Creating Your Will: Your Guide To Planning Ahead

Last Will & Testament Information Hub

Will Information Hub

Key Things To Know

A Last Will and Testament is a legal document that outlines how you want your property, responsibilities, and final wishes handled after your death. It helps ensure your intentions are honored and provides clarity and direction for your loved ones.

  • A will names who receives your assets: You can designate specific people, charities, or organizations to inherit property, money, or sentimental items.
  • It allows you to name a guardian for minor children or dependents: This is one of the most important reasons parents create a will. Without a named guardian, the court will decide who takes custody.
  • You appoint an executor to carry out your wishes: This person handles the legal and financial steps after your death, such as paying debts, filing paperwork, and distributing assets.
  • A will only controls assets that go through probate: Property held in joint ownership, living trusts, or accounts with named beneficiaries usually pass outside of the will.
  • Wills must meet state-specific legal requirements: Most states require the document to be in writing, signed by you, and witnessed by two adults. Some may require notarization.
  • If you die without a will, state law decides what happens: This is called dying intestate. Your assets are distributed according to your state’s default inheritance rules, which may not reflect your preferences.
  • You can update your will at any time: Wills should be reviewed after major life events like marriage, divorce, births, deaths, or changes in financial circumstances.
  • A will does not avoid probate: It provides instructions for the court but does not eliminate the need for the probate process itself.
  • Clarity reduces the chance of family conflict: A clearly written and well-communicated will helps prevent confusion, legal disputes, and hurt feelings among surviving family members.
  • You should store your will in a safe and accessible place: Let your executor or trusted loved ones know where to find the original copy when the time comes.

What Is A Will?

A Will, also known as a Last Will and Testament, is a legal document that not only communicates a person’s final wishes regarding the distribution of their assets but also may include instructions for guardianship of minors, care for pets, and other personal directives after their passing.

There Are Three Ways To Create Your Will

Creating a will is a crucial step in estate planning, and there are three main ways to do it: with a lawyer, through an online service, or by doing it yourself. Each option caters to different needs and budgets, offering flexibility to choose what works best for you, depending on your unique circumstances and the complexity of your estate.

When choosing the best way to create your will, consider the following factors:

  • 1

    Size of Your Assets: Larger estates may require more detailed planning and legal expertise.

  • 2

    Family Situation: Unique family dynamics, such as blended families or dependents with special needs, may benefit from professional legal advice.

  • 3

    Complexity of Wishes: If you have specific or complex instructions for asset distribution, a lawyer can help ensure these are accurately reflected in your will.

  • 4

    Budget: Evaluate your budget and choose an option that provides the necessary level of service without compromising on the validity of your will.

  • 5

    Location: Be mindful of your local jurisdiction's legal requirements and ensure that any assistance you receive is knowledgeable about those specific requirements.

Create A Will With A Lawyer's Assistance

Comprehensive estate planning goes far beyond just having a will or a trust. It should also include the collection and management of information your next-of-kin and loved ones may need to carry out your wishes.

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Create A Will With An Online Service

Working with a lawyer provides personalized legal advice and ensures that your will is legally sound and tailored to your specific situation. This option is ideal for those with complex estates, large assets, or unique family situations. While it may be the most expensive option, the peace of mind and comprehensive legal guidance can be invaluable.

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Create Your Will On Your Own (Do-It-Yourself)

Creating a will on your own is the most affordable option and can work well for those with simple estates and clear wishes. There are numerous resources available, including books and online guides, to help you through the process. However, it’s important to ensure that your will meets all legal requirements to avoid any issues down the line.

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Frequently Asked Questions

A Last Will and Testament is a legal document that lets you decide who inherits your property, who cares for your minor children or dependents, and who should carry out your wishes after you die.

Yes. A will isn’t just about money—it helps you name guardians, distribute sentimental items, and avoid confusion or conflict among loved ones. Even a simple will can save your family time and stress.

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If you die without a will (called dying intestate), state law decides who inherits your assets. This may not match your preferences and can leave out important people or causes you care about.

A will outlines what happens after you die. A living will (part of an advance directive) states your medical care preferences if you become unable to speak for yourself.

In many states, you can create a valid will without a lawyer, especially if your situation is simple. However, legal guidance can help make sure it meets state requirements and avoids future challenges.

Choose someone responsible, organized, and trustworthy. They’ll be in charge of handling your estate after you pass, including paying bills, filing paperwork, and distributing assets.

No. Assets like retirement accounts, life insurance, and jointly owned property typically pass directly to named beneficiaries or co-owners and aren’t governed by your will.

Yes. You can revise or replace your will at any time, as long as you are mentally competent. Updates are especially important after major life events like marriage, divorce, or the birth of a child.

Most states do not require notarization for a will to be valid, but having it notarized as a “self-proving will” can make probate faster and easier.

Store the original in a safe, fireproof location, and make sure your executor knows where to find it. Some people keep it with their attorney, while others use a secure home file or digital storage with backups.

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Disclaimer: The information provided on this website and by Buried in Work is for general informational purposes only and should not be considered legal advice. Please consult with a qualified attorney or subject matter expert for advice specific to your situation.