Writing a will doesn’t require a courthouse, a leather-bound book, or a dramatic family gathering. For most people, it’s a focused afternoon of decisions plus an hour with witnesses and a notary. The hard part isn’t the paperwork — it’s deciding who gets what, who handles the process, and (if you have minor children) who raises them. Once those decisions are made, the document itself is straightforward.
Before You Start: Gather the Information
You’ll work faster with a few lists in front of you. Spend an hour writing down:
- Your assets and roughly what they’re worth — bank accounts, brokerage accounts, retirement accounts (401(k), IRA), life insurance, real estate, vehicles, valuable personal property, business interests
- How each is titled — solo, jointly with spouse, in a trust — and whether it has a beneficiary on file (retirement and life insurance always do; checking accounts often have POD beneficiaries)
- Your debts — mortgages, car loans, credit cards, student loans, personal loans
- Your people — full legal names, dates of birth, current addresses, and relationships to you, for everyone you might name (beneficiaries, executor, guardian, witnesses)
Most of what a will controls is the property that’s titled solely in your name without a beneficiary designation. Everything else passes outside the will. See What Is a Will? for the distinction.
The Decisions a Will Has to Make
- Who inherits what. Specific gifts first (the grandfather clock to my brother), then how the residual estate is divided (everything else, in these percentages, to these people). Decide what happens if a beneficiary predeceases you — does their share go to their children, revert to your other beneficiaries, or go elsewhere?
- Who serves as your executor (personal representative). One primary plus at least one backup. See What Is an Executor? for what the role involves
- Who serves as guardian for any minor children. Primary plus backup. See Naming Guardians for Minor Children — the single most important reason for parents under 50 to have a will
- How debts and taxes are paid. Default is from the residual estate, but you can specify other sources. Most simple wills leave this to the executor’s discretion
- Whether you want a self-proving affidavit. Yes — it eliminates the need to track down witnesses years later during probate. Free or near-free with most online services and almost every attorney’s package
Choosing How to Draft It
- Free state forms or state-bar self-help. Many state bar associations publish free statutory will forms. Bare-bones but valid; appropriate for very simple estates with no minor children and modest assets
- Online will services ($0–$200) — LegalZoom, Trust & Will, FreeWill, Rocket Lawyer, Nolo. Adequate for most middle-income households with simple distributions. Most include the self-proving affidavit and instructions for proper execution
- Estate-planning attorney ($500–$3,000 for a basic plan including will + POAs + advance directive). Worth the cost for blended families, business interests, special-needs beneficiaries, taxable estates, or multi-state property
If you’re torn between the DIY and attorney paths, the test is usually whether you have any of these complications: minor children with a complex guardianship situation, second marriage with stepchildren, a business, a beneficiary with addictions or financial struggles, an estate likely to face federal or state estate tax (over $13.99M federal in 2025, but state thresholds are lower — sometimes much lower). If you do, see an attorney.
Signing the Will Correctly
This is where most DIY wills go wrong. Read your state’s instructions and follow them exactly:
- Sign in front of two witnesses (some states require three; a few accept one). All parties — you and the witnesses — must be physically present together. Don’t sign and then take it to witnesses separately
- Witnesses generally cannot be beneficiaries — or, depending on state, can serve but lose their inheritance. Use neighbors, coworkers, or friends who don’t inherit
- Witnesses sign immediately after you do, in your presence and in each other’s presence
- Sign the self-proving affidavit in front of a notary at the same session. Many banks notarize for free for customers. Some online services arrange remote online notarization for an extra fee
- Use blue or black ink consistently. Don’t use different pens, don’t make corrections, don’t initial changes — if you find an error, reprint the page
- Don’t staple, unstaple, then restaple. Some courts treat that as suspicious. Keep the document intact from the moment it’s signed
Where to Store the Original
- A fireproof home safe — with your executor knowing the combination or where the key is. Best option for most people
- Your attorney’s office — if you used one; many will store the original at no charge
- NOT a safe deposit box in your sole name — in many states, the bank can’t open it without a court order after you die, creating a chicken-and-egg problem. If you must use one, hold it jointly with your executor
- NOT just a digital scan. Courts almost always require the original signed document. A scan is a backup, not a substitute
Tell your executor where the will is — not just that you have one. A perfectly valid will hidden where no one can find it accomplishes nothing.
Common Mistakes to Avoid
- Naming a beneficiary who’s already named on the account. Beneficiary designations on 401(k)s, IRAs, and life insurance override your will. Listing a 401(k) in your will doesn’t change who gets it — only updating the custodian’s beneficiary form does
- Listing specific account balances or item values. Numbers change; specifics don’t. Say “my brokerage account at Fidelity,” not “$250,000 from my Fidelity account”
- Forgetting to update after a divorce. Some states automatically void provisions favoring an ex-spouse, but not all do. Always update
- Writing in the margins or crossing things out later. Either invalidates the will entirely in some states. Use a codicil (formal amendment) or a new will instead
- Naming co-executors who don’t get along. They have to agree on every decision. One executor with a backup is usually cleaner
- Trying to disinherit a spouse entirely. Most states have “elective share” laws that guarantee a surviving spouse a percentage regardless of the will. Talk to an attorney before attempting this
After You Sign
- Tell your executor where the original is and what their job will be
- Give copies (clearly marked “COPY”) to your spouse and adult children if appropriate
- Review your beneficiary designations on retirement accounts and life insurance — make sure they match what the will assumes
- Plan to review the will every 3–5 years, and after any major life event. See When to Update Your Estate Plan
Educational only. Estate-planning laws — including which documents are valid, who can serve as executor or agent, witness and notary requirements, guardianship rules, and how assets pass — vary significantly by state. This article is not legal advice. Consult a licensed attorney in your state before drafting or relying on any estate document.