A will is a legal document that says who gets your property when you die and, if you have children, who takes care of them. Without a will, a court makes those decisions under your state’s intestacy laws — and the outcome may not match your wishes. Writing a will is not complicated. Here is how to do it.
Why You Need a Will
Most people think wills are for the elderly or wealthy. They are not. If you have a bank account, a car, any personal property, or children, you need a will. Without one:
- Your assets go through probate court, which can take months or years and costs money in legal fees
- The state distributes your assets according to a default formula — spouse, then children, then parents, then siblings — which may not match what you want
- If you have minor children, a court (not you) decides who raises them
- Unmarried partners receive nothing unless specifically named
A will takes 1–2 hours to complete. Online tools make it faster. The cost ranges from $0 (if you write it yourself) to $30–$100 using an online service, to $300–$1,000 if you use an attorney for a complex estate.
What a Will Can and Cannot Do
A will can:
- Name who receives your property (your “beneficiaries”)
- Name a guardian for your minor children
- Name an executor — the person responsible for carrying out your wishes
- Specify your funeral and burial preferences
- Leave specific items to specific people
A will cannot:
- Override beneficiary designations on retirement accounts (401k, IRA), life insurance, or bank accounts with designated beneficiaries — those pass directly regardless of what your will says
- Avoid probate — property in your will still goes through the probate process
- Manage assets held in a living trust
This is why beneficiary designations on your financial accounts are just as important as your will. Review them annually and after any major life change.
How to Write a Will: Step by Step
Step 1: Take Inventory of Your Assets
List everything you own that has value:
- Real estate
- Bank and investment accounts
- Vehicles
- Retirement accounts (401k, IRA)
- Life insurance policies
- Personal property (jewelry, artwork, electronics, furniture)
- Digital assets (cryptocurrency, PayPal, domain names)
Note which assets already have beneficiary designations — those pass outside of your will.
Step 2: Decide Who Gets What
Name your beneficiaries and what each receives. Be specific. “My car to my sister Jane Smith” is clearer than “my car to my sister.” Include contingent beneficiaries — the people who receive an asset if the primary beneficiary dies before you do.
Step 3: Choose a Guardian for Minor Children
If you have children under 18, name a guardian who will raise them if both parents are gone. Talk to the person first — do not surprise them. Also name a backup guardian in case your first choice cannot serve.
Step 4: Name an Executor
Your executor (also called a personal representative) handles your estate after you die — paying final debts, filing taxes, distributing assets, and closing accounts. Choose someone organized and trustworthy. It is often a spouse, adult child, or close friend. Name a backup executor as well.
Step 5: Write the Will Document
You have three options:
- Handwritten (holographic) will: Entirely written by hand, signed, and dated. Valid in about 25 states. Simple and free, but higher risk of errors and challenges.
- Online will service: Services like Trust & Will ($199 for a complete estate plan) or LegalZoom ($89–$149 for a basic will) walk you through a Q&A and produce a legally valid document. Best for most people with straightforward estates.
- Estate planning attorney: Best for complex situations — blended families, business ownership, significant assets, special needs dependents, or if you want a trust alongside your will. Expect $300–$1,000 for a simple will, $1,500–$3,000 for a full estate plan with trust.
Step 6: Sign with Witnesses
Most states require your will to be signed in front of two witnesses who are not beneficiaries. Some states also require a notary. Witnesses confirm that you signed willingly and were of sound mind.
A self-proving affidavit — a notarized statement from witnesses — makes the probate process faster because the court does not need to track down witnesses later. Most online services include this.
Step 7: Store It Safely and Tell Someone
Store the original signed will somewhere safe but accessible — a fireproof safe, a safe deposit box, or with your attorney. Tell your executor exactly where it is. A will that cannot be found is almost as bad as no will at all.
Make copies for your records. Do not alter or mark up the original — any handwritten changes to a typed will can invalidate the entire document or just the changed portion, depending on your state.
When to Update Your Will
Review and update your will after any major life change:
- Marriage or divorce
- Birth or adoption of a child
- Death of a named beneficiary, executor, or guardian
- Major change in assets (bought a home, received an inheritance)
- Moving to a different state
As a general rule, review your will every three to five years even without major changes.
A will is one piece of an estate plan. Pair it with updated beneficiary designations on your retirement accounts and insurance, a durable power of attorney, and a healthcare directive. For protecting your family’s financial security while you are alive, see our guide to term life vs whole life insurance and disability insurance.
Frequently Asked Questions
Is a will legally required?
No. A will is not required by law. But dying without one (called dying intestate) means the state distributes your assets by formula and a court decides who raises your children. Most people would prefer to make those decisions themselves.
Does a will avoid probate?
No. Property left through a will goes through probate court. To avoid probate, you need to hold assets in a living trust, name beneficiaries directly on accounts, or use joint ownership. A revocable living trust is the main tool people use to avoid probate, though it costs more to set up than a will alone.
Can I write my own will without a lawyer?
Yes, in most states. A handwritten (holographic) will or an online will service is valid for straightforward estates. If you have a blended family, significant assets, business interests, or want to create a trust, an estate planning attorney is worth the cost.
What happens to my will if I get divorced?
In most states, divorce automatically revokes any gifts or appointments to your former spouse in your will. But the rest of the will remains valid. It is still best practice to write a new will after a divorce so that everything reflects your current wishes clearly.
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