Disclosure: This article contains affiliate links. We may earn a commission if you apply through our links, at no extra cost to you.
Nobody likes thinking about death. But writing a will is one of the most important things you can do for the people you love. Without one, the state decides what happens to your money, your home, and your belongings. That process can take years and cost your family a lot.
Writing a will does not have to be complicated or expensive. Here is a step-by-step guide to getting it done in 2026.
This article is for educational purposes only. Consult an estate planning attorney for advice specific to your situation.
What Is a Will?
A will, also called a last will and testament, is a legal document that states your wishes for what should happen after you die. It can name who receives your property, who will care for your children, and who will handle your estate.
Without a will, your estate goes through a process called intestate succession. The state determines who gets what based on a formula, not your wishes. That formula may not align with what you would have wanted.
Who Needs a Will?
Almost everyone benefits from having a will. You especially need one if:
- You have children, especially minor children
- You own property, savings, or investments
- You have strong feelings about who should or should not receive your assets
- You have a spouse, partner, or dependents who rely on you financially
- You want to leave assets to charity
- You have a business interest you want to pass on
Even young, single people with few assets benefit from a will. It allows you to name who gets your personal belongings and prevents family disputes.
Step 1: Take Inventory of Your Assets
Start by listing everything you own. This gives you a clear picture of what your estate includes:
- Real estate (home, rental properties)
- Bank accounts (checking, savings)
- Investment accounts (brokerage, retirement accounts)
- Vehicles
- Personal property (jewelry, art, furniture)
- Life insurance policies
- Business interests
- Digital assets (crypto, online accounts with value)
Note: some assets transfer outside of a will through beneficiary designations. Retirement accounts (IRA, 401k), life insurance policies, and accounts with payable-on-death designations pass directly to the named beneficiary, regardless of what your will says. Keep these updated separately.
Step 2: Decide Who Gets What
This is the core of your will. Be specific about who receives each significant asset. Vague language leads to disputes and legal costs.
You can leave assets to:
- Individuals (by full legal name and relationship)
- Charities (by official name and tax ID if possible)
- Trusts you have established
Think about what happens if a beneficiary dies before you do. Name contingent (backup) beneficiaries for each bequest. You should also specify what happens to your residuary estate — the remainder of your assets after specific gifts are distributed.
Step 3: Name an Executor
The executor (also called a personal representative) is the person who carries out the instructions in your will. This includes gathering your assets, paying debts, filing tax returns, and distributing property to your beneficiaries.
Choose someone you trust who is organized, responsible, and willing to take on the role. Common choices are a spouse, adult child, sibling, or close friend. Make sure to ask them first and confirm they are willing.
Name an alternate executor in case your first choice is unable or unwilling to serve.
Step 4: Name a Guardian for Minor Children
If you have children under 18, this may be the most important decision in your entire will. You need to name who will raise your children if both you and your co-parent are gone.
Consider the person’s values, parenting style, financial stability, location, age, and their relationship with your children. Talk to them before naming them. This is not a decision to spring on someone after the fact.
Name an alternate guardian as well. Life circumstances change.
Step 5: Consider a Trust for Minor Beneficiaries
If you are leaving assets to minor children, you should not leave them outright. Minors legally cannot inherit property directly. A court will appoint a guardian of the estate to manage the assets until the child turns 18, which is a costly process.
Instead, set up a testamentary trust within your will. This trust holds the assets for your children and specifies a trustee (a responsible adult) to manage them. You can set an age at which the child receives the full inheritance — many parents choose 21, 25, or even 30.
Step 6: Write the Will
You have several options for creating the actual document:
Hire an Estate Planning Attorney
The most comprehensive option. A licensed attorney drafts your will, ensures it meets your state’s requirements, and can create additional documents like a power of attorney and healthcare directive. Cost typically runs from $300 to $1,500 depending on complexity and location.
Use Online Will Software
Platforms like Trust & Will, LegalZoom, and Willing create legally valid wills for far less. Prices range from $39 to $200. These work well for straightforward estates without complex assets or blended families. They walk you through the questions and generate a document ready to sign.
Write Your Own (Holographic Will)
Some states accept holographic wills — handwritten and signed by you, with no witnesses required. This is legal in about half of US states. While it is better than nothing, handwritten wills are more likely to be challenged or invalidated. Use this only as a last resort.
Step 7: Sign the Will Properly
For a will to be valid, it must be:
- Signed by you (the testator)
- Witnessed by at least two people (in most states) who are not beneficiaries
- Notarized in some states (not always required, but recommended)
Requirements vary by state. Look up your specific state’s laws or use an attorney to be sure.
Step 8: Store the Will Safely
A will does no good if nobody can find it. Store the original in a fireproof safe at home or with your attorney. Tell your executor exactly where it is. Do not store it in a safety deposit box alone, because access can be difficult after death.
Keep a copy for yourself and give a copy to your executor. Update your will if your life circumstances change significantly (marriage, divorce, new children, major asset changes).
What a Will Cannot Do
- Override beneficiary designations on retirement accounts or life insurance
- Leave assets in joint tenancy to someone other than the joint tenant
- Make binding arrangements for pets (though you can establish a pet trust separately)
- Direct end-of-life medical decisions (that requires a healthcare directive)
Will vs. Trust: Which Do You Need?
| Factor | Will | Living Trust |
|---|---|---|
| Goes through probate | Yes | No |
| Privacy | Becomes public record | Stays private |
| Cost to set up | Lower | Higher |
| Effective when | After death | Immediately (and after death) |
| Names guardian for children | Yes | No (need a will for this) |
Many estate planning attorneys recommend both: a will as a safety net to catch anything not in the trust, and a revocable living trust for your main assets to avoid probate.
Frequently Asked Questions
How often should I update my will?
Review your will every three to five years and after major life events: marriage, divorce, birth of a child, death of a beneficiary or executor, or a significant change in assets.
What happens if I die without a will?
Your estate goes through intestate succession, which means state law determines who inherits your assets. This process can take one to three years, costs money in legal fees, and the result may not match your wishes at all.
Do I need a lawyer to write a will?
Not necessarily. Online services can create legally valid wills for simple estates. But if you have a blended family, business interests, or complex assets, an attorney is worth the cost to avoid errors.
Is a handwritten will legal?
In about 25 US states, holographic wills (fully handwritten and signed) are legal without witnesses. However, they are easier to challenge and may not hold up in court. A formally witnessed and notarized will is always stronger.
Can I leave money to my pet?
Not directly. Pets cannot legally own property. You can leave money to a person on the condition that they care for your pet, or set up a pet trust in states that allow them to make the arrangement legally binding.