Writing a will is one of the most important things you can do for your family — and one of the most frequently postponed. This guide walks you through everything you need to know to get it done.
Why a Will Matters
A will is the legal document that tells the world what you want to happen to your property, your accounts, and — if you have minor children — who should raise them if you're gone. Without one, the state decides.
Your state's intestacy laws have a fixed hierarchy for who inherits your assets: typically your spouse, then your children, then other relatives. Your unmarried partner, your closest friend, the charity you supported for decades — none of them receive anything under intestacy law, regardless of your wishes. Your children's guardian is decided by a probate court, not by you.
A will changes all of that. It takes about an hour to draft a simple one, and it gives your family enormous clarity and peace of mind at the worst possible time.
What a Will Can (and Can't) Do
A will can:
- Specify who inherits your assets (beneficiaries)
- Name an executor to manage your estate
- Name a guardian for minor children
- Leave specific items or amounts to specific people or organizations
- Set up a testamentary trust for minor children
- Express your funeral and burial preferences
A will cannot:
- Override beneficiary designations on life insurance policies, retirement accounts (IRA, 401k), or payable-on-death accounts — those go directly to the named beneficiaries regardless of your will
- Transfer jointly owned property with right of survivorship — that passes automatically to the surviving owner
- Bind the estate to promises you made verbally
- Avoid probate — unlike a living trust, a will must go through the probate process
Tip: Review beneficiary designations on all accounts separately. A will that says "everything to my daughter" can be overridden by a 20-year-old life insurance policy naming an ex-spouse.
What to Include in Your Will
1. Your personal information
Full legal name, current address, and a statement that this is your last will and that you are revoking any prior wills.
2. Executor appointment
The executor (also called personal representative) is the person responsible for managing your estate — gathering assets, paying debts, filing final tax returns, and distributing what remains. Choose someone trustworthy, organized, and available. Name an alternate in case your first choice is unable to serve. See our executor duties guide for a full breakdown of what this role involves.
3. Beneficiaries
Who gets what. Be specific — "my children" is fine if you name them and any future-born children are addressed; "my money" is vague. For each major asset or category, name a primary beneficiary and an alternate in case the primary predeceases you.
4. Specific bequests
Specific items — jewelry, heirlooms, vehicles, property — that you want to leave to specific people. Be precise: "my 1965 Mustang, VIN [number], to my nephew David" is better than "my car to David."
5. Residuary estate
Everything not specifically mentioned is called the residuary estate. Name a residuary beneficiary (or beneficiaries, with percentages) to receive whatever's left after specific bequests, debts, and expenses are settled.
6. Guardian for minor children
If you have minor children, naming a guardian is arguably the most important function of your will. Name a first choice and an alternate. Discuss this with the person before naming them — it is a significant responsibility. A court is not bound by your designation but will give it strong weight.
7. Trust provisions for minor children (optional)
If you're leaving assets to minor children, consider a testamentary trust that holds their inheritance until they reach a specified age (25, 30) rather than handing a 19-year-old a large sum outright.
8. Funeral preferences (optional)
You can state burial versus cremation preferences and any service wishes. Be aware that wills are often not read until after the funeral — so communicate these wishes to family directly and consider adding them to your end-of-life planning documents as well.
How to Write a Will: Your Options
| Option | Best for | Approximate cost | Caveats |
|---|---|---|---|
| Estate attorney | Complex estates, blended families, business interests, high net worth | $300–$1,500+ | Most comprehensive; least likely to be contested |
| Online legal service (LegalZoom, Trust & Will, etc.) | Straightforward situations, limited budget | $50–$200 | Quality varies; ensure state-specific compliance |
| Handwritten (holographic) will | Emergency situations; some states only | $0 | Valid in ~25 states; easier to contest; must be entirely in your own handwriting |
| Form will kits from office supply stores | Very simple situations | $20–$50 | Generic; may not cover your state's specific requirements |
Making Your Will Legally Valid
Requirements vary by state, but most U.S. wills need:
- To be in writing — typed or printed
- Your signature — signed at the end in the presence of witnesses
- Two adult witnesses — who watch you sign and then sign themselves; in most states, witnesses should not be named beneficiaries
- Notarization (some states) — California does not require it; other states do or strongly recommend it. A "self-proving affidavit" notarized at signing can simplify probate later.
Check your specific state's requirements — they vary more than most people realize.
Storing Your Will
A will does no good if it can't be found. Common storage approaches:
- Fireproof safe at home — tell your executor where it is
- Safe deposit box — tell your executor the bank and that they're named executor (so they can access it)
- With your estate attorney — many attorneys keep originals for clients
- With your county's probate court — some states allow wills to be deposited for safekeeping before death
Store a copy (not the original) in a second location. Organize all related estate documents — will, trust documents, beneficiary designations, insurance policies, account information — together. FinalKeepSake is designed specifically to help you organize, store notes about, and hand off these documents to your family.
When to Update Your Will
Review your will after any major life change:
- Marriage or divorce
- Birth or adoption of a child or grandchild
- Death of a named beneficiary or executor
- Significant change in assets (bought a house, sold a business, received an inheritance)
- Moving to a different state
As a rule of thumb: review every three to five years even if nothing major has changed. Laws change, relationships change, and assets change.
To change a will, you can add a codicil (a witnessed amendment) or — more often — simply draft a new will that explicitly revokes all prior wills. Making changes in pen on an existing will is not valid in most states.