"rendered":"\n
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Making a Will FAQ<\/h1>\n
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\n By Oni Harton, J.D.<\/a> | Legally reviewed by Aisha Success, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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A will is a legally binding document that identifies who should inherit a person’s property after they die. Recipients often include a spouse, children, grandchildren or a charitable organization. Many wills also contain a provision that names a guardian to care for minor children and dependents with special needs.<\/p>\n\n <\/div>\n\n

What happens if I die without a will?
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A state’s intestate succession laws<\/a> govern inheritance rights if a person dies without a will<\/a> or another estate planning tool to distribute assets. Typically, a spouse (or in some states a domestic partner) and children are first in line to inherit a decedent’s property.<\/p>\r\n

If the deceased has no spouse or children, close relatives like parents, siblings, and grandparents will inherit the property. The state receives the property if the decedent has no relatives that qualify under a state’s intestate succession laws.<\/p>\r\n

If a parent of minor children dies without a will and the other parent cannot provide care, the state determines who will become the guardian of the children and the property they inherit. The estate planning process allows you to name a guardian for minor children for the court to consider. You do not have to rely on the probate process to determine a guardian for your minor child.<\/p>\r\n

Do I need a lawyer to create a valid will?<\/h2>\r\n

No. State laws do not require the assistance of a lawyer when preparing a will. Most wills only require instructions for the distribution of property and the naming of a guardian for minor children. Some people can create simple estate planning documents<\/a> using software, ready-made forms, or instructions from a book. You can create a simple will without an experienced estate planning lawyer.<\/p>\r\n

Can I make a handwritten will?<\/h2>\r\n

It depends on whether a state’s law recognizes a handwritten will. In about half of the states, a person may create a handwritten will, also called a "holographic" will. Unlike typed and computer-printed wills, witnesses are unnecessary for holographic wills.<\/p>\r\n

Some states require that the testator handwrite the entire holographic will, including the provisions, the date, and the signature. Other states are more lenient. The testator may use a fill-in-the-blank document containing handwritten portions, a signature, and a date.<\/p>\r\n

Handwritten wills, however, may create complications. Many probate courts are hesitant to recognize the validity of these wills since they are difficult to verify. The better option is to execute a will from a DIY option that complies with your state law<\/a>. Or, you can always have peace of mind when you get help from an estate attorney<\/a> who can provide legal advice according to your needs.<\/p>\r\n

How do I make a valid will?<\/h2>\r\n

When preparing a will<\/a>, most states require the following elements:<\/p>\r\n