What Is a Will? A Plain-English Guide to How to Make a Will
Most people know they should make a will, yet most put it off. The paperwork sounds complicated, the topic is uncomfortable, and there always seems to be something more urgent. This guide explains what a will is, what it does, and how to make a will in the United States, step by step and without legal jargon.
What is a will?
A will, sometimes called a last will and testament, is a legal document that says what should happen to your property and your responsibilities after you die. When you make a will, you decide who receives your home, savings, belongings and sentimental items, instead of leaving those choices to a court and to your state's default rules.
A will can do more than divide property. It can name an executor, the person who carries out your instructions, and it can name a guardian for your minor children. For many parents, that second part is the main reason to make a will at all.
Why you should make a will
If you die without a will, you die "intestate," and state law decides who inherits. Those rules usually favor a spouse and children, but they follow a fixed formula. They do not know that you wanted your sister to have the family home, or that you wanted a friend to look after your dog. When you make a will, your wishes replace the formula.
A will also reduces conflict. Grieving families disagree more when nobody knows what you wanted. A clear document, made while you are healthy and thinking calmly, gives your loved ones direction at a very hard time. That is why so many advisers say the best time to make a will is before you feel you need one.
What can you include when you make a will?
When you make a will, you can usually cover the following:
- Beneficiaries: the people or organizations who receive your assets, including charities.
- An executor: the person who pays debts, files paperwork and distributes your property. Many states call this role a personal representative.
- Guardians: who would raise your minor children if both parents were gone.
- Specific gifts: jewelry, a car, a photo collection, or a sum of money for a particular person.
- Backup choices: what happens if a beneficiary or executor cannot serve.
One important limit: some assets pass outside your will. Retirement accounts and life insurance policies usually go to the beneficiaries named on those accounts, and jointly owned property often passes to the surviving owner. So when you make a will, also review your account beneficiary designations so they match your plan.
How to make a will, step by step
You do not need to be a lawyer to understand the process. In simple terms, here is how to make a will:
- List what you own. Write down your home, bank accounts, investments, vehicles, digital accounts and valuable belongings. A rough list is enough to start.
- Decide who gets what. Name your beneficiaries and think about backups. This is the heart of the decision when you make a will.
- Choose an executor. Pick someone organized and trustworthy, and ask them first. Name an alternate.
- Name a guardian if you have children. Talk with the person you have in mind so it is not a surprise.
- Write the will. You can use an attorney, a will-making tool, or a guided generator. Whichever route you choose, the wording should be clear and complete.
- Sign it correctly. This is where many people go wrong. Most states require signing in front of witnesses, and some also use a notary or a self-proving affidavit. Do not skip this step.
- Store it safely and tell someone. A will nobody can find does not help anyone. Keep the original in a safe place and make sure your executor knows where it is.
Witnesses, notaries and state rules
This is the most important thing to understand if you plan to make a will on your own: the rules depend on your state. Many states require two witnesses who watch you sign and who are not beneficiaries. Some states accept a notarized "self-proving affidavit," which can make the probate process smoother. Some states accept handwritten wills and others do not. Because of these differences, always check your state's requirements before you sign.
If your situation is simple, a careful written will may be enough. If you own a business, have property in several states, have a blended family, or expect a large estate, it is wise to speak with an estate planning attorney before you make a will.
What about a video will?
A video will is a recorded message in which you explain your wishes in your own words. It cannot replace a properly signed written will in most situations, but it can be a meaningful companion to one. A video lets you say why you made certain choices, thank the people you love, and share values that a legal document cannot capture. Think of the written will as the instructions and the video as the explanation. Many people find that when they make a will and also record a message, their families feel more at peace.
Common mistakes when you make a will
- Not signing with the right number of witnesses.
- Forgetting to name backup beneficiaries or a backup executor.
- Leaving the will unchanged after a marriage, divorce, birth or death in the family.
- Ignoring beneficiary forms on retirement accounts and insurance policies.
- Losing the document, or never telling anyone where it is.
How often should you update your will?
Review your will every few years and after any major life event. A marriage, divorce, new child, move to another state, or a large change in your finances are all good reasons to revisit it. The goal is simple: whenever life changes, your will should still match your wishes. Updating is also easier than most people expect once you have taken the first step to make a will.
Start today
You do not have to do everything in one sitting. Start by listing your assets, choosing your executor and thinking about who should care for your children. Then take the next step and make a will in a way that fits your situation and your state's rules. A written will that is signed correctly, plus a few words recorded for the people you love, is one of the kindest things you can leave behind.