A step-by-step guide to drafting a legally valid will, covering testamentary requirements, executor selection, asset distribution, and proper execution under state law.
Confirm you meet your state's age requirement (18+ in most states, 16 in Georgia)
Every U.S. state requires the testator to be of sound mind. If there's any question of mental capacity, get a physician's letter dated the same day as signing — this costs $100-$300 and can prevent future challenges.
Create a complete inventory of all assets including real estate, bank accounts, investments, and personal property
Include account numbers and approximate values. Homes should use the most recent tax assessment or appraisal value. Updating this list annually takes about 30 minutes and saves your executor weeks of work.
List all real property with addresses and deed information
List financial accounts with institution names and account numbers
Document valuable personal property (vehicles, jewelry, collectibles)
Identify all debts, mortgages, and outstanding obligations
Debts are paid from the estate before distributions. A mortgage balance of $200,000 on a home valued at $400,000 means only $200,000 in equity passes to heirs unless you carry mortgage insurance.
Review beneficiary designations on life insurance, retirement accounts, and payable-on-death accounts
These assets pass outside the will regardless of what the will says. A $500,000 life insurance policy naming an ex-spouse will go to that ex-spouse even if the will says otherwise. Update these separately.
Choose Key People
Select an executor (personal representative) and at least one alternate
Executors in most states receive 2-5% of the estate as compensation. Choose someone organized and local to the probate court — an out-of-state executor may need to post a bond costing $500-$2,000.
Name a guardian for minor children if applicable
Name both a guardian of the person (who raises them) and a guardian of the estate (who manages their money). Courts give strong weight to your written choice but can override it. Discuss this with the chosen guardian first.
Identify all beneficiaries and their full legal names and relationships
Use full legal names, not nicknames. 'My nephew John' is ambiguous if you have two nephews named John. Include dates of birth for minors. Specify what happens if a beneficiary dies before you.
Consider naming a residuary beneficiary for any assets not specifically mentioned
Without a residuary clause, unlisted assets pass through intestacy laws as if you had no will. This single clause catches everything you forgot or acquired after signing.
Draft the Will
Include a declaration stating this is your last will and testament, revoking all prior wills
The revocation clause prevents confusion if an older will surfaces. Courts have spent months sorting out which of multiple wills controls — one clear revocation sentence prevents this entirely.
Specify exact distributions — who gets what, in what amounts or percentages
Use percentages rather than fixed dollar amounts for liquid assets. Leaving '$50,000 to each child' fails if the estate only has $80,000. Leaving '25% each' scales automatically.
Include specific bequests for sentimental or high-value items
Many states allow a separate personal property memorandum referenced in the will that you can update without re-executing the will. Check your state's rules — about 30 states permit this.
Add contingency provisions for beneficiaries who predecease you
Without per stirpes or per capita language, a deceased beneficiary's share may lapse entirely. Per stirpes passes the share to that person's children. Specify which method you want for each gift.
Include a no-contest clause if desired
A no-contest (in terrorem) clause discourages challenges by cutting out anyone who contests the will. About 25 states enforce these clauses. They are not enforceable in Florida or Indiana.
Execute the Will Properly
Sign the will in front of two disinterested witnesses (three in Vermont)
Witnesses must be disinterested — meaning they do not inherit under the will. An interested witness can invalidate their own gift in many states. Most states require witnesses to be 18 or older.
Have witnesses sign the attestation clause in your presence and each other's presence
All parties should sign in the same room at the same time. A gap of even a few minutes between signatures has been used to challenge wills. The entire ceremony typically takes 10-15 minutes.
Execute a self-proving affidavit before a notary public
A self-proving affidavit eliminates the need to track down witnesses during probate. Notary fees run $5-$15 per signature. All but 3 states (Maryland, Ohio, and D.C. with limitations) accept self-proving affidavits.
Do NOT staple, hole-punch, or alter the will after signing
Courts examine staple holes and markings for evidence of removed or added pages. Even a single extra staple hole can trigger a challenge. Keep the signed original completely unaltered.
Store and Maintain the Will
Store the original in a fireproof safe or with the probate court
About 15 states allow you to file the will with the local probate court for safekeeping during your lifetime for a fee of $5-$50. A bank safe deposit box can be problematic because it may be sealed at death.
Give copies to the executor and attorney, noting where the original is kept
Mark all copies clearly as 'COPY — NOT THE ORIGINAL.' Courts require the original for probate. If the original cannot be found, many states presume you destroyed it intentionally to revoke it.
Review and update the will after major life events — marriage, divorce, birth, death, or significant asset changes
In most states, marriage automatically revokes a prior will or gives the new spouse an intestate share. Divorce revokes provisions for the ex-spouse in about 25 states. Review every 3-5 years at minimum.
If changes are needed, execute a formal codicil or draft an entirely new will
A codicil must be signed and witnessed with the same formality as the original will. For more than 2-3 changes, drafting a new will is cleaner and costs $300-$1,000 with an attorney versus $150-$500 for a codicil.
Frequently Asked Questions
How much does it cost to write a will with a lawyer?
Attorney-drafted wills typically cost between $300 and $1,000 for a straightforward estate, though complex estates with trusts or business interests can run $1,500 to $5,000 or more. Online legal services like LegalZoom or Trust & Will offer templated wills for $89 to $250, which work well for simple situations. Many bar associations run free or reduced-cost will-drafting clinics for seniors and military families. This is not legal advice -- consult an attorney for your specific situation.
What happens if you die without a will in the US?
When someone dies without a will (called dying "intestate"), state law dictates who inherits assets through a fixed hierarchy -- typically the surviving spouse receives 50-100% depending on the state, with children splitting the remainder. Unmarried partners, stepchildren, and close friends receive nothing under intestacy rules, regardless of the relationship. The court appoints an administrator (often a family member) to manage the estate, which can take 12-24 months and cost thousands in legal fees. This is not legal advice -- consult an attorney for your specific situation.
How many witnesses do you need to sign a will?
Most US states require two witnesses who are at least 18 years old and not named as beneficiaries in the will. Vermont is the sole exception, requiring three witnesses. Witnesses must watch you sign the will and then sign it themselves, all during the same sitting. A self-proving affidavit, which is notarized at the same time, eliminates the need for witnesses to appear in probate court later -- roughly 45 states accept this shortcut.
Can I write my own will without a lawyer?
Yes, a handwritten (holographic) will is legally valid in about 27 states, provided it is entirely in the testator's handwriting, dated, and signed. Typed self-drafted wills are also valid if properly witnessed and executed under your state's requirements. However, DIY wills carry a higher risk of ambiguous language, missing formalities, or conflicting provisions that could trigger a court challenge. This is not legal advice -- consult an attorney for your specific situation, especially if your estate includes real estate in multiple states, blended family dynamics, or business ownership.
How often should you update your will?
Estate planning attorneys generally advise reviewing your will every 3 to 5 years, or immediately after a major life event such as marriage, divorce, the birth of a child, a significant change in assets, or a move to a different state. State laws on spousal shares, executor qualifications, and witness requirements differ, so relocating can invalidate certain provisions. Updates can be made through a codicil (a formal amendment) for minor changes, or by drafting an entirely new will for substantial revisions -- the new will should explicitly revoke all prior versions.