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
- Store the original safely and tell your executor where it is.
- Update beneficiary designations to match.
- Review after marriage, divorce, births, deaths or a move.
- 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.