Key Takeaways
- To make a valid will, you generally must be an adult of sound mind, put it in writing, sign it, and have it witnessed according to your state’s rules.
- Most states require two adult witnesses, ideally people who don’t inherit anything under the will.
- A self-proving affidavit, signed before a notary, can make probate easier, but notarizing the will itself usually isn’t required.
- Handwritten (holographic) wills are valid in some states and not others.
- Review your will after major life events, and keep the original somewhere safe and findable.
Why make a will?
A will lets you decide who inherits your property, who carries out your wishes and, if you have young children, who you want to raise them. Without one, state law decides, and an unmarried partner, stepchildren or close friends may receive nothing.
Step 1: Take stock of what you own
List your significant assets and how each is owned. Remember that some pass outside your will, such as life insurance and retirement accounts with named beneficiaries, jointly owned property and payable-on-death accounts.
Step 2: Decide who inherits
- Specific gifts: particular items or sums to particular people
- The residue: everything else, often to a spouse or partner, then children
- Backup beneficiaries in case someone dies before you
- Gifts to charities, if any
Step 3: Choose your executor
Name the person who’ll settle your estate, plus an alternate. See how to choose an executor.
Step 4: Name a guardian for minor children
If you have children under 18, nominate a guardian and an alternate. See estate planning for young families.
Step 5: Write the will
You can use a lawyer, an online service or a form. What matters is that the will clearly identifies you, revokes earlier wills, states your gifts and appointments, and is signed correctly.
Step 6: Sign it the right way
This is where many DIY wills fail. Typical requirements:
| Requirement | What most states require | Notes |
|---|---|---|
| Age and capacity | 18 or older, of sound mind | You must understand what you own and who you’re leaving it to |
| In writing | Yes | Typed or handwritten, depending on the state |
| Your signature | Yes, at the end of the will | Some states let someone sign at your direction in your presence |
| Witnesses | Usually two adults | Best if they don’t inherit under the will |
| Notary | Usually not required for the will itself | A notarized self-proving affidavit can simplify probate |
| Handwritten (holographic) wills | Valid in some states without witnesses | Must usually be entirely in your handwriting and signed |
Step 7: Store it safely and tell someone
Keep the signed original in a fireproof safe, with your attorney or, in some places, filed with the local court. Tell your executor where it is. Copies are useful for reference, but probate courts usually need the original. See where to keep your will, and for the signing rules, how many witnesses you need and does a will need to be notarized.
Common mistakes to avoid
- Using witnesses who inherit under the will
- Forgetting a backup beneficiary or alternate executor
- Leaving property directly to minors instead of a trust or custodian
- Assuming your will controls accounts with beneficiary forms
- Never updating it after marriage, divorce, a birth or a move
Frequently asked questions
Yes. You can make a valid will yourself as long as you follow your state’s requirements, especially for signing and witnesses. Consider an attorney if you have a blended family, a business, significant assets or expect disputes.
In most states, no. Witnesses make the will valid. A notarized self-proving affidavit attached to the will can make probate faster, because witnesses may not need to testify later.
In some states, a will written entirely in your own handwriting and signed is valid without witnesses. Other states don’t recognize them, so check your state’s rules.
Review it every few years and after major life events such as marriage, divorce, the birth of a child, a move to another state, or a beneficiary’s death.
Yes. You can sign a new will that revokes the old one, or add a codicil (an amendment), which must be signed and witnessed with the same formalities as a will.
Keep reading
- Estate Planning Checklist: The Documents Everyone NeedsA plain-English estate planning checklist: the will, living will, powers of attorney and other documents everyone needs, plus what to organize and when to update.
- What Is a Living Will? How It Works and What to IncludeA living will records your wishes about life-sustaining treatment if you can't speak for yourself. Learn what it covers, when it applies and how it differs from a will.
- Living Will vs. Advance Directive: What’s the Difference?What is an advance directive? It's the umbrella term for your written health care instructions. Learn how living wills, health care proxies and advance directive forms fit together.
- Will vs. Trust: Which Do You Need?Compare a will and a revocable living trust on probate, privacy, cost and control. Learn when a will is enough and when a trust makes sense.
- What Happens If You Die Without a Will?If you die without a will, state intestacy law decides who inherits, who manages your estate and who raises your kids. Here's what typically happens.
- Funeral Planning Checklist: How to Plan AheadA step-by-step funeral planning checklist: burial or cremation, the service, costs, paperwork and how to make sure your family can find your wishes in time.
- How to Avoid Probate: 6 Common StrategiesProbate can be slow, public and costly. Learn six common ways to pass assets directly to your heirs, from beneficiary designations to a living trust.
- How to Choose an Executor for Your Will (and What They Do)Your executor carries out your will. Learn what an executor does, who makes a good choice, and the mistakes to avoid when naming one.
- Pet Trust: How to Provide for Your Pets After You’re GonePets can't inherit money, but a pet trust can fund their care. Learn how pet trusts work, how they compare with a will, and how to choose a caregiver.
- What Is a Living Trust? How It Works, Pros and ConsA living trust holds your assets during life and passes them to your heirs without probate. Learn how revocable living trusts work, what they cost, and who needs one.
- What Is Probate? How the Process Works, Step by StepProbate is the court process for settling an estate. Learn what happens in probate, how long it takes, what it costs, and which assets skip it entirely.
- Letter of Instruction: What to Include for Your FamilyA letter of instruction tells your family where everything is and what you want. Learn what to include, how it differs from a will, and where to keep it.
- Digital Estate Planning: What Happens to Your Online AccountsWhat happens to your email, photos, social media and online accounts when you die or become incapacitated? A practical guide to digital estate planning.
- DNR vs. Living Will vs. POLST: What’s the Difference?A living will is your own instructions; a DNR and a POLST are doctor's orders. Learn how each works, who signs it, and which ones emergency responders follow.
- How Much Does a Will Cost? Lawyer vs. Online vs. DIYA simple will can cost nothing or several thousand dollars depending on how you make it. Compare attorney, online and DIY costs, and what's included at each price.
- Do You Need a Lawyer to Make a Will?No state requires a lawyer to make a valid will, and many people can do it themselves. Here's when a DIY or online will works and when an attorney is worth it.
- Last Will vs. Living Will: What’s the Difference?A last will controls your property after death; a living will states your medical wishes while you're alive. Learn how they differ and why most adults need both.
- Executor vs. Trustee: What’s the Difference?An executor settles your estate through probate under your will; a trustee manages assets held in a trust, sometimes for years. Compare their roles, powers and how to choose.
Don’t leave your family guessing
Put your health care wishes in writing with a living will, HIPAA release and medical authorization. The No Brainer Box adds a last will, a revocable trust and health care and financial powers of attorney.
- Answer a few simple questions online
- Download your completed, ready-to-sign forms
- Sign them and keep copies in your account
This guide is general educational information written by the No Brainer Forms Team. It is not legal advice, and No Brainer Forms is not a law firm. Laws and signing requirements vary by state; for advice about your situation, talk to a licensed attorney in your state.