Let’s face it: thinking about death is uncomfortable. But writing a will isn’t about you—it’s about protecting the people you love. Imagine your family stuck in court battles, paying hefty legal fees, or fighting over sentimental heirlooms because you didn’t leave clear instructions. Scary, right?
The truth is, how to make a will is simpler than most people think. Whether you’re 25 or 75, own a mansion or a modest savings account, this guide will walk you through writing your will step-by-step. You’ll learn what to write in a will, how to avoid common mistakes, and even get free templates to start today.
If you skip writing a last will and testament, your state’s “intestacy laws” take over. This means:
- A judge decides who inherits your assets (even people you dislike).
- Your partner might not get everything if you’re unmarried.
- Minor children could end up in foster care temporarily.
- Probate court delays asset distribution by months or years.
Example: Sarah, a 32-year-old teacher, died suddenly without a will. Her $200,000 life insurance went to her estranged father instead of her live-in partner of 8 years. All because she never updated her beneficiary forms.
- Control: Choose exactly who gets what, from your home to your Pokémon card collection.
- Protect minors: Legally appoint guardians for your kids.
- Reduce family conflict: Clear instructions prevent arguments.
- Support causes: Leave donations to charities or nonprofits.
- Simplify probate: Speed up the legal process for loved ones.
Before drafting a will, list everything you own. This includes:
- Physical property: Homes, cars, jewelry, art.
- Financial assets: Bank accounts, stocks, retirement funds.
- Digital assets: Crypto wallets, social media accounts, domain names.
- Sentimental items: Family photos, heirlooms, vinyl records.
💡 Pro Tip: Use apps like Everplans or Google Sheets to organize your inventory.
Beneficiaries are the people/organizations who inherit your assets. Be specific to avoid confusion:
- Primary beneficiaries (first in line).
- Contingent beneficiaries (backups if your primary dies before you).
Example: “I leave my 2018 Toyota Camry to my sister, Jane Doe. If Jane predeceases me, the car goes to my nephew, John Smith.”
Your executor is the person who manages drafting a will and ensures your wishes are honored. Choose someone:
- Trustworthy and organized.
- Willing to take on the role (ask them first!).
- Familiar with legal/financial tasks (or hire a professional).
⚠️ Note: Executors can be paid from your estate for their time.
If you’re a parent, setting up a will is the only way to legally name guardians. Consider:
- The guardian’s values, parenting style, and location.
- Backup guardians in case your first choice can’t serve.
- Financial support for guardians (e.g., via a trust).
Your estate must pay outstanding debts and taxes before distributing assets. Specify in your will:
- Which assets should cover these costs (e.g., sell a property).
- How to handle student loans, credit cards, or mortgages.
Now it’s time to write your will. You have three options:
- DIY: Use online templates (FreeWill, LegalZoom) for simple estates.
- Hybrid: Software like Trust & Will for guided, state-specific forms.
- Attorney: Hire a lawyer if you have complex assets, businesses, or blended families.
📝 Free Template: [Link to a basic will template here]
What to write in a will goes beyond money. Consider:
- Funeral wishes: Burial vs. cremation, memorial service details.
- Pet care: Who inherits Fluffy? Include funds for their care.
- Digital legacy: Passwords for email, social media, or Bitcoin.
To make your legal will valid:
- Sign it in front of 2–3 adult witnesses (not beneficiaries!).
- Get it notarized if required by your state (check local laws).
- Avoid handwritten changes—create a new version instead.
Keep the original in a fireproof safe, bank lockbox, or with your attorney. Share copies with:
- Your executor.
- Close family members.
- Guardians (if applicable).
Life changes fast. Revisit your last will and testament after:
- Marriage, divorce, or remarriage.
- Birth/adoption of a child.
- Major purchases (home, car, business).
- Death of a beneficiary or executor.
When to write a will isn’t about age—it’s about responsibility. Start writing my will if you:
- Own anything (even a $5,000 savings account).
- Have kids, pets, or dependents.
- Want to leave gifts to friends, charities, or causes.
- Own a business or side hustle.
Case Study: Mike, 28, wrote a will after buying his first car. When he died in an accident two years later, his parents avoided probate and used his savings to fund a scholarship in his name.
❌ “I leave my money to my family.”✅ “I leave 50% of my savings to my spouse and 50% to my local animal shelter.”
- List cryptocurrency keys, NFTs, and online accounts.
- Use a password manager like LastPass to share access securely.
A family will from 2010 won’t account for your new spouse, stepkids, or Tesla stock.
Free templates work for simple estates, but hire a lawyer if you:
- Own multiple properties.
- Have children from a previous marriage.
- Want to disinherit someone.
Each state has different rules for writing a legal will. For example:
- Louisiana requires notarization.
- California allows holographic (handwritten) wills.
Your fun-loving cousin might throw a great party, but can they handle court paperwork?
If no one can find your last will and testament, it’s as if it never existed.
- DIY: 0–0–150 (online templates).
- Attorney: 300–300–1,200 (depending on complexity).
Yes! Many states recognize DIY wills. But hire a pro if:
- You own a business.
- You have assets in multiple countries.
- You’re in a contested family situation.
- Codicil: A minor amendment (requires witnesses).
- New Will: Best for major changes—write “I revoke all prior wills” at the top.
Yes, but explicitly state it: “I intentionally leave nothing to my brother, John Doe.” Otherwise, they might contest the will.
- Will: Takes effect after death, goes through probate.
- Trust: Manages assets during and after your life, avoids probate.
- FreeWill: Simple, free templates for basic wills.
- LegalZoom: Affordable attorney-reviewed options.
- Nolo’s Quicken WillMaker: Downloadable software for $99.
How to write a last will and testament isn’t just about legal jargon—it’s about leaving love, clarity, and security for your family. Whether you’re drawing up a will in your 20s or updating one in retirement, the peace of mind is priceless.
Don’t wait for “someday.” Grab a coffee, block an hour this weekend, and start writing out a will. Your future self (and your loved ones) will thank you.