A will is a written document that says who gets your property when you die, who manages the process, and, if you have minor children, who you want to raise them. If you die without one, your state's default rules, called intestacy laws, decide who inherits. Those rules may not match what you would have chosen, especially for unmarried partners, stepchildren, friends, or charities.
This guide is for adults with a fairly ordinary situation: a home or savings, perhaps a spouse or children, and no desire to spend thousands of dollars on planning. You will learn what goes into a simple will, how signing and witnessing rules work, which assets a will does not control, and which situations call for a lawyer rather than a template.
What a will can and cannot do
A will lets you decide who receives the property that passes through your estate. The American Bar Association (ABA) notes that it can also name an executor, the person who carries out your instructions and is formally called a personal representative in some states. For parents, a will can nominate a guardian for minor children, which can reduce court involvement if the other parent has died.
A will can also benefit people the default rules would skip, such as stepchildren, godchildren, friends, and charities. Most states limit total disinheritance of a spouse, so a spouse may have a right to claim a share even if your will says otherwise.
What a will cannot do is control everything you own. Property that passes outside the will follows its own rules, which is covered below. A will also goes through probate, the court-supervised process of validating the will and settling the estate. Probate steps and costs vary widely by state, and many states have simplified procedures for small estates.
Gather the facts before you write anything
Spend an hour on a list first. It makes every later decision easier and also helps a lawyer, if you hire one, keep the bill down.
- List your assets. Include bank accounts, vehicles, real estate, investments, retirement accounts, life insurance, and items with sentimental value.
- Note how each is titled. Is the house in your name alone, or held jointly with a spouse? Does each account have a named beneficiary?
- List your people. Spouse or partner, children, other relatives, close friends, and any charities you want to include.
- Think about who could serve. You will need an executor, a backup executor, and, if you have minor children, a guardian and a backup.
- List your debts. Debts are generally paid from the estate before beneficiaries receive property, so knowing what you owe helps you plan.
The parts of a simple will
Most simple wills contain the same building blocks.
- Identification and revocation. You state your name and that this document replaces any earlier wills.
- Executor appointment. Choose someone organized, honest, and willing. Name a backup. Some states let you waive the requirement that the executor post a bond, which is a type of insurance for the estate.
- Guardian nomination. If your children are minors, name who you want to raise them. A court makes the final decision based on the child's best interests, but your choice carries weight.
- Specific gifts. Say who gets particular items, such as a car, jewelry, or a sum of money. Describe items clearly enough that no one can argue about which one you meant.
- Residuary clause. This gives everything not specifically mentioned to a person or people you name. It is the most important paragraph, because it catches whatever you forgot.
- Contingent beneficiaries. Say what happens if a beneficiary dies before you.
- Signature and witnesses. The closing section where the legal formalities happen.
Use plain, definite language. The ABA's guidance on do-it-yourself planning warns that wording expressing general wishes, such as "I would like," may not be enforceable, so write "I give" and "I appoint."
Signing and witnessing: where state law matters most
This is the step where homemade wills most often fail. The ABA says a will must be signed in the presence of witnesses, and errors in execution can make it invalid. The details are set by state law.
| Question | What typically varies |
|---|---|
| How many witnesses? | Many states require two adult witnesses, but check yours |
| Who can witness? | Often someone who is not a beneficiary, since a beneficiary witness can create problems |
| Is notarization required? | Usually not to make the will valid, but a notarized "self-proving" affidavit lets many states accept the will without witness testimony |
| Are handwritten wills valid? | Some states accept them, others do not |
| Are electronic wills allowed? | A growing number of states have e-will laws, with different rules |
Treat this table as a prompt to check, not as legal advice for your state. Your state court system or bar association will have the real requirements. The ABA also tracks electronic will legislation by state.
What passes outside your will
This is the section that surprises people most. Several kinds of property go to whoever is named on a form or title, regardless of what your will says. According to the ABA, these include:
- Life insurance with a named beneficiary
- Retirement plans and IRAs with a designated beneficiary
- Payable-on-death and transfer-on-death accounts
- Property held as joint tenants with right of survivorship
- Assets titled in a living trust
For these assets, the ABA says they "pass under the designation, not by the provisions" of the will. An ex-spouse still named on an old 401(k) form may receive the money even if your will leaves everything to your children. If a form is incomplete or every named beneficiary has died, default rules apply and the money may fall back into your estate.
A hypothetical example
Say Dana has a house worth $300,000 in her name alone, a $50,000 IRA naming her ex-husband as beneficiary, and a $200,000 life insurance policy naming her sister. Her will leaves "everything" to her two children. In practice, the children inherit the house through the will. The IRA goes to her ex-husband and the insurance goes to her sister, because the forms control those assets. Dana's will did not match her intentions, and a fifteen-minute update to two forms would have fixed it. The numbers here are invented for illustration.
If you are weighing life insurance as part of your plan, see term vs. whole life insurance.
Do it yourself, use a service, or hire a lawyer
| Option | Best for | Trade-offs |
|---|---|---|
| Template or online form | Simple estates with clear beneficiaries | Lowest cost, but you are responsible for state-specific signing rules |
| Online legal service | People who want guided questions and state-specific forms | Better prompts, but no one reviews your whole situation |
| Estate planning attorney | Complex or high-stakes situations | Higher cost, with tailored advice and help with formalities |
The ABA lists situations where a lawyer is a better choice: guardians for minor children, stepchildren or blended families, a disabled or vulnerable beneficiary, significant non-probate assets, property in more than one state, a possible estate tax issue, or an unmarried partnership. A will drafted without care can also leave a disabled beneficiary's public benefits at risk.
Common mistakes
- Skipping witnesses or using the wrong ones. Follow your state's rules exactly.
- Forgetting beneficiary designations. Update them whenever you marry, divorce, or have a child.
- Leaving out a backup. Name alternates for executor, guardian, and each beneficiary.
- Using vague gift descriptions. "My jewelry to my nieces" invites arguments. Say who gets which pieces.
- Losing the original. The ABA's DIY guidance notes that many states presume a will was revoked if the original was in your possession and cannot be found. Store it somewhere safe and tell your executor where it is.
- Writing on the document after signing. Handwritten changes may not count. Amendments, called codicils, must be signed with the same formalities as the will.
- Never revisiting it. The ABA suggests reviewing beneficiary designations every two or three years.
Frequently asked questions
Do I need a lawyer to make a will?
Not always. Many people with simple finances use a template or an online service. A lawyer is worth considering if you have minor children, a blended family, a beneficiary with special needs, or property in more than one state.
Does a will avoid probate?
No. A will is the document the probate court reviews. Probate can often be avoided for specific assets through beneficiary designations, joint ownership, or trusts, and many states have simplified procedures for small estates. Check your state court's website.
Can I change my will later?
Yes. You can sign a new will that revokes the old one, or add a signed and witnessed codicil. Avoid crossing things out or writing on the original.
Who should be my executor?
Choose someone trustworthy, organized, and willing to do paperwork. It does not have to be a lawyer or a family member, and you should always name a backup.
Next steps
- Make a list of your assets, how each is titled, and who is named as beneficiary on every account and policy.
- Check your state's will requirements on your state court or bar association website, especially the witness and notary rules.
- Decide on an executor, a backup, and, if you have minor children, a guardian and a backup. Ask each person before you name them.
- Draft the will with a template, a service, or an attorney, sign it exactly as your state requires, and store the original where your executor can find it.
