Most people picture a solicitor’s office and a long bill. In reality, for a straightforward estate, the work needed to write a will is an afternoon at the kitchen table. The legal requirements needed to write a will are short, the decisions are ones you already know the answers to, and the part that most often goes wrong is not the wording at all — it is the signing.
Here are the eight steps to write a will in order, what makes the document actually valid, and where a lawyer genuinely earns their fee. If you have not yet decided whether you need one at all, our guide on dying without a will sets out what your state does on your behalf if you skip it.
1. List what you own
You cannot write a will sensibly until you know what there is to give. Write a rough inventory: property, vehicles, bank and investment accounts, retirement plans, life insurance, business interests, and the personal items that carry meaning rather than value. Approximate figures are fine — this is a working list, not a valuation.
2. Note what will not pass through the will at all
This surprises people who sit down to write a will for the first time. Life insurance, retirement accounts, payable-on-death bank accounts, and jointly held property with right of survivorship go directly to the named person and ignore your will completely. If an old policy still names an ex-spouse, that is who receives it, whatever your will says. Check every beneficiary designation before you write a word.
3. Decide who gets what
When you write a will, be specific and use full names. “My children equally” is workable; “my nephew” is not, if you have three. Name a backup for each significant gift in case a beneficiary dies before you. And decide deliberately about anyone the law would not include — an unmarried partner, a stepchild you never adopted, a close friend, a charity.
4. Name a guardian if you have children
For parents this is the single most important reason to write a will at all. A will is where you nominate who raises your minor children, and judges give that nomination serious weight. Without it, a court chooses among whoever comes forward. Name a first choice and an alternate, and ask them both first.
5. Name your executor
The executor gathers assets, pays debts and final taxes, and distributes what remains — typically a year of steady administration. Choose for temperament rather than birth order, name at least one backup, and tell them before you write it down. Our guide to choosing an executor covers what the job actually involves, and the CFPB’s guidance on managing someone else’s money sets out the fiduciary duties they take on.
6. Write a will yourself, or use a kit
For a simple estate, a will-writing kit or a reputable online service is enough, and both walk you through the required clauses. If you own a business, hold property in several states, have a blended family, or expect a dispute, use an attorney — the fee is trivial next to a contested estate. The National Institute on Aging’s overview of legal and financial planning is a sober starting point for what to have ready before any appointment.
7. Sign it properly — this is where wills fail
It is not enough to write a will and put it away. You must sign the document, and in most states two adult witnesses who are not beneficiaries must watch you do it and then sign themselves. Not “sign it later at home“. Not “my daughter who inherits the house”. Many states disqualify a witness who stands to gain, and a will witnessed by beneficiaries can be thrown out entirely. Where your state allows it, attach a notarised self-proving affidavit so your executor never has to hunt down witnesses years afterwards.
8. Store the original where it will be found
Once you write a will, courts generally want the signed original, not a photocopy or a scan. Keep it flat and dry — a document sleeve for the signed original inside a fireproof document bag works well — and tell at least two people where it is. Avoid a bank safe-deposit box your executor cannot open quickly after a death, which is a common and genuinely costly mistake.
What a will does not cover
A will distributes property, and that is all it does. It says nothing about where your documents are, which banks hold your accounts, your medical wishes, your funeral preferences, or the logins your family will need. Those live in a separate record — that is exactly the distinction our comparison of a planner vs will is about, and it is why a guided workbook such as the I’m Dead, Now What? planner sits alongside the legal document rather than replacing it.
The mistakes that cause real damage
Four mistakes come up repeatedly when people write a will without advice. Letting beneficiaries act as witnesses, which can void the whole document. Leaving stale beneficiary designations on policies and retirement accounts, which quietly override everything you wrote. Being vague — “my jewellery to be divided fairly” has started more family arguments than any other sentence in estate planning. And writing a perfectly good will, then storing it somewhere nobody knows about.
A fifth, subtler one: never revisiting it. A will drafted before a divorce, a second marriage, or a move to another state can produce an outcome you would find appalling. Reviewing it takes twenty minutes; leaving it for fifteen years can undo the whole point.
What happens afterwards
Your executor files the will with the probate court, is formally appointed, and works through the estate — notifying institutions, valuing assets at the date of death, settling debts, filing a final tax return, and distributing what remains. The IRS page for a deceased person covers the filing obligations that continue into the following year.
None of that requires you to have understood probate before you write a will. It does require them to be able to find the will, know who to call, and see what exists. The clearer you make those three things now, the shorter and cheaper the whole process becomes.
One last practical note. Keep a plain list of where every related document sits — the will, the deeds, the policies, the beneficiary forms — because a will is only the instruction sheet, and an executor still has to find the things it refers to.
The short version
To write a will: inventory what you own, check what passes outside the will, decide who gets what in specific terms, name a guardian and an executor with backups, use a kit or an attorney depending on complexity, sign it in front of two disinterested witnesses, and store the original somewhere findable. Then tell someone. That sequence is the whole job, and it is genuinely one afternoon.
Frequently asked questions
Can I write a will myself without a lawyer?
In most states, yes. A will you write yourself is valid if you are of sound mind, name your beneficiaries clearly, and sign it correctly in front of the required witnesses. Use a lawyer when the estate is complex — a business, property in more than one state, a blended family, a beneficiary with special needs, or anything you expect to be contested.
What makes a will legally valid?
Four things, broadly: you must be a legal adult of sound mind, the document must clearly show it is intended as your will, it must be signed by you, and it must be witnessed as your state requires — usually two adults who are not beneficiaries, watching you sign. Some states also allow or require notarisation. Get the signing wrong and the wording does not matter.
Does a will have to be notarised?
Notarisation is not required in most states, but a notarised “self-proving affidavit” attached to the will can save your executor from having to track down witnesses years later to confirm the signature. It is cheap, quick, and worth doing where your state allows it.
How often should I update my will?
Review it after any major life change — marriage, divorce, a birth, a death, a house move to another state, or a significant change in what you own. Small changes can be made by a codicil, but rewriting the whole will is usually cleaner and cheaper than layering amendments on top of each other.
If you’d like a ready-made place to gather everything above, the I’m Dead, Now What? planner keeps it together in one guided book.
This article is for general informational purposes only and is not legal, financial, tax, or medical advice. Rules vary by state and change over time; please consult a qualified professional about your specific situation.