Creating Your Will: Your Guide To Planning Ahead

Last Will & Testament Information Hub

A will is arguably the most important foundational component of an estate plan.

It spells out who should receive what, names guardians for children or pets, and helps make sure your final wishes are carried out. Whether you’re creating your first draft or dusting off an old one, this Information Hub breaks down what a will actually does, what it doesn’t, and how to make sure yours is legally valid and easy to find when it matters most.

Before we get into the details, here’s what to remember:

  • Wills aren’t one size fits all. Your will should reflect your life, your relationships, and your decisions.
  • You can create a will on your own. You can create your own will as long as it meets your state’s legal requirements, though an attorney can be helpful if your situation is complex or you want extra assurance it’s done right.
  • Wills don’t cover everything. Assets like retirement accounts, life insurance, and jointly owned property usually pass outside your will.
  • State rules matter. Each state has its own rules about what makes a will valid.
  • You can and should update it. Revisit your will after major life changes like marriage, divorce, or the birth of a child.

Wills should be clear, complete, and thoughtfully written. But they don’t have to be set in stone. Life changes, and your will can change with it.

Will Information Hub

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.

What A Will Does (And Doesn't Do)

What A Will Does What A Will Doesn't Do
Distributes probate assets
Avoid probate
Avoid probate
Names guardians for minors Handle healthcare or end-of-life wishes
Appoints an executor Control jointly owned property
Includes personal gifts Cover accounts with named beneficiaries
Can include digital legacy instructions Function as a power of attorney or advance directive

 

Who Needs A Will And When Should You Make One?

The short answer: Almost everyone needs a will, and probably earlier than you think.

You do not need to be wealthy or nearing retirement. If you have children, own anything of value, or want a say in what happens when you’re gone, having a will in place is a smart and simple way to protect the people you care about.

Here are some key times when you should create or revisit your will:

  • When you turn 18
    Once you are legally an adult, your parents can no longer make decisions for you. A basic will, power of attorney, and healthcare directive can give your loved ones guidance in case something unexpected happens.
  • When you get married or divorced
    Marriage changes who is entitled to your estate under the law. Divorce may not automatically remove an ex from your will. If your relationships change, your will should reflect that.
  • When you have children
    This is one of the most important times to write a will. It allows you to name a guardian, decide who manages your children’s inheritance, and make sure they are cared for the way you would want.
  • When you buy a home or gain other assets
    If you purchase real estate, start saving or investing, or build a business, your will helps ensure those assets go to the right people.
  • When your life circumstances change
    Big moves, a serious illness, a new job, an inheritance, or losing a loved one are all signs it’s time to review your plan. State laws and family dynamics can shift — your will should keep up.
  • When someone depends on you
    If a partner, parent, sibling, or even a pet relies on you for support, your will can make sure they are provided for in your absence.
  • When you want to reduce stress for the people you love
    A will gives your family direction when they need it most. It removes uncertainty, prevents disputes, and makes everything easier for the people you leave behind.

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.

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.

Connect With A Lawyer Near You

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.

Find An Online Service Provider

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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.

What Makes a Will Valid in Every State

While each state has its quirks, these are the universal must-haves:

  • Legal Age: You must be at least 18 years old.
  • Sound Mind: You understand what a will is, what you own, who your heirs are, and what this document does.
  • Intent: The document must be clearly meant to serve as your final will (aka: not a draft or informal note).
  • Voluntary Action: You created the will without coercion or undue influence.
  • Written Document: Typed or handwritten (oral wills are almost never accepted).
  • Your Signature: You must sign it (or direct someone to sign it in your presence).
  • Witnesses: Two adults who aren’t beneficiaries must also sign.
  • Date (Strongly Recommended): Helps distinguish it from previous versions.

10 Common Mistakes to Avoid When Drafting A Will

  1. Not updating your will after major life events
    Life changes. You might get married, divorced, have a child, move to another state, or gain or lose significant assets. If your will doesn’t reflect those changes, it might leave out people you care about or include people you no longer want involved. An outdated will can create confusion and unintended consequences.
  2. Forgetting to name a backup executor
    Your primary executor might not be available or willing to serve when the time comes. Without a backup, the court chooses someone to take over. That can delay the process and lead to decisions you might not have agreed with.
  3. Overlooking assets that pass outside the will
    Some of your biggest assets (like retirement accounts, life insurance, and jointly owned property) usually don’t follow your will. If you forget to coordinate your beneficiary designations with your estate plan, those assets might go to the wrong person, regardless of what your will says.
  4. Not following your state’s legal formalities
    Each state has its own rules about how a will must be signed and witnessed. If you don’t follow those rules exactly, your will might be declared invalid, even if your intentions are clear.
  5. Using generic templates without customizing them
    Online templates can be a helpful starting point, but they often use vague or outdated language. If you don’t tailor your will to your specific situation, you risk creating a document that is confusing, incomplete, or unenforceable.
  6. Naming minors as direct beneficiaries
    Children cannot legally inherit property outright. If you leave something directly to a minor without a trust or custodial arrangement, the court will appoint someone to manage it. That process can be expensive, time-consuming, and may not reflect your wishes.
  7. Storing your will in an inaccessible place
    A will that no one can find is as good as not having one at all. If it’s locked in a safe deposit box that your executor can’t access, or buried in a stack of papers, it could delay everything. Always tell someone you trust where the original is kept.
  8. Failing to communicate with your loved ones
    A surprise will often leads to confusion, hurt feelings, and even legal disputes. Letting key people know your intentions ahead of time helps set expectations and reduce the chance of conflict.
  9. Assuming a will covers medical or financial decisions during your lifetime
    Your will only takes effect after you die. It does not give anyone authority to act on your behalf while you’re alive. To cover that, you need a financial power of attorney and an advance healthcare directive.
  10. Forgetting to sign and witness it correctly
    This is one of the most common reasons a will is rejected in probate. If the signing process isn’t done exactly as your state requires, your will may be treated as if it doesn’t exist.

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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.