Write a Simple Will
Secure your legacy. Learn the basics of drafting a valid will without a lawyer for simple estates.
A Last Will and Testament is a legal document that communicates your final wishes regarding your property and dependents. While complex estates require a lawyer, many people with simple assets (house, car, bank accounts) can draft their own will. This process ensures your assets go to the people you choose, rather than being distributed by state default laws.
⚠️ Important Considerations
- This guide is for simple estates only (usually under the federal estate tax threshold).
- If you have a business, a blended family, a child with special needs, or want to disinherit a close relative, you MUST consult an attorney.
- Handwritten (holographic) wills are not legal in all states.
- Joint wills (one document for two spouses) are generally discouraged; create separate wills.
Step-by-Step Guide
1. Inventory Your Assets and Debts
Make a comprehensive list of what you own (real estate, vehicles, bank accounts, stocks, sentimental items). Also list significant debts. Note: Assets with named beneficiaries (like life insurance, 401ks, and Payable-on-Death accounts) pass outside of a will and do not need to be listed.
2. Choose Your Beneficiaries
Decide specifically who gets what. You can leave specific items ('my 1969 Ford Mustang to my nephew John') or percentages of your 'residuary estate' ('50% of all remaining property to my spouse'). Always name 'contingent beneficiaries' in case your primary choice passes away before you.
3. Select an Executor
The executor is the person who will handle the paperwork, pay debts, and distribute assets after you die. Choose someone responsible, organized, and trustworthy. Ask them for permission first. It is wise to name an alternate executor as well.
4. Name a Guardian for Minor Children
If you have children under 18, this is the most critical part of the will. Name a guardian to raise them if both parents pass away. You can also name a separate 'property guardian' to manage the children's inheritance until they come of age.
5. Draft the Document
Use a reputable template or software. State clearly that this is your will and you revoke all prior wills. Be clear and specific to avoid confusion.
6. Sign with Witnesses (The Formalities)
To be valid, you must be of 'sound mind' and legal age. You must sign the will in front of two witnesses. The witnesses must then sign it. Witnesses should be 'disinterested'—meaning they do not inherit anything in the will. In many states, you should also have the document notarized (Self-Proving Affidavit) to speed up probate.