Writing a will is one of the most important things you can do for your loved ones, yet more than half of American adults don't have one. Whether you're a new parent, a homeowner, or simply someone who wants to ensure their wishes are honored, learning how to write a will doesn't have to be complicated. This beginner-friendly guide walks you through everything you need to know — from understanding what a will actually does to making sure yours is legally valid.

What Is a Will?

A will — formally known as a "last will and testament" — is a legal document that spells out your wishes regarding the distribution of your assets and the care of any minor children after you pass away. It serves as your voice when you can no longer speak for yourself, giving clear instructions to your family, the courts, and anyone else involved in settling your affairs.

At its core, a will answers three fundamental questions:

  • Who gets what? Your will specifies which people or organizations receive your property, money, investments, and personal belongings.
  • Who takes care of your children? If you have minor children, your will names a guardian to raise them.
  • Who manages the process? Your will appoints an executor — the person responsible for carrying out your instructions and navigating the probate process.

Without a will, these decisions fall to state law through a process called intestacy. That means a judge — someone who has never met you or your family — decides who inherits your assets and, in some cases, who raises your children. For most people, that's reason enough to put a will in place.

Why You Need a Will

Many people put off writing a will because they assume it's only for the wealthy or the elderly. In reality, almost every adult benefits from having one. Here's why a will matters regardless of your age or net worth:

You Control the Distribution of Your Assets

Without a will, your state's intestacy laws dictate who inherits your property. These laws typically follow a rigid hierarchy — spouse, then children, then parents, then siblings — and they don't account for unmarried partners, close friends, stepchildren, or charitable causes you care about. A will lets you direct your assets exactly where you want them to go.

You Protect Your Children

For parents of minor children, naming a guardian in your will is arguably the single most important reason to create one. If both parents pass away without a will, the court appoints a guardian based on its own assessment. That person may not be who you would have chosen.

You Reduce Family Conflict

Grieving families sometimes disagree about how to divide property, who should receive sentimental items, or how to handle financial accounts. A clear, legally valid will minimizes ambiguity and can prevent painful disputes during an already difficult time.

You Simplify the Legal Process

When someone dies without a will, the probate process tends to be longer, more complicated, and more expensive. A well-drafted will streamlines the process and gives the court a clear roadmap to follow.

You Can Support Causes You Believe In

A will allows you to leave gifts to charities, religious organizations, educational institutions, or community groups. Without one, none of your assets will go to charitable causes unless your heirs choose to make those donations themselves.

Types of Wills

Not all wills are created equal. Understanding the different types can help you choose the right approach for your situation.

Simple Will

A simple will is the most common type and is appropriate for most people. It covers the basics: asset distribution, guardian designation for minor children, and executor appointment. If your financial situation is relatively straightforward — you don't own a business, have a modest estate, and have clear wishes — a simple will is likely all you need.

Testamentary Trust Will

This type of will creates one or more trusts that go into effect upon your death. It's useful if you want to leave assets to minor children, a beneficiary with special needs, or someone you'd prefer not to receive a large sum all at once. The trust is managed by a trustee you designate.

Joint Will

A joint will is a single document created by two people, typically spouses. It becomes irrevocable when one person dies, meaning the surviving spouse cannot change the terms. Because of this inflexibility, most estate planning attorneys advise against joint wills in favor of separate wills for each spouse.

Pour-Over Will

A pour-over will works in conjunction with a living trust. Any assets not already placed in the trust during your lifetime are "poured over" into it upon your death. This ensures everything is distributed according to the trust's terms.

Holographic Will

A holographic will is handwritten and typically unwitnessed. While some states recognize holographic wills, they're more vulnerable to legal challenges and are generally not recommended as your primary estate planning document.

Oral Will (Nuncupative Will)

An oral will is spoken rather than written. Very few states recognize oral wills, and even where they are accepted, they're usually limited to specific circumstances such as imminent death. An oral will should never be relied upon as a substitute for a written document.

What to Include in Your Will

Knowing how to write a will starts with understanding what belongs in one. While the specifics vary by state, every comprehensive will should include the following elements:

Personal Information

Begin with your full legal name, address, and a statement that this document is your last will and testament. If you have any prior wills, include a declaration that this new will revokes all previous versions.

Executor Designation

Name the person (or institution) who will serve as executor of your estate. This person is responsible for gathering your assets, paying debts and taxes, and distributing property according to your instructions. It's wise to name an alternate executor in case your first choice is unable or unwilling to serve.

Guardian Designation

If you have children under 18, name a guardian and an alternate guardian. Discuss this decision with the person you're choosing beforehand — being named guardian is a significant responsibility, and they should be prepared for the possibility.

Beneficiaries and Bequests

List the people and organizations who will receive your assets. Be as specific as possible. Rather than writing "my jewelry goes to my daughters," specify which pieces go to which daughter. Include full legal names to avoid confusion, especially if family members share similar names.

Asset Inventory

While your will doesn't need to catalog every item you own, it should address major categories of property:

  • Real estate (homes, land, rental properties)
  • Financial accounts (bank accounts, investment accounts, retirement funds)
  • Personal property (vehicles, jewelry, art, furniture, collectibles)
  • Business interests
  • Digital assets (online accounts, cryptocurrency, digital media libraries)

Residuary Clause

A residuary clause addresses any assets not specifically mentioned elsewhere in your will. It might say something like, "I leave the remainder of my estate to my spouse," ensuring nothing falls through the cracks.

Debts and Taxes

You can include instructions on how outstanding debts and estate taxes should be paid — for example, whether they should come from a specific account or from the general estate.

Funeral and Burial Wishes

While a will isn't always the most practical place for funeral instructions (since wills are sometimes not read until after the funeral), you can include general preferences. For more immediate guidance, consider pre-planning your funeral separately and sharing those details with your family in advance.

Signatures and Date

Your will must be signed and dated to be valid. Depending on your state, you may also need witnesses and/or notarization, which we'll cover in detail below.

Choosing an Executor

Your executor plays a critical role in carrying out your wishes. Choosing the right person requires careful thought. Here's what to consider:

Qualities of a Good Executor

  • Trustworthy and honest. Your executor will have access to your financial information and assets.
  • Organized and detail-oriented. Settling an estate involves paperwork, deadlines, and coordination with courts, banks, and beneficiaries.
  • Emotionally capable. The executor role can be stressful, especially when combined with grief.
  • Willing to serve. Always ask the person before naming them. Being an executor is a time-consuming responsibility.
  • Geographically practical. While not a strict requirement, choosing someone who lives in the same state can simplify logistics.

Who Can Serve as Executor?

Most states require executors to be legal adults who have not been convicted of a felony. Common choices include a spouse, adult child, sibling, trusted friend, or a professional such as an attorney or financial advisor. You can also name a corporate executor, such as a bank's trust department, though this typically comes with fees.

Naming an Alternate

Always designate a backup executor. Life is unpredictable, and your primary choice may predecease you, become incapacitated, or simply decline the role when the time comes.

How to Make Your Will Legally Valid

A will is only useful if it holds up in court. While the specific requirements vary by state, most jurisdictions require the following for a will to be legally valid:

  1. Legal age. You must be at least 18 years old (or the age of majority in your state) to create a will.
  2. Testamentary capacity. You must be of "sound mind," meaning you understand what a will is, what assets you own, and who your beneficiaries are.
  3. Voluntary intent. The will must be created of your own free will, without coercion, duress, or undue influence from another person.
  4. Written form. In nearly all states, wills must be in writing (typed or printed — handwritten wills are only accepted in some jurisdictions).
  5. Proper signing. You must sign the will yourself, or direct someone to sign on your behalf in your presence.
  6. Witnesses. Most states require two witnesses who watch you sign the will and then sign it themselves.

Failure to meet any of these requirements can result in your will being contested or declared invalid, which effectively puts you back in the same position as having no will at all.

Witnesses and Notarization

Witnesses serve as proof that you signed your will voluntarily and were of sound mind when you did so. Here are key guidelines:

Witness Requirements

  • Most states require two witnesses, though some require three.
  • Witnesses must be legal adults.
  • Witnesses should be "disinterested," meaning they are not beneficiaries of the will. If a beneficiary serves as a witness, the gift to that person may be voided in some states.
  • Witnesses must be physically present when you sign the will (some states have expanded this to include virtual witnessing since 2020, but in-person witnessing remains the safest approach).
  • Each witness signs the will and typically provides their printed name and address.

Self-Proving Affidavit

Many states allow you to attach a "self-proving affidavit" to your will. This is a notarized statement signed by you and your witnesses that confirms the will was properly executed. A self-proving affidavit can speed up the probate process because the court doesn't need to track down your witnesses to verify the will's authenticity.

Notarization

While most states don't require a will to be notarized, adding notarization (especially through a self-proving affidavit) adds an extra layer of legal protection. Louisiana is the notable exception — it requires notarization for all wills.

DIY Will vs. Hiring a Lawyer

One of the most common questions people ask when learning how to write a will is whether they need a lawyer. The answer depends on the complexity of your situation.

When a DIY Will May Be Sufficient

Writing a will without a lawyer can work well if:

  • Your estate is relatively simple (bank accounts, a home, personal belongings).
  • You have a clear idea of how you want to distribute your assets.
  • You don't own property in multiple states.
  • You don't have a blended family with complex inheritance considerations.
  • You don't own a business.
  • Your estate is below the federal estate tax threshold.

Several reputable online services offer will templates and guided platforms that walk you through the process step by step. These tools typically cost between $20 and $200 and produce a legally valid will if completed and executed correctly.

When You Should Hire a Lawyer

Consider working with an estate planning attorney if:

  • You have a large or complex estate.
  • You own property in multiple states.
  • You have a blended family (stepchildren, ex-spouses, multiple marriages).
  • You want to set up trusts for minor children or beneficiaries with special needs.
  • You own a business and need succession planning.
  • You anticipate your will may be contested.
  • You have significant debts or complicated financial obligations.

An estate planning attorney typically charges between $300 and $1,500 for a basic will, depending on your location and the complexity of your estate. While that may seem expensive, it's a modest investment compared to the cost of legal disputes if your will is poorly drafted.

A Middle-Ground Approach

Some people draft their will using an online tool and then have an attorney review it. This hybrid approach can save money while still providing professional oversight. It's especially useful for people whose estates are mostly simple but include one or two complicating factors.

Common Mistakes to Avoid

Even well-intentioned wills can create problems if they contain errors or omissions. Here are the most common mistakes to watch for:

1. Not Having a Will at All

The biggest mistake is procrastination. Many people intend to write a will "someday" but never get around to it. An imperfect will is almost always better than no will at all.

2. Not Updating Your Will After Major Life Events

A will written ten years ago may no longer reflect your current wishes, relationships, or financial situation. Marriage, divorce, the birth of a child, a death in the family, or a significant change in assets should all trigger a review.

3. Being Vague About Beneficiaries or Assets

Ambiguous language creates room for interpretation — and disputes. Instead of "I leave my car to my son," write "I leave my 2022 Honda Accord, VIN #XXXXX, to my son, James Michael Smith." Specificity prevents confusion.

4. Forgetting About Digital Assets

In today's world, digital assets can hold both financial and sentimental value. Social media accounts, email, cloud storage, cryptocurrency, and online financial accounts should all be addressed. Our guide to digital estate planning covers this topic in depth.

5. Naming Only One Executor with No Backup

If your sole executor can't serve and you haven't named an alternate, the court will appoint someone — and it may not be the person you would have chosen.

6. Not Signing or Witnessing Properly

A will that isn't properly signed and witnessed according to your state's laws can be declared invalid. Always follow the execution requirements precisely.

7. Trying to Leave Assets That Pass Outside the Will

Some assets transfer directly to a named beneficiary regardless of what your will says. These include life insurance policies, retirement accounts (401(k), IRA), payable-on-death bank accounts, and property held in joint tenancy. Make sure your beneficiary designations on these accounts are current and consistent with your overall estate plan.

8. Disinheriting Someone Without Proper Documentation

If you intentionally want to exclude someone who might otherwise expect to inherit (such as a child), state this clearly in your will. Simply omitting someone can lead to legal challenges. Some states have laws that protect spouses and children from being entirely disinherited.

When to Update Your Will

Creating a will isn't a one-and-done task. Your will should be a living document that evolves with your life. Plan to review it every three to five years and after any of the following events:

  • Marriage or divorce. Many states automatically revoke provisions for an ex-spouse, but it's best to update your will explicitly.
  • Birth or adoption of a child. Make sure every child is accounted for and that guardianship provisions are current.
  • Death of a beneficiary or executor. If someone named in your will passes away, update the document to name a replacement.
  • Significant change in assets. Buying or selling a home, receiving an inheritance, or starting a business may all warrant updates.
  • Moving to a new state. Different states have different laws regarding wills, witnesses, and estate administration. Have your will reviewed by an attorney in your new state to ensure compliance.
  • Changes in relationships. If your feelings about a beneficiary or executor change, your will should reflect that.
  • Changes in tax law. Federal and state estate tax laws evolve over time and may affect your planning.

To make changes, you can either create an entirely new will (which revokes the old one) or add a codicil — a legal amendment to an existing will. For significant changes, a new will is usually cleaner and less likely to create confusion.

Wills and Broader End-of-Life Planning

A will is a critical piece of your end-of-life plan, but it's not the only piece. A truly comprehensive plan also includes:

  • Advance directives. These documents outline your healthcare preferences if you become incapacitated. An advance directive (sometimes called a living will) ensures your medical wishes are honored even when you can't communicate them. It's important to understand that a living will and a last will and testament are two entirely different documents.
  • Power of attorney. A durable power of attorney designates someone to make financial and legal decisions on your behalf if you're unable to do so. A healthcare power of attorney does the same for medical decisions.
  • Funeral and burial pre-planning. Documenting your funeral preferences in advance relieves your family of difficult decisions during an emotional time and can also lock in costs.
  • Beneficiary designations. Review the beneficiary designations on your life insurance, retirement accounts, and payable-on-death accounts to make sure they align with your will.
  • Digital estate plan. Create a plan for your digital assets and provide a trusted person with access information.
  • Family conversations. Perhaps most importantly, talk to your loved ones about your wishes. A will that surprises your family can still cause conflict, even if it's legally airtight.

Bringing all these elements together can feel overwhelming, which is exactly why having a structured checklist helps. Farewelling's End-of-Life Planning Checklist, part of our Planning Toolkit, walks you through every step — from drafting your will to organizing your digital accounts to documenting your funeral wishes — so nothing gets overlooked. It's designed to make the entire process manageable, even if you're starting from scratch.

Frequently Asked Questions

Can I write my own will without a lawyer?

Yes. Many people successfully write their own will using online templates and guided platforms. As long as you follow your state's legal requirements for signing and witnessing, a DIY will is legally valid. However, if your estate is complex — you own a business, have a blended family, or own property in multiple states — consulting an attorney is a smart investment.

How much does it cost to write a will?

Costs range widely. Online will-making services typically charge between $20 and $200. Hiring an estate planning attorney for a simple will usually costs between $300 and $1,500, depending on your location and the complexity of your estate. Some legal aid organizations offer free will preparation for qualifying individuals.

What happens if I die without a will?

If you die without a will (known as dying "intestate"), your state's intestacy laws determine how your assets are distributed. Typically, assets go to your closest living relatives in a predetermined order — spouse, children, parents, siblings. Unmarried partners, friends, and charities receive nothing. The court also appoints a guardian for minor children and an administrator for your estate.

Is a handwritten will legal?

Handwritten (holographic) wills are recognized in about half of U.S. states. However, they are more susceptible to legal challenges and may not meet all formal requirements. A typed, properly witnessed will is always the safer choice.

What is the difference between a will and a trust?

A will takes effect after you die and goes through probate — a court-supervised process for validating and executing the document. A trust can take effect during your lifetime (a living trust) and typically avoids probate, offering more privacy and potentially faster asset distribution. Many people use both a will and a trust as part of a comprehensive estate plan.

Do I need to notarize my will?

In most states, notarization is not required for a will to be valid. However, attaching a notarized self-proving affidavit can simplify the probate process by eliminating the need for witnesses to testify in court. Louisiana requires notarization for all wills.

Can I disinherit my spouse or children?

This depends on your state. Many states have "elective share" laws that guarantee a surviving spouse a minimum portion of the estate, regardless of what the will says. Disinheriting children is generally allowed in most states (Louisiana being a notable exception), but it should be stated explicitly in the will to prevent legal challenges.

How do I store my will safely?

Store the original signed will in a secure, accessible location such as a fireproof safe at home, a safe deposit box (if your state allows executors to access it), or with your attorney. Tell your executor where the will is located. You may also want to keep a digital copy for reference, but the original signed document is what the court will require.

How often should I update my will?

Review your will every three to five years and after any major life event — marriage, divorce, birth of a child, death of a beneficiary, significant financial changes, or a move to a new state. Keeping your will current ensures it accurately reflects your wishes and circumstances.

What is the difference between a living will and a last will and testament?

A last will and testament dictates how your assets are distributed after your death. A living will (a type of advance directive) outlines your preferences for medical treatment if you become incapacitated and cannot communicate your wishes. They serve entirely different purposes, and most comprehensive end-of-life plans include both.

Taking the time to learn how to write a will is one of the most meaningful gifts you can give your family. It transforms uncertainty into clarity and ensures your wishes — not a court's assumptions — guide the decisions that matter most. You don't need to be wealthy, elderly, or a legal expert to get started. You just need to take the first step.

Ready to organize your complete end-of-life plan? Farewelling's Planning Toolkit includes a comprehensive End-of-Life Planning Checklist that guides you through wills, advance directives, funeral pre-planning, digital estate organization, and more — all in one place. Get your checklist today and gain the peace of mind that comes from knowing everything is taken care of.