How To Write A Will In Just 6 Easy Steps

By Kara | Staff Writer

Jul 20, 2022 @ 12:20 PM MDT

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Learn how to write a will now so you don’t find yourself scrambling later.

girl at desk starting at laptop

Don’t know how to write a will? We’re here to help.

It may be a little unsettling to think about, but your will is one of the most important documents you will ever write. Without a will, the state decides how your assets are divided and who will care for your children or pets. Wouldn’t it be better to make these decisions yourself now and know you secured your family’s well-being? ❤️

The most important tip of will writing is not to procrastinate. Many of us put off this necessary task because thinking about death is a bit unerving. But if you’re finally ready to rip off the bandaid and tackle your will, we’re here to help you do it — and it’s more straightforward than you may think!

How to get started writing a will:

business woman sitting in front of laptop

Determine how you will write your will:

Use an attorney. Going this route is costly, but it ensures you end up with a legally binding document that has all the “i”s dotted and the “t”s crossed. We highly reonlinemend using a lawyer if you would like to reduce estate taxes, ensure legality, or have any onlineplicated situations. onlineplex situations may include owning property in multiple states, being a business owner, having a blended family, or having estranged family members.

Use an online service. These services make the will writing process more affordable and easy. Use their guided templates at your own pace. Just make sure whatever service you choose accounts for federal and state laws. The top 2 that we reonlinemend are Trust & Will (from $159) and LegalZoom (from $249) because they have a legal staff available should you need consultation.

Use a DIY will writing kit. If you don’t have many assets and are okay with having a generic will, you can use a DIY will writing kit like this one from WalterDrake for $22.54. Before using, confirm the forms are legal in your state.

Write it yourself. This is the cheapest way to write a will, but our least reonlinemended. It takes more preparation and effort. Be well versed in state and federal laws before starting and follow our tips to know what you need. Look for state forms online to get an idea of proper wording.

Hip Tip: Don’t use a handwritten will, sometimes called a holographic will. They can be more difficult to enforce.

What to include when writing a will:

1. Have a clear title.

woman on onlineputer

Make no room for mistakes! Let it be very clear that this is your last will and testament. Title your document clearly, make sure it is dated, and indicate it is THE version to execute.

2. Decide which assets to include.

writing near onlineputer how to write a will

This section of your will is for your to divvy up your personal belongings, property, and other assets. You can grant them to one party or your can divide your assets between multiple parties. Check your state laws to know what assets can be included. As the testator, or the one writing the will, you must carefully describe each asset and identify your beneficiaries using their full names. If there is someone specific who should get your favorite emerald earrings, here is where to name them!

If you’re afraid you might have forgotten to list an asset, write a residuary clause. This clause states that any items you forgot to list will go to a specific person, either to a beneficiary of your choice or to your executor.

Hip Tip: Do not include any life insurance policies, 401ks, or jointly owned assets like bank accounts or property. These assets already have designated beneficiaries, ones that will supersede anyone you put in your will. If you need to change the beneficiary, do so on those documents instead.

3. Decide if you want to open a testamentary trust.

man holding $20 cash bills

A testamentary trust is a trust that begins once you die. You’ll decide which assets to transfer to the trust and who the beneficiaries of the trust will be. Creating a testamentary trust is handy if you would like more control over how your assets are used.

You might use this type of trust to limit the amount of money a minor can withdraw until a certain age. Or, you might use this trust if your money has a contingency, likfe if you want to leave money to a grandchild but it can only be used for college tuition. These trusts are optional and not required for you to onlineplete your will.

4. Pick a guardian for your children or pets.

how to write a will: choose a guardian picture of woman and child playing

Custody will typically fall to any living parent. In the event that both parents die, it is wise to choose a guardian. The state will have the final say, but your opinion counts. This is your chance to nominate who you think is the best person to look after your child or pet.

5. Pick an executor.

how to write a simple will

Who do you trust to handle your affairs? An important step when writing your will is to name your executor. Choose someone above the age of 18 that is level-headed, organized, and reliable. This person will notify creditors of your passing, pay any outstanding debts, take your will to the probate court, and make sure all your affairs are settled.

If you’d rather not appoint a person, you can appoint a neutral third party like a bank.

6. Get impartial witnesses to watch you sign.

how to write a will with witnesses a couple on couch with laptop and papers

Each state has its own laws regarding witnesses, but typically you want at least two witnesses to watch you sign your will. It’s best to pick neutral witnesses who do not stand to gain or lose anything from the situation. They will provide their signatures indicating that you had the mental capacity to write your will and they saw you sign it on your own accord. This step is extremely important. Without witnesses, your will is not legally binding.

Hip Tip: Add a self-proving affidavit to your paperwork. This notarized document proves a will’s validity. In many states, this document will be enough to execute your will. Without it, some probate courts may call your witnesses to testify to your will’s legitimacy and that can hold up the inheritance process.

How to maintain your will:

Bush Furniture File Cabinet shown with drawer open

Now that the hard part is over, all you need to do is keep your will someplace safe. Tell your executor where to find the latest copy. Many people store the paperwork in a fireproof safe, at their lawyer’s office, at probate court, or in a security deposit box. It’s a good idea to keep a digital backup, too.

Every few years, review your will for needed updates. Change your will with an amendment, called a codicil, or make a new will entirely. Just don’t forget to have your witnesses sign off on your changes!

Find out about life insurance and whether or not it’s worth it.

About the writer:

Kara is a writer and photographer from the Midwest. Her creative work has appeared in various publications over the past decade. With a background in finance, she loves to be money-savvy.