How to Make a Will: 8 Steps to a Legally Valid Will

Before You Start: What a Will Can and Cannot Do

A will tells a probate court who should receive your property, who should manage your estate, and who should raise your minor children. It controls only the property that passes through probate. Retirement accounts, life insurance, and accounts with a named beneficiary go to the person on the form, no matter what your will says. See what a will covers for the full picture.

If you die without a valid will, your state decides all of this for you. That outcome is often not what people want, especially for unmarried partners, stepchildren, and close friends. Read what happens if you die without a will if you want the details.

Many people also wonder whether they need a living trust instead. Most people with a trust still need a will, and a simple estate may need only a will. Our will vs. living trust guide explains the difference.

Step 1: Confirm You Can Make a Will

Under the Uniform Probate Code, a person who is 18 or older and of sound mind may make a will. Utah's version states it exactly that way, and most states set the same age.

"Sound mind" means you understand that you are making a will, what you own, and who your family members are. Courts look at this when someone contests a will. If a health condition could raise questions, sign while you are well.

Step 2: Decide What Your Will Needs to Say

Before you open any form, write down your answers to these questions. They are the content of your will.

• Who gets what? List the people or organizations you want to receive your property. Use full legal names and your relationship to each one.
• Who is your executor? This person files the will with the court and carries out your wishes. Name a backup too. See what an executor does before you ask someone.
• Who will be guardian of your minor children? A will is the usual place to name a guardian, along with a backup. Read guardianship for minor children first.
• What happens to the rest? A "residuary" clause says who receives everything not specifically listed. Without it, forgotten assets can pass under your state's intestacy rules.
• What if a beneficiary dies first? Name an alternate for each major gift.

Next, check which of your assets the will actually controls. Accounts with a named beneficiary, jointly owned property with survivorship rights, and assets already in a trust pass outside the will. Matching those forms to your wishes is as important as the will itself.

If you are married, know that a surviving spouse has legal rights in many states, even when a will leaves them less. Our surviving spouse rights guide covers the basics.

Step 3: Choose How to Create Your Will

There are three common routes. The costs are typical ranges, not quotes.

Online services such as Trust & Will walk you through each choice and produce a document that follows your state's signing rules. They cannot advise you on a complicated situation. For a closer look at online options and free state forms, see how to make a will online. An attorney also makes sure the will is signed correctly, which is the step where most errors happen.

We may earn a commission if you use a service linked above, at no added cost to you — see our affiliate disclosure.

A handwritten will, called a holographic will, is valid only in states that accept them. Under the Uniform Probate Code, it can be valid when the signature and the material parts are in your own handwriting, even without witnesses. Because other states reject them and courts often scrutinize them, a typed and witnessed will is the safer choice.

Step 4: Draft the Will

Whether you use a template, a service, or an attorney, a complete will normally includes these parts:

1. Opening statement. Your full legal name, your county and state, and a line saying this is your last will and that it revokes earlier wills.
2. Family details. Your spouse and children, so there is no question about who they are.
3. Executor. Your choice and your backup.
4. Guardian. For minor children, your choice and your backup.
5. Specific gifts. Particular items or amounts to named people.
6. Residuary clause. Who receives everything else.
7. Signature block and witness section. The lines for you and your witnesses to sign.

Write plainly and be specific. "My grandfather's pocket watch to my nephew, Daniel James Carter" works better than "my watch to my nephew." Avoid conditions that are hard to verify or that require a beneficiary to do something illegal. Never write changes by hand on a signed will, because handwritten marks can cause confusion or invalidate part of it.

Step 5: Sign It With the Right Formalities

A will that is not signed correctly can be rejected, even if everyone knows what you wanted. The general rule under the Uniform Probate Code is that a will must be in writing, signed by you (or by someone else at your direction, in your presence), and signed by at least two people who each witnessed you sign or heard you acknowledge the signature or the will.

Choosing witnesses

Pick two adults who are not beneficiaries and who will be easy to reach later. Whether a beneficiary may witness your will differs by state. In Utah, which follows the Uniform Probate Code, an interested witness does not invalidate the will or any gift in it. Other states may treat an interested witness differently, so do not use a beneficiary or a beneficiary's spouse as a witness in any state.

State differences to check

• Signing together. The Uniform Probate Code lets witnesses sign within a reasonable time after watching you sign or acknowledge the will. Vermont is stricter: you sign in front of two or more credible witnesses, and they sign in front of you and each other. The safest habit is to gather everyone in one room and sign together.
• Louisiana. Its standard notarial testament must be signed in front of a notary and two competent witnesses, with a specific declaration signed by all of them. The Civil Code says a testament that misses these formalities is null.
• Notarized wills. Colorado, for example, accepts a will acknowledged before a notary as an alternative to two witnesses. Most states do not, so do not rely on a notary alone unless your state's law says so.
• Electronic signing. Rules for electronic wills vary widely. Do not sign online or in a video call unless your state clearly allows it.

For more on this topic, see does a will have to be notarized? To confirm your state's rules, check your state legislature's website or your state's probate court website.

Step 6: Add a Self-Proving Affidavit

A self-proving affidavit is a short sworn statement signed by you and your witnesses in front of a notary. It states that you signed willingly, that you were of sound mind and at least 18, and that no one pressured you. In Utah, for example, it is signed before an officer authorized to administer oaths.

Without one, the court may need testimony or statements from your witnesses when the will is filed. With one, the court can often accept the will without finding the witnesses, which saves time and stress for your family. Most online services and attorneys include it. If yours does not, ask for it.

Step 7: Store the Will and Tell Your Executor

A will no one can find does not help anyone. Courts usually need the original signed document, so keep it somewhere safe and reachable.

• A fireproof box or safe at home works if your executor knows where it is and how to open it.
• Your attorney can hold the original and keep a copy on file.
• A safe deposit box is secure, but in many states a bank seals the box when the renter dies, and opening it can require a court order or probate paperwork. If you use one, find out how your executor would get in.

Tell your executor where the original is. Keep a copy with your other important papers, and record the location on our emergency information list. Families who cannot find a will often use our guide on how to find a will after someone dies, which is a stressful search you can spare them.

Step 8: Review, Update, and Revoke Properly

A will is not a one-time task. Review it after any major change: marriage, divorce, a birth or adoption, a death in the family, a large change in what you own, or a move to another state.

To change a will, the safest route is to sign a new will that states it revokes all earlier wills. A legal amendment, called a codicil, generally must be signed with the same formalities as the will itself. Do not cross out lines or write notes on the original.

Marriage and divorce affect wills differently from state to state. Many states cancel gifts to a former spouse after divorce, but do not count on that. Update your will, and your beneficiary forms, as soon as your marital status changes.

Common Mistakes to Avoid

Signing without the right witnesses

A missing or interested witness is the most common reason a will is challenged. Follow your state's rules exactly.

Forgetting the beneficiary forms

A will does not change who receives your retirement accounts or life insurance. Check those forms whenever you update the will.

Naming only one executor or guardian

If the person you choose cannot serve, the court picks someone. Always name a backup.

Leaving the will unfindable

Tell your executor where it is. Otherwise your family may spend weeks searching.

Waiting for the perfect moment

An imperfect but valid will is better than none. If you have children or own a home and have no will, make a simple one now and improve it later.

Frequently Asked Questions