A step-by-step guide to creating a legally valid will, including executor selection, asset distribution, guardian designation, witness requirements, and proper storage.
Choose a primary executor who is trustworthy and organized
Your executor handles paying debts, filing final tax returns, managing assets during probate, and distributing property. Choose someone who lives nearby, is comfortable with paperwork, and can dedicate 5-15 hours per month for 6-18 months.
Name an alternate executor in case the primary cannot serve
If your primary executor dies, becomes incapacitated, or declines, the alternate steps in. Without one, the court appoints someone, which costs $500-$2,000 in legal fees and delays the process by 1-3 months.
Discuss the role and responsibilities with your chosen executor
Being executor is a significant commitment. They should know where your documents are stored, understand your wishes, and be willing to serve. Executors can be compensated, typically 2-5% of the estate value depending on the state.
Consider whether a professional executor is appropriate
Banks and trust companies serve as professional executors for a fee of 1-3% of estate value. This makes sense for estates over $1 million, complex family dynamics, or when no suitable individual is available. They bring expertise but lack personal knowledge of your family.
Complete Your Asset Inventory
List all real estate properties with addresses and approximate values
Include your primary residence, vacation homes, rental properties, and vacant land. Note how each property is titled (sole ownership, joint tenancy, tenants in common) because titling affects whether the property goes through probate.
Document all financial accounts with institution names and account types
Include checking, savings, CDs, brokerage, retirement, and HSA accounts. You don't need to list balances (they change), but note the institution and account type. Accounts with beneficiary designations (IRA, 401k) pass outside the will.
Inventory valuable personal property and sentimental items
List jewelry, art, collectibles, vehicles, and family heirlooms separately. Personal items cause the most family disputes. Be specific: "the diamond ring inherited from grandmother" rather than "my jewelry." Attach photos for clarity.
Note all debts, mortgages, and financial obligations
Your executor needs this to settle your estate. Include mortgages, car loans, student loans, credit cards, and personal debts. Outstanding debts are paid from estate assets before beneficiaries receive anything.
Designate Beneficiaries and Distributions
Decide how to distribute major assets among beneficiaries
You can leave specific items to specific people, divide everything by percentage, or combine both approaches. Percentage-based distribution is easier to manage because asset values change. "50% to each child" avoids disputes over who gets what.
Include a residuary clause for assets not specifically mentioned
A residuary clause catches everything not explicitly named in your will: "I leave all remaining property to..." Without this, unlisted assets are distributed according to state intestacy law, which may not match your intentions.
Address what happens if a beneficiary predeceases you
Include per stirpes or per capita language. Per stirpes means a deceased beneficiary's share passes to their children. Without this clause, a deceased beneficiary's share may go to your other beneficiaries instead of to their family.
Consider setting conditions or ages for inherited assets
You can specify that children receive their inheritance at age 25 or 30 instead of 18. A trust provision within your will can manage funds until the beneficiary reaches your specified age. This prevents large sums going to teenagers.
Appoint Guardians for Minor Children
Name a guardian for children under 18
If both parents die without naming a guardian, a court chooses one based on state law. Family members may contest, leading to expensive court battles costing $5,000-$50,000. Name someone who shares your parenting values and has the capacity to take on the role.
Name an alternate guardian in case your first choice cannot serve
Circumstances change. Your chosen guardian might be dealing with health issues, a divorce, or a cross-country move when the time comes. Having an alternate named in your will prevents a court from making the choice.
Discuss your decision with the prospective guardian before naming them
Never surprise someone with this responsibility. Discuss your parenting expectations, financial support available, and living arrangements. Consider the guardian's age, location, existing family size, and willingness before finalizing.
Execute the Will Properly
Sign your will in front of 2 witnesses (required in most states)
All states except Louisiana require 2 witnesses who are not beneficiaries. Witnesses must be at least 18 and watch you sign. An interested witness (someone who inherits) can invalidate that person's share in some states.
Have the will notarized with a self-proving affidavit
A self-proving affidavit is a notarized statement from you and your witnesses confirming the will is genuine. Without it, witnesses may need to testify in court during probate, which causes delays if they've moved or died. About 40 states allow self-proving affidavits.
Check your state's specific execution requirements
Requirements vary by state. Louisiana requires a notary plus 2 witnesses. Vermont requires 3 witnesses. Some states accept holographic (handwritten) wills without witnesses. Confirm your state's rules or the will may be challenged.
Store and Update Your Will
Store the original in a fireproof safe or with your attorney
Never keep the only copy in a bank safe deposit box. After death, access requires a court order in many states, which can take weeks. A fireproof home safe or your attorney's vault are the most accessible options.
Give copies to your executor and attorney
Provide copies clearly marked "COPY" to your executor, attorney, and a trusted family member. Let them know where the original is stored. Do not give out the original, as only the original is valid for probate in most states.
Update your will after major life events
Marriage, divorce, birth, death of a beneficiary, major asset purchase, or moving to a new state are all triggers for review. A codicil (amendment) handles minor changes for $50-$200. Major changes warrant drafting a new will entirely.
Frequently Asked Questions
Can I write a will without a lawyer?
Yes, many states recognize holographic (handwritten) wills and accept wills created with online services like LegalZoom ($89-$249) or Nolo ($35-$60). However, DIY wills have higher rates of being contested or declared invalid due to improper witnessing or ambiguous language. For estates exceeding $500,000, those with blended families, or complex asset structures, hiring an estate attorney ($300-$1,000) significantly reduces the risk of costly disputes.
How many witnesses do I need for a will to be valid?
Most states require two disinterested witnesses (people who do not inherit anything under the will) who watch you sign and then sign the will themselves. Vermont requires three witnesses. Some states accept notarized self-proving affidavits that streamline probate by eliminating the need to locate witnesses later. Louisiana has unique requirements including a notary and specific formalities for its civil law system.
What is an executor and how do I choose one?
The executor (called personal representative in some states) manages your estate after death: filing the will with probate court, paying debts and taxes, distributing assets, and closing accounts. Choose someone organized, trustworthy, and ideally in the same state. The role takes 6-18 months of active work; executors are legally entitled to compensation (typically 2-5% of the estate value). Always name an alternate executor.
Where should I store my original will?
Store the original signed will in a fireproof safe at home, with your attorney, or in a court filing system if your state offers one. Do not put it in a bank safe deposit box, as many states seal the box upon death, creating access delays. Give copies to your executor, attorney, and a trusted family member, noting where the original is located. Some states now accept electronic wills stored in approved digital repositories.