How To Write A Will - Best Plain-English Guide (2026)

By Oleg Kachko · Updated June 13, 2026

✓ Verified June 12, 2026

How to write a will is one of the most important things you can do for your family. A will is a legal document that says who gets your property after you pass away. It also names someone you trust to carry out your wishes.

In This Guide

When and Why You Need to Know How to Write a Will
What to Include in Your Will (and What to Get Right)
Sample Template You Can Adapt
How to Make Your Will Valid in Your State
Frequently Asked Questions

Without one, your state decides who gets everything — and that may not match what you want. In most cases, writing a will is simpler than people think. You do not need a lawyer to create one, though talking to one can help with complex estates.

The short answer: A valid will requires you to be at least 18, of sound mind, and to put your wishes in writing. You sign it, and in most states, two witnesses sign it too. You name your beneficiaries (who gets what), an executor (who handles things), and a guardian for minor children if needed. You can write one yourself at home — however, each state has its own rules about witnesses and notarization, so check your state’s probate code before you finalize anything.

When and Why You Need to Know How to Write a Will

Learning how to write a will matters at every stage of adult life. If you own anything — a house, a car, a savings account — a will makes sure it goes where you want. If you have children under 18, a will is the only way to name the guardian you trust most. Without a will, a judge picks for you.

Major life events are good triggers. Getting married, having a child, buying a home, or going through a divorce are all moments to create or update your will. For example, many states automatically revoke gifts to an ex-spouse after divorce, but not all do. A current will removes that uncertainty.

Dying without a will is called dying “intestate.” As a result, your state’s intestacy laws take over. Typically, your spouse and children split everything by a formula you had no say in. Unmarried partners, stepchildren, and close friends usually get nothing. Knowing how to write a will puts you back in control.

What to Include in Your Will (and What to Get Right)

Every valid will needs a few core parts. First, a declaration — a statement that this is your will, you are of legal age, and you are of sound mind. Second, name an executor — the person who will manage your estate and carry out your instructions. Pick someone organized and trustworthy.

Next, list your beneficiaries and what each one receives. Be specific. Instead of “my jewelry goes to my daughters,” write which items go to which person. If you have minor children, name a guardian. You may also want to name an alternate executor and alternate guardian in case your first choice cannot serve.

Witnesses are critical, and the rules change by state. In most states, you need two disinterested witnesses — people who are not named in the will. However, some states have different rules. Here is how witness and notarization requirements compare across five states:

State	Witnesses Required	Notarization	Holographic (Handwritten) Will Accepted?	Minimum Age
California	2 (should be disinterested)	Not required; self-proving affidavit optional	Yes — must be in testator’s handwriting and signed	18
Texas	2 (for typed wills)	Not required; self-proving affidavit optional	Yes — entirely in testator’s handwriting, no witnesses needed	18
New York	2	Not required; self-proving affidavit recommended	Only for military members or mariners at sea	18
Florida	2	Not required; self-proving affidavit available	No — holographic wills not valid	18
Louisiana	2 (for notarial wills) or 0 (for olographic wills)	Required for notarial wills	Yes — called “olographic,” must be handwritten, dated, and signed	16

A self-proving affidavit is a notarized statement attached to the will. It lets the court accept the will without calling your witnesses to testify. In most cases, adding one saves your family time and hassle during probate.

Sample Template You Can Adapt

Below is a basic sample you can use as a starting point when learning how to write a will. Adapt it to your state and situation.

Sample template — adapt to your state and your situation. This is an informational sample, not legal advice.

LAST WILL AND TESTAMENT OF [YOUR FULL LEGAL NAME]

I, [Your Full Legal Name], of [City], [County], [State], declare that this is my Last Will and Testament. I revoke all previous wills and codicils.

Article 1 — Family
I am currently [married to / single / divorced]. My spouse’s name is [Spouse’s Full Name]. My children are: [Child 1 Full Name, date of birth], [Child 2 Full Name, date of birth].

Article 2 — Executor
I appoint [Executor’s Full Name], of [City, State], as Executor of this will. If [he/she/they] cannot serve, I appoint [Alternate Executor’s Full Name] as alternate Executor.

Article 3 — Guardian of Minor Children
If I pass away while any of my children are under 18, I appoint [Guardian’s Full Name], of [City, State], as guardian. If [he/she/they] cannot serve, I appoint [Alternate Guardian’s Full Name] as alternate guardian.

Article 4 — Specific Gifts
I give [specific item or dollar amount] to [Beneficiary’s Full Name, relationship].
I give [specific item or dollar amount] to [Beneficiary’s Full Name, relationship].

Article 5 — Residuary Estate
I give the rest of my estate — everything not listed above — to [Residuary Beneficiary’s Full Name]. If [he/she/they] does not survive me, this residuary estate shall go to [Alternate Beneficiary’s Full Name].

Article 6 — Debts and Expenses
I direct my Executor to pay my legally enforceable debts and funeral expenses from my estate.

Article 7 — No-Contest Clause
If any beneficiary contests this will, that person shall receive nothing.

Signed this [Day] day of [Month], [Year], at [City], [State].

___________________________
[Your Full Legal Name], Testator

Witnesses

We declare that [Testator’s Full Name] signed this will in our presence, appeared to be of sound mind, and was not under undue influence.

Witness 1: ___________________________
Printed Name: [Witness 1 Full Name]
Address: [Witness 1 Address]
Date: [Date]

Witness 2: ___________________________
Printed Name: [Witness 2 Full Name]
Address: [Witness 2 Address]
Date: [Date]

Self-Proving Affidavit (Optional — recommended)

State of [State]
County of [County]

Before me, the undersigned authority, personally appeared [Testator’s Full Name], [Witness 1 Full Name], and [Witness 2 Full Name], known to me to be the Testator and witnesses. They each swore that the Testator signed this will voluntarily and was of sound mind.

___________________________
Notary Public
My commission expires: [Date]

How to Make Your Will Valid in Your State

Understanding how to write a will is only the first step. You also need to execute it properly. In almost every state, you must sign the will in front of two witnesses. Those witnesses must also sign. They should be adults who are not beneficiaries — this avoids challenges later.

Adding a self-proving affidavit is strongly recommended. You, your witnesses, and a notary all sign it at the same time. This notarized statement lets the probate court accept the will without tracking down your witnesses later. It is not required in most states, but it makes things easier for your family.

If you already have a will and your circumstances have changed — marriage, divorce, new child, or a move to a different state — update your will promptly. Some states have specific rules about whether an out-of-state will is honored. For example, a holographic will valid in Texas may not be accepted in Florida. Review your will whenever you cross state lines permanently.

Store the original in a safe, accessible place. Options include a fireproof safe at home, your county probate court’s filing office, or with your attorney. Avoid putting the only copy in a safe deposit box — in some states, your family may need a court order to open it after you pass. Tell your executor where the original will is kept.

Frequently Asked Questions

Do I need a lawyer to know how to write a will?

No. You can legally write your own will in every state. However, if you have a large estate, blended family, or business interests, a licensed attorney can help you avoid mistakes. For simple estates, a self-written will following your state’s rules is typically valid.

Can I change my will after I sign it?

Yes. You can update your will at any time by creating a new will that revokes the old one, or by adding a codicil — a formal amendment. If you make major changes, writing a new will entirely is usually cleaner. The new will should state that it revokes all previous versions.

What happens if I write the will wrong or miss a requirement?

If your will does not meet your state’s legal requirements, a court may declare it invalid. As a result, your estate would be distributed under intestacy laws — as if you had no will at all. For example, forgetting to have witnesses in a state that requires them is one of the most common mistakes. When in doubt about how to write a will correctly, check with your state’s probate court or a licensed attorney.

Can I disinherit a family member?

In most states, yes — you may disinherit adult children or other relatives. However, you typically cannot fully disinherit a surviving spouse. Most states give spouses an “elective share” — often one-third to one-half of the estate. Louisiana is unique because it has forced heirship rules that protect certain children as well. Check your state’s specific laws.

Bottom line: Knowing how to write a will is one of the most important gifts you can give your family. It does not have to be complicated or expensive. Write down your wishes, sign in front of two witnesses, add a notarized self-proving affidavit if you can, and store the original somewhere safe. If your situation is complex, a licensed estate-planning attorney in your state can make sure everything holds up in court.

Planning ahead? Check your life insurance too

A will decides who gets what — life insurance decides how your family pays the bills while the estate settles. It is worth checking that your coverage and beneficiaries are up to date.

Check Your Life Insurance →

Find Your State’s Exact Rules

Probate cost, small-estate limits, intestate shares, and estate-tax rules all change from state to state. Pick your state to see the exact figures that apply where you live.

See Wills & Probate Rules for Every State →

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.

How to Write a Will (Plain-English Step-by-Step)