How To Write A Will: A Step-By-Step Guide

How to Write a Will in 6 Easy Steps

A will, also called a last will and testament, helps determine what happens to your assets after you pass. Assets can include money, real estate, personal items, and more that will be distributed to your loved ones should anything happen to you.

While writing your will can be an overwhelming process, it’s important to ensure your assets are distributed according to your wishes. Creating your last will and testament is one of the most important parts of planning your estate. An estate plan encompasses more than just a will; it includes various legal documents and strategies to manage your assets and wishes during your lifetime and after your death. A will is an essential estate planning document, but other documents like living trusts and powers of attorney are also important.

Writing a will step-by-step

Writing a will may seem daunting, so we’re breaking it into six easy-to-follow steps. By the end of the process, you'll have a strong grasp of the basics and can feel more secure knowing your wishes will be upheld and your loved ones will receive what you wanted to leave with them. To dig deeper into your specific situation and needs, we recommend consulting an estate planning attorney.

One note: A will is different from a living will. How? A will states how you want your assets to be given to your beneficiaries once you pass. A living will is a document that details the kinds of medical treatments you want or don’t want in case you are incapacitated and unable to communicate your wishes yourself. It’s a type of advanced directive that doctors and hospitals can refer to when deciding what to do.

Here are the steps for creating a last will:

1. Determine how you want to write your will

There are a few methods and formats for writing a will: with the help of a lawyer, through an online service, or on your own.

Writing a will with the help of an estate planning lawyer is the most traditional and common method. Working with a lawyer can ensure your will is 100% accurate and comprehensive, including everything that is necessary with guidance from a legal professional.

Using an online will-creation platform might be a suitable option for someone with a straightforward estate plan and no complex assets.

Writing a will on your own can be a bit more complicated. For your will to be valid, it has to meet your state’s requirements exactly. If it doesn’t, your will can be deemed invalid and become subject to your state’s intestate succession laws, which means a probate court might determine what happens to your assets.

2. Choose your executor

Choosing your executor is one of the most important parts of making a will. The executor is the party responsible for distributing assets and carrying out your will, which includes managing your estate through the probate process. Probate is the process of making sure a deceased person’s assets are distributed according to their will, and if overseen by a court.

Many people opt to name their estate planning attorney as their executor. If you’re not planning to use a lawyer, be sure to enlist someone you trust who also understands how a last will works.

3. Determine your beneficiary

To guarantee your assets are distributed in alignment with your wishes, you’ll need to name a beneficiary or beneficiaries as the designated parties to receive them. You can leave different things to different beneficiaries, just make sure you list each beneficiary’s full name to avoid any complications or confusion later on. If you have a civil partner, ensure they are clearly named in your will to guarantee they receive the assets you wish to leave them. You can also designate a business or organization to receive your assets if you so choose.

4. Name a guardian if you have children under 18

If you have any minor children, your will is where you name the guardian who will take custody and care for them in your absence. Be sure to choose someone you trust and list the guardian’s full legal name.

5. List and write instructions for your assets

Prior to writing your will, it’s important to take an inventory of all of the assets you want to include. Once you’ve listed them all, assign a beneficiary to receive each one, whether they’re all going to the same person or being spread out among multiple. Be aware of potential estate taxes that may apply to your assets and plan accordingly to minimize the tax burden on your beneficiaries.

This section is where you can include special instructions for how you’d like your executor to distribute your estate. You might want them to meet with each individual named or gather everyone together for a more formal reading of the will. You can also add any notes explaining why you chose each beneficiary for each asset at this stage.

6. Sign your last will and testament

Your signature is the part of your will that legally binds your document. However, just signing it on your own isn’t enough to make it legal. Typically, wills require two witnesses to sign as well. Ideally, these witnesses should be what are called disinterested witnesses, or people who don’t stand to benefit from your will.

What is a self-proving affidavit?

Sometimes, your state will require a self-proving affidavit, which also requires two witness signatures and needs to be notarized to be legal. This document certifies you are of sound mind and have the mental capacity to make a will. Self-proving affidavits may be required or optional, depending on your state’s regulations.

What happens after you write your will?

After your will is created and filed, store it in a safe place and keep it up-to-date. You should re-evaluate it every couple of years as a general rule of thumb. Once you pass away, your will enters probate, which is simply the formal name for the distribution of your assets to your beneficiaries.

How to get help making a will

Because creating a will can be an intricate process, you may want to enlist some help to make sure you do it correctly. You could consult a financial advisor to help you make informed decisions about your estate and financial future. Also, consider hiring a certified lawyer who specializes in estate planning to help you write your will.

Getting recommendations for a lawyer from your immediate network may be a good starting point. Ask your friends if they’ve worked with an estate planning attorney before, and conduct your own research to find a good fit. Because the cost to write a will with the help of a lawyer can be a little high, check with your workplace to see if it offers legal plans. Enrolling in one will give you access to a network of lawyers who can help you write a will for a reduced cost.

¹ How to Make a Will Without a Lawyer in 2024,” National Council on Aging