How to Write a Will - step by step process guide

How to Write a Will

6 steps 2h 0min Beginner

Half of US adults don't have a will. Dying without one means the state decides who gets your stuff. For most people, an online will service ($60-150) is enough. Estates over $1M, real estate in multiple states, or blended families need a lawyer.

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Step-by-Step Instructions

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Step 1: Decide: online service or lawyer

Simple estate (single person, no kids, under $500k): online service ($60). Complex (kids, multiple properties, business): lawyer ($500-2000).

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Trust & Will ($159, comprehensive)

Will + power of attorney + healthcare directive. Most-recommended online service.

$159 View Details
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FreeWill (free, basic)

Free basic will. Best if simple estate.

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Local estate attorney ($500-2000)

Complex estates, special needs trusts, business succession.

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Step 2: Name an executor

Person who handles your estate. Pick someone responsible, ideally living nearby. Discuss with them before naming.

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Spouse, adult child, or close friend

Trusted person. Discuss the role with them first.

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Name a backup executor too

If primary can't serve. Common mistake to skip this.

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Step 3: List assets and beneficiaries

Real estate, bank accounts, investments, valuable possessions. For each: who gets it. Don't overlook digital assets (crypto, online accounts).

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Don't forget digital assets

Crypto wallets, online accounts, photo libraries. Specify access method.

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Some assets bypass the will (retirement, life insurance)

Those use named beneficiaries directly. Make sure those are current.

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List by asset type with beneficiary

House to spouse, retirement accounts to kids equally, etc.

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Step 4: Name guardian for minor children

Most important reason for parents to have a will. Without guardian named, court decides.

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Pick guardian + backup

Discuss with them before naming.

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Separate guardian for finances vs. care (optional)

Trust a sibling with raising kids but not money? Name separate people.

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Step 5: Sign with 2 witnesses (or notary)

Most states require 2 adult witnesses NOT named in the will. Some allow self-proving with notary.

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2 witnesses not named in will

Neighbors, coworkers. They watch you sign, sign themselves.

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Self-proving affidavit + notary

Some states allow. Eliminates needing witnesses to testify if challenged.

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Step 6: Store will + tell executor where

Lost wills are not enforceable. Store original in fireproof safe or with attorney. Tell executor exactly where it is.

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Fireproof safe at home + copy to executor

Original at home. Photocopy or digital copy with executor.

$80 one-time View Details
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Update after major life events

Marriage, divorce, kids, big asset purchases. Revisit every 5 years.

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