How to Make a Will: The Complete Guide (2026)

How to make a will is one of the most important steps you can take to protect your family. A will lets you decide who gets your property, who raises your children, and how your final wishes are carried out. Yet roughly 6 in 10 American adults still don’t have one. The reasons are usually the same: it feels complicated, expensive, or morbid.

The truth is simpler. In most states, a valid will only requires a few pages, your signature, and two witnesses. This guide walks you through the entire process — the legal rules, the costs, the state-by-state differences, and the mistakes that trip families up — so you can get it done with confidence.

What Is a Will and Why Learning How to Make a Will Matters

A will (sometimes called a “last will and testament”) is a legal document that spells out what happens to your property after you die. It names the people or organizations who inherit your assets. It also names an executor — the person responsible for settling your estate through probate court.

A will does more than divide property. If you have minor children, your will is where you name a guardian. Without that designation, a judge decides who raises your kids. The court will try to act in the children’s best interest, but the decision may not match what you would have chosen.

Understanding how to make a will also matters because of what happens without one. When someone dies without a will, the state’s intestacy laws take over. Those laws follow a rigid formula. In most states, your spouse gets a share and your children split the rest. Unmarried partners, stepchildren, close friends, and charities get nothing under intestacy — no matter how important they were to you.

A will puts you in control. It replaces the state’s one-size-fits-all formula with your own plan. For most families, that peace of mind is worth far more than the time it takes to create one.

How to Make a Will: The Step-by-Step Process

The basic steps for how to make a will are the same in nearly every state. Here is the process from start to finish.

Step 1: Take inventory of your assets. List everything you own — real estate, bank accounts, vehicles, investments, retirement accounts, life insurance policies, jewelry, and personal items of value. Note which assets already have beneficiary designations (like 401(k)s and life insurance). Those pass outside the will automatically.

Step 2: Decide who gets what. Choose your beneficiaries. These can be family members, friends, charities, or organizations. Name backup (contingent) beneficiaries in case your first choice passes away before you do.

Step 3: Name a guardian for minor children. If you have children under 18, this is arguably the most critical part of the will. Name a primary guardian and an alternate. Talk to the people you choose before finalizing — make sure they’re willing.

Step 4: Name an executor. Your executor (called a “personal representative” in some states) is the person who files the will with probate court, pays debts, and distributes assets. Pick someone organized and trustworthy. Name an alternate executor, too.

Step 5: Write the will. You can use an attorney, an online service, or a self-help form from your state court’s self-help portal. However you draft it, the document must clearly state that it is your will, that you revoke all prior wills, and that you are acting voluntarily.

Step 6: Sign with witnesses. In most states, you must sign your will in front of two witnesses. The witnesses then sign as well. Witnesses generally must be adults who are not beneficiaries under the will. This signing ceremony is the moment your will becomes legally valid.

Step 7: Add a self-proving affidavit (recommended). In most states, you and your witnesses can sign a separate sworn statement in front of a notary public. This “self-proving affidavit” lets the court accept the will later without requiring witnesses to come back and testify. It is optional but strongly recommended.

Step 8: Store the will safely. Keep the original in a fireproof safe, a bank safe-deposit box, or filed with your county probate court (where allowed). Tell your executor where to find it.

How to Make a Will: The Legal Requirements by State

Every state sets its own rules for what makes a will valid. The core requirements are similar, but the details differ. Knowing your state’s rules before you start is essential. Here are the key requirements across several major states.

For example, Colorado and North Dakota allow you to notarize a will instead of using two witnesses. Pennsylvania does not strictly require witnesses at the time of signing, but witnesses may need to testify when the will enters probate. In most states, however, two disinterested witnesses are the standard. Check your state’s specific will requirements before you begin.

A few states set the minimum age higher. In Alabama, Mississippi, and Nebraska, you must be 19 to make a will. However, many states make exceptions for minors who are married, serving in the military, or legally emancipated.

How to Make a Will: Holographic (Handwritten) Wills

A holographic will is one written entirely in the testator’s own handwriting and signed by them — typically without witnesses. About 25 states recognize holographic wills, including Texas, California, Virginia, Arizona, Michigan, and Tennessee.

However, holographic wills are risky. They’re more likely to be challenged in court. A judge must verify that the handwriting is authentic. There’s no witness testimony to confirm you were of sound mind. And if the document is unclear, the court must interpret your intent without the structure a formal will provides.

As a result, most estate-planning professionals recommend a formally witnessed will even in states that accept holographic wills. If you choose the handwritten route, at minimum: write the entire will by hand (don’t mix typing and handwriting), date it, sign it, and store it safely. For a complete list of which states allow this approach, see our state-by-state will guide.

Key Deadlines and Time Limits

A will itself has no deadline — you can create one at any time. But once someone passes away, several critical deadlines kick in. Missing them can cost the family money, delay the estate, or void certain rights entirely.

Creditors also face deadlines. After probate opens, most states require the executor to notify known creditors and publish a notice to unknown creditors. Creditors then have a limited window — typically 3 to 6 months — to file claims against the estate.

State estate tax deadlines vary. In states that impose their own estate tax, the filing deadline generally matches the federal 9-month window, but thresholds differ dramatically.

If you live in a state with a lower threshold — Oregon starts at just $1,000,000 — learning how to make a will is even more urgent, because proper planning can help reduce or avoid that state-level tax. Check our estate and inheritance tax guide for your state’s specific rules.

Common Mistakes to Avoid When You Learn How to Make a Will

Even a well-intentioned will can fail if certain mistakes slip through. Here are the most common problems that cause wills to be challenged, delayed, or thrown out entirely.

Not updating after major life events. Marriage, divorce, the birth of a child, or the death of a beneficiary all call for a will update. In many states, marriage automatically revokes a prior will. Divorce may void any bequests to a former spouse. Failing to update can leave your estate in a legal tangle.

Using a beneficiary as a witness. In most states, a witness who is also a beneficiary creates a conflict of interest. Some states will void the bequest to that witness. Others may void the entire will. Always use disinterested witnesses — people who don’t inherit anything under the will.

Forgetting about non-probate assets. Life insurance policies, 401(k) plans, IRAs, and accounts with payable-on-death designations pass directly to the named beneficiary. Your will does not override these designations. If your will says one thing and your beneficiary form says another, the beneficiary form wins. Review all beneficiary designations alongside your will.

Vague or ambiguous language. “I leave my jewelry to my daughters” sounds simple — but if you have three daughters and a collection worth varying amounts, expect a dispute. Be specific. Use full legal names, describe property clearly, and assign percentages when dividing assets among multiple people.

Failing to name alternate beneficiaries and executors. People pass away, become incapacitated, or decline to serve. Always name backups. If your sole executor can’t serve and no alternate is named, the court appoints someone you may not have chosen.

Not signing properly. This is the most avoidable mistake. The will must be signed by you, in front of the required witnesses, who must also sign. Skipping any part of this ceremony can invalidate the entire document.

How Much It Costs to Make a Will

The cost of learning how to make a will and getting one completed varies widely depending on which route you take and how complex your estate is.

For most families, a simple attorney-drafted will costs $300 to $600. If both spouses need wills (often called “mirror wills”), many attorneys offer a package discount. Adding a durable power of attorney and a healthcare directive typically brings the total to $500 to $1,000.

It’s worth comparing that cost to what happens without a will. Probate costs typically run 3% to 7% of the estate’s total value. In California, for example, statutory probate attorney fees are 4% of the first $100,000, 3% of the next $100,000, and 2% of the next $800,000. For a $500,000 estate in California, that’s $13,000 in attorney fees alone — before court costs, executor fees, or other expenses.

In most cases, spending a few hundred dollars now on a properly drafted will saves families thousands later. For a breakdown of probate costs in your state, see our state probate guide.

How to Make a Will Without a Lawyer (and When You Need One)

You do not need a lawyer to make a legally valid will in any US state. The law allows you to draft your own will, and many state court self-help portals provide free or low-cost forms. This is the path many people take, and for simple estates, it works.

A DIY will may be a reasonable option if your situation is straightforward: you’re single or married with one spouse, you have no minor children (or a clear choice of guardian), your assets are modest, and you live in a state that accepts holographic wills or provides standard forms.

However, you may want an attorney if any of these apply:

You have a blended family (children from a prior marriage). You own property in more than one state. You own a business. Your estate may owe state estate tax — for example, estates over $1,000,000 in Oregon or over $2,000,000 in Massachusetts. You want to set up a trust within your will. You want to disinherit someone. You have a child with special needs who receives government benefits.

In these situations, the legal complexity goes beyond what a template can handle. A single drafting error could trigger a will contest, an unintended tax bill, or a gap that forces the court to apply intestacy rules to part of your estate. Typically, the cost of a consultation is small compared to the cost of getting it wrong.

For most families in the middle — not the simplest estate, but not the most complex — a one-time meeting with an estate-planning attorney is the most cost-effective approach to learning how to make a will that actually holds up.

How to Make a Will: Community Property vs. Common Law States

How property is classified in your state affects what you can give away in your will. The US has two systems: community property and common law (also called “equitable distribution”).

Nine states are community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Alaska allows couples to opt in. In these states, most income earned and property acquired during the marriage belongs equally to both spouses — 50/50. Each spouse can only give away their half in a will.

In the other 41 common law states, property belongs to the spouse whose name is on the title or who earned the money. However, most common law states protect the surviving spouse with an “elective share” — a right to claim a percentage of the deceased spouse’s estate regardless of what the will says. This share typically ranges from one-third to one-half.

Understanding how to make a will in a community property state means recognizing that you can only bequeath your half. In a common law state, it means understanding that your surviving spouse has a legal right to claim their elective share, even if your will leaves them nothing. For state-specific property rules, check our state will guide.

How to Make a Will: Louisiana’s Unique Rules

Louisiana is the only US state based on civil law rather than common law. Its will and inheritance rules are significantly different from every other state. If you live in Louisiana, understanding how to make a will there requires extra attention.

Louisiana has “forced heirship” — a legal doctrine that prevents you from completely disinheriting certain heirs. Children under 24, or children of any age who are permanently incapacitated, are “forced heirs.” They are entitled to a share of your estate called the “legitime.” If you have one forced heir, the legitime is one-quarter of the estate. If you have two or more, it’s one-half.

Louisiana also has unique will formats. A “notarial testament” must be signed before a notary and two witnesses. An “olographic testament” must be entirely handwritten, dated, and signed. Typed wills witnessed by only two people — the standard in other states — are not valid in Louisiana.

If you own property in Louisiana or have family there, consult a Louisiana attorney familiar with civil law. The rules are different enough that a will valid in any other state may not hold up in Louisiana.

Electronic Wills: The Newest Way to Make a Will

A growing number of states now allow electronic wills (e-wills). These are wills created, signed, and witnessed electronically — sometimes with remote video witnessing. As of 2026, states with explicit e-will statutes include Nevada, Indiana, Illinois, Utah, Colorado, and Washington, among others.

The Uniform Law Commission published the Uniform Electronic Wills Act (UEWA) to create a consistent framework. However, adoption has been slow. Most states still require a traditional paper will with in-person witnessing. If you create an electronic will in a state that allows it, be aware it may not be recognized if you later move to a state without an e-will statute.

For most families, the safest approach remains a paper will signed in person with two witnesses and a notarized self-proving affidavit. If you’re interested in an electronic will, check whether your state has adopted the UEWA or similar legislation.

How to Make a Will: Small Estates and Simplified Probate

Even with a valid will, the estate must go through probate in most cases. However, many states allow simplified or expedited probate for small estates — and the thresholds are more generous than people expect.

If an estate falls below your state’s threshold, the beneficiaries may be able to collect assets with a simple affidavit — no court hearing required. This can save weeks or months of waiting, plus significant court costs. For the full list of thresholds, see our small estates by state guide.

However, even if your estate qualifies for simplified probate, having a will still matters. A will names who gets what. Without one, even a small estate follows intestacy rules, which may not match your wishes.

What to Include in Your Will

When learning how to make a will, people often wonder what actually goes into the document. Here’s a practical checklist:

Your identifying information. Full legal name, address, and a statement that this is your last will and testament.

Revocation clause. A statement that this will revokes all prior wills and codicils. This prevents confusion if an older version surfaces.

Specific bequests. Individual items or dollar amounts left to named beneficiaries. For example: “I leave my 2023 Honda Accord to my daughter, Jane Smith.”

Residuary clause. A catch-all provision for everything not specifically mentioned. For example: “I leave the remainder of my estate to my spouse, John Smith.” Without this clause, unlisted property may pass under intestacy law.

Guardian nomination. If you have minor children, name a guardian and an alternate. This is the single most important reason for young parents to learn how to make a will.

Executor appointment. Name a primary executor and an alternate. Consider someone who lives nearby, is organized, and is willing to handle financial and legal paperwork.

Digital assets clause (optional but increasingly important). Specify what should happen to your social media accounts, email, digital photos, cryptocurrency, and online financial accounts. Name a “digital executor” or give your main executor explicit authority over digital assets.

Pet care provisions (optional). You can’t leave money directly to a pet, but you can name a caretaker and leave funds for the pet’s care — or set up a pet trust in states that allow them.

How to Update or Revoke a Will

A will is not a one-time document. Life changes, and your will should change with it. In most states, you can update your will in two ways.

Codicil. A codicil is a formal amendment to your existing will. It must be signed and witnessed with the same formalities as the original will. Codicils work well for minor changes — adding a new beneficiary or changing an executor.

New will. For major changes, most attorneys recommend drafting an entirely new will with a revocation clause. This avoids any confusion between the original and the amendments. Destroy all copies of the old will once the new one is signed.

You should review your will — and update if necessary — after any of these events: marriage, divorce, birth or adoption of a child, death of a beneficiary or executor, significant change in assets (buying or selling a home, inheritance, business sale), or moving to a new state. In most cases, a will drafted in one state remains valid in another, but the new state’s laws may interpret certain provisions differently.

What to Do Next

Now that you understand how to make a will, here are the practical next steps to get yours done.

1. Check your state’s requirements. Visit our state-by-state will guide to confirm the number of witnesses, whether holographic wills are accepted, and any special rules for your state.

2. Gather your information. Make a list of your assets, debts, beneficiaries, and the people you want to serve as executor and guardian. Having this ready before you sit down to write — or meet with an attorney — will save time.

3. Decide on your approach. For simple estates, a state court form or reputable online service may be enough. For anything involving minor children, property in multiple states, blended families, or potential estate tax, consult a licensed attorney. Our comparison guides can help you weigh the options.

4. Sign and witness properly. Follow your state’s exact signing requirements. Don’t skip the self-proving affidavit — it makes probate faster and cheaper for your family.

5. Store the original safely. A fireproof safe at home, a safe deposit box, or filing with your county probate court are all solid options. Tell your executor and at least one trusted family member where the will is located.

6. Review related documents. A will works best as part of a broader plan. Consider also preparing a durable power of attorney, a healthcare directive (living will), and reviewing all beneficiary designations on retirement accounts and life insurance. For larger estates, explore whether a revocable living trust makes sense for your situation.

7. Don’t forget intestacy planning. Even with a will, some assets may fall through the cracks. Understand your state’s intestacy laws so you know what happens to anything not covered by the will or a beneficiary designation.

If you’re dealing with an active probate or an approaching tax deadline, contact a licensed attorney or your state probate court as soon as possible. For specific scenarios — like what to do when a spouse dies, how to handle out-of-state property, or planning for a child with special needs — our scenario guides walk you through it step by step.

Frequently Asked Questions About How to Make a Will

Do I need a lawyer to make a will?

No. Every US state allows you to draft your own will without an attorney. However, if you have minor children, a blended family, property in multiple states, a business, or an estate that may owe state estate tax, an attorney can help you avoid costly mistakes. For simple estates, a DIY or online approach is often sufficient.

How often should I update my will?

Review your will at least every 3 to 5 years, or immediately after a major life event: marriage, divorce, the birth of a child, a significant change in assets, or a move to a different state. In most cases, an update takes less than an hour.

What happens if I die without a will?

Your estate passes under your state’s intestacy laws. Typically, your spouse and children inherit according to a fixed formula. Unmarried partners, stepchildren, and friends receive nothing. A judge — not you — decides who raises your minor children. See our dying without a will guide for your state’s specific rules.

Can I write my will by hand?

In about 25 states, yes. A handwritten (holographic) will is valid if it’s entirely in your handwriting, dated, and signed. States that accept holographic wills include Texas, California, Virginia, Arizona, and Michigan. However, holographic wills are more easily challenged in court. A formally witnessed will is safer in every state.

Does my will control my retirement accounts and life insurance?

No. Retirement accounts (401(k)s, IRAs), life insurance policies, and accounts with payable-on-death or transfer-on-death designations pass directly to the named beneficiary. Your will does not override those designations. Review your beneficiary forms separately when you learn how to make a will.

Is a will the same as a trust?

No. A will takes effect only after you die and must go through probate. A revocable living trust takes effect immediately, can manage your assets if you become incapacitated, and avoids probate for any property transferred into the trust. Many families use both. For a comparison, see our will vs. trust comparison guide, and for state-specific trust rules, visit our trusts by state directory.

Find Your State’s Exact Rules

Every state handles wills, probate, and estate tax differently. Pick your state to see the exact probate cost, small-estate limit, intestate shares, and tax rules that apply where you live.

Browse All State Guides →

Sources & How to Verify

The information on this page is drawn from official government and court sources. Estate, probate, and tax rules change, so always confirm the exact figure with your state’s court, statute, or a licensed attorney.

• IRS — Estate Tax: irs.gov — federal estate-tax rules and exemption
• Find free legal help: lawhelp.org — free and low-cost legal aid in your state
• Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
• Your state probate code & court self-help portal: search “[your state] probate code” and “[your state] probate court self-help” for the exact law and forms

Content last reviewed June 2026. If you notice outdated information, please contact us.

Related Guides

• Wills & Probate by State (All 51 Jurisdictions)
• More in This Category
• Estate Planning Scenarios — What to Do When…
• Documents, Forms & Letters
• Comparison Guides
• Estate Planning Glossary

Informational only — not legal or tax advice. Wills Probate Guide is an independent educational resource, not a law firm, tax advisor, or financial planner, and this page does not provide legal or tax advice. Estate, probate, and tax rules vary by state and change over time, so always verify the exact rule with your state’s probate code, your local probate court’s self-help portal, or a licensed attorney. For urgent matters like an active probate or a tax deadline, contact a licensed attorney in your state right away.