General legal information for the United States, not legal advice. Read the disclaimer

Last Will and Testament: What It Should Include and How to Make It Valid

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A will states who receives your property, who manages your estate and who cares for your minor children. It must meet your state's signing rules to be valid.

Contents

  • Your name and a statement revoking earlier wills.
  • An executor and a backup.
  • Guardians for children.
  • Specific gifts and a residuary clause for everything else.
  • Alternate beneficiaries.
  • Instructions for debts and funeral wishes if desired.

Validity rules

Most states require a written will signed by you and witnessed by two adults who are not beneficiaries. Some allow handwritten wills, and many allow a notarized self-proving affidavit to simplify probate. Capacity and voluntariness are essential.

Template or lawyer?

A well-built template can work for a simple estate with clear beneficiaries. Consider a lawyer if you have a blended family, a business, significant assets, out-of-state property, a child with special needs or concerns about a challenge.

After signing

  1. Store the original safely and tell your executor where it is.
  2. Update beneficiary designations to match.
  3. Review after marriage, divorce, births, deaths or a move.
  4. Do not alter it by crossing out words. Make a new will or a proper amendment.

Frequently asked questions

Does a will avoid probate?

No. Probate is the process of validating and carrying out a will.

Can I write my own will?

Yes, if you follow your state's rules.

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