How to Make a Will: Step-by-Step Guide and Legal Requirements

What a will must include, how to sign it so it holds up, and the mistakes to avoid.

By No Brainer Forms Team Updated 3 min read

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:

RequirementWhat most states requireNotes
Age and capacity18 or older, of sound mindYou must understand what you own and who you’re leaving it to
In writingYesTyped or handwritten, depending on the state
Your signatureYes, at the end of the willSome states let someone sign at your direction in your presence
WitnessesUsually two adultsBest if they don’t inherit under the will
NotaryUsually not required for the will itselfA notarized self-proving affidavit can simplify probate
Handwritten (holographic) willsValid in some states without witnessesMust usually be entirely in your handwriting and signed
Common will-signing requirements

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

Can I make my own will without a lawyer?

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.

Does a will need to be notarized?

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.

How often should I update my will?

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.

Can I change my will after signing it?

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

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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.