How to make a will: a step-by-step guide

The short answer: how to make a will: decide who gets your property, name an executor and a guardian for minor children, write it down and sign it in front of witnesses.

• List what you own and what passes outside the will
• Choose an executor and a backup
• Consider a self-proving affidavit
• Store it and tell someone where it is
• Next step: Plan it with the If Something Happens to Me Binder ($11.99).

Learning how to make a will is simpler than most people expect: you decide who gets your property, name an executor and a guardian for minor children, write it down and sign it in front of witnesses. Georgia's official guide to writing a will says a valid will must be in writing and signed, and does not have to be notarized or filed in advance. South Dakota's consumer guide to wills adds that the maker must be 18 and of sound mind. This guide walks through the nine steps, what to include, the signing rules and how to keep your family from searching for paperwork later. It is general information, not legal advice, so check your own state's rules.

A will works best with a record of what you own. Our If Something Happens to Me Binder has pages for bank and financial accounts, insurance policies, property and vehicles, digital accounts and where to find documents.

How to make a will in 9 steps

1. List what you own. Write down your home, vehicles, bank and investment accounts, retirement accounts, life insurance, valuables and anything with sentimental value.
2. Check what passes outside the will. Accounts with a named beneficiary, such as life insurance, 401(k)s and IRAs, usually go straight to that person. Jointly owned property often passes to the co-owner. Update those beneficiary forms so they match your plan.
3. Decide who gets what. Name each beneficiary and what they receive. Add a "residue" clause for everything you forget or acquire later.
4. Choose an executor. This person carries out the will. Name a backup too.
5. Choose a guardian for minor children. If you have kids under 18, this may be the most important line in the document.
6. Write the will. Use a reputable state-specific form, will software or a lawyer. Keep the language plain and specific.
7. Sign it with witnesses. Most states require two adult witnesses who are not beneficiaries. Sign in front of them and have them sign too.
8. Consider a self-proving affidavit. Signing one before a notary can save time in probate because witnesses may not need to be found later.
9. Store it and tell someone. Keep the original in a safe place and tell your executor where it is.

What to include in a will

Choosing who will carry out the will? Our guide on executor of estate duties explains the job, step by step, so you can pick well.

If you are starting from the basics, our guide to what is a will explains the terms and what a will can and cannot do.

Georgia's guide also points out that if you want to leave out a close relative, such as a child or spouse, you should say so directly so your intentions are clear. A will made while single is not automatically cancelled when you marry in South Dakota, but a spouse you did not provide for may still receive a share, so revisit the will after a wedding.

Signing rules, witnesses and handwritten wills

The signing step is where homemade wills most often go wrong. The general pattern across states is:

• Witnesses: usually two adults who watch you sign and then sign themselves. Pick people who inherit nothing under the will.
• Notary: usually not required for validity, but a notarized self-proving affidavit can make probate faster.
• Handwritten (holographic) wills: accepted in some states if the key parts and signature are in your handwriting. South Dakota accepts a dated handwritten will without witnesses. Many states do not, so a typed and witnessed will travels better if you move.
• Changes: do not cross things out. Sign a new will or a formal amendment called a codicil.

Will vs. living will vs. trust

People mix these up, and each does a different job.

Still unsure about the third option? Our plain-English guide on what is a trust explains revocable and irrevocable trusts and when a will is enough.

MedlinePlus notes that a living will is not the same as a last will and does not handle financial issues. If you are making a will, it is a good time to sign the medical documents too. Our guide to the living will covers that side.

How much it costs and when to hire a lawyer

A simple will can cost very little if you use a correct state form and follow the signing rules yourself. Online will services and lawyers charge more, and estate plans with trusts cost more again. Pay for a lawyer when:

• you own a business or property in more than one state;
• you have a blended family, a child with special needs or someone you plan to leave out;
• your estate may owe estate tax;
• you expect someone to contest the will.

Many lawyers quote a flat fee for a simple will. Some states and area agencies on aging offer free legal help for people over 60.

Make the will easy to use: the paperwork around it

A will tells your family who gets what. It does not tell them where the accounts are, which bills autopay, what the passwords are or who to call first. That gap is what makes the weeks after a death so hard. Before or right after you sign, gather:

• the location of the original will and the executor's contact details;
• a list of bank, retirement and investment accounts, with institution names;
• insurance policies and beneficiary designations;
• bills and subscriptions that need cancelling;
• vehicle titles, the deed and where the keys are;
• digital accounts and what you want done with them;
• funeral wishes and a short letter to the people you love.

The If Something Happens to Me Binder ($11.99, printable PDF) has a page for each of these: a Read me first page, Key Contacts, Bank & Financial Accounts, Insurance Policies, Bills & Subscriptions, Property & Vehicles, Digital Accounts, Where to Find Documents and My wishes. Write the will's location on the Where to Find Documents page and keep the binder with your other papers. If you would rather write by hand in a bound book, the If Something Happens to Me paperback is a 100-page, 8.5 x 11 inch fill-in version that will be printed and shipped by Amazon. It isn't on Amazon yet; its page has a Notify me button for one email when it can be ordered.

Common mistakes that make a will fail

Most problems with homemade wills come from a handful of avoidable errors:

• Using the wrong witnesses. A beneficiary who also witnesses the will can lose their gift in some states, or cast doubt on the whole document.
• Signing alone. Signing at the kitchen table and asking witnesses to sign later does not meet most state rules. Everyone should be together.
• Forgetting the residue. If you list only specific gifts, anything else you own may pass under state law instead of your wishes.
• Vague descriptions. "My jewelry to my daughters" can start an argument. Say which pieces go to whom, or say they should divide them equally.
• Ignoring beneficiary forms. A will does not override the beneficiary named on a life insurance policy or retirement account.
• Never updating it. A will that still names an ex-spouse as executor, or leaves out a child born later, creates exactly the confusion you wanted to avoid.
• Hiding the original. A copy may not be accepted in probate. If nobody can find the original, the court may treat you as having no will.

Special situations to plan for

Some families need a little more than a basic will:

• Minor children: besides naming a guardian, think about who will manage money left to the children. Many parents leave it in a trust with a named trustee rather than outright.
• Pets: pets are legally property, so name who should take them and consider leaving that person money for their care.
• Blended families: spell out what goes to a spouse and what goes to children from an earlier relationship.
• Digital assets: list important online accounts and say who should close or keep them. Your executor will need to know they exist.
• Moving states: a will that was valid where you signed it is usually recognized elsewhere, but have it reviewed after a move.

After you sign

When you die, a will usually goes through the court. Our guide on what is probate explains the steps, the timeline and what can skip it.

• Give your executor a copy, or at least tell them where the original is.
• Update beneficiary forms on retirement accounts and life insurance so they match the will.
• Put a reminder on your calendar to review the will every three to five years.
• Review it right away after a marriage, divorce, birth, death or move to another state.

For the rest of your planning, see our emergency binder checklist, the medical power of attorney guide and our tips on Swedish death cleaning, which helps you sort belongings so your will and your home tell the same story.

A will works best alongside term life insurance, which can give your family a tax-free lump sum to cover the mortgage, child care and other costs.