How to Make a Will: A Step-by-Step Guide

When you die, your will—assuming you've made one—directs many of the biggest decisions ahead: who receives your belongings, who acts as your executor, who raises children still under 18, and how your estate settles outstanding debts and taxes.

A short list, done carefully

Only a handful of steps stand between you and a finished will. Here's the order that tends to work best.

Steps to making a will

1. Decide what belongs in your will
2. Decide who inherits your property
3. Pick an executor to run your estate
4. Name a guardian for your children
5. Choose someone to manage your children's inheritance
6. Draft your will
7. Sign it in front of witnesses
8. Store it somewhere safe

1. Decide what belongs in your will

Start by listing your major assets. Then sort out which ones will pass some other way entirely, outside the will—maybe you've already named a beneficiary on a retirement account or a bank account, or you'd rather keep certain property out of probate altogether. If you're married, remember that each spouse writes a separate will, and you can only leave your own share of anything you own jointly together.

2. Decide who inherits your property

Most people find this part fairly simple. Move carefully, though, if you're thinking about leaving your spouse or children out of your will. Once you've named your first-choice beneficiaries, also name backups, in case one of them doesn't outlive you.

3. Pick an executor to run your estate

Your will lets you name an executor, the person who carries out its instructions. This person oversees probate, distributes your property, and pays off debts and taxes for the estate. They don't need formal training for the role—an executor can always bring in a lawyer, accountant, or other professional as needed. What matters most is that whoever you choose has actually agreed to take it on; the job shouldn't come as news to them later.

4. Name a guardian for your children

If your children are still minors, decide who should raise them in the unlikely case that neither you nor their other parent is able to.

5. Choose someone to manage your children's inheritance

If you're leaving property to children or young adults, pick an adult to oversee whatever they inherit. You can give that person authority as a property guardian, as a custodian under the Uniform Transfers to Minors Act (UTMA), or as a trustee.

6. Draft your will

You have a few different ways to actually put the document together:

• Hire a lawyer. This is the strongest option if you want tailored legal advice and can cover the cost.
• Use a statutory form. A handful of states—California, Maine, Michigan, New Mexico, and Wisconsin—offer a standard fill-in-the-blank will for residents. These forms are simple and familiar to probate courts, but often too rigid for anyone whose wishes go beyond the basics.
• Write it yourself. Many people can put together a solid will using reliable do-it-yourself software or online services. This route isn't for everyone: if you run a complicated business, carry tangled debt, or expect family conflict, talk to a lawyer instead. But for a fairly simple estate and clear wishes, a dependable DIY tool can save real time and money compared with hiring an attorney.

7. Sign it in front of witnesses

Once your will is written, sign it in front of at least two witnesses. If you're attaching a self-proving affidavit—a document that streamlines probate later—your signature will also need to be notarized.

Signing correctly matters. Every state follows its own strict rules for how a will must be executed, and missing a step can get the whole document thrown out. If that happens, your property may pass under intestate succession instead, typically going to your closest relatives rather than the people you actually chose.

Use witnesses who won't inherit anything under the will whenever you can. A will signed by an interested witness may still hold up legally, but that witness risks losing their own gift if the will is later challenged.

A self-proving affidavit can also help fend off claims that you lacked the mental capacity to make a will. It typically has your witnesses swear, under oath, that they watched you sign and that you appeared to understand what you were doing. Notarized statements from your witnesses can carry real weight if your capacity is ever questioned.

8. Store it somewhere safe

A will nobody can find is no better than having none at all. Keep it somewhere secure and clearly labeled, and tell your executor exactly where that is. A file cabinet or desk drawer where your family already looks for important papers usually works better than a lock box—locking it away can actually slow down probate after you're gone.

Frequently asked questions

Do you need a lawyer to write a will?

Most people can safely rely on solid do-it-yourself materials. If your situation involves a complex business, tangled debt, or real family conflict—or you simply want tailored advice—bring in a lawyer.

Can you leave someone out of your will?

With a few important exceptions, you can leave your property to whomever you choose, and you can spell out a disinheritance directly. Here are the exceptions: in a common law state, your spouse can claim half your property regardless of what the will says. In a community property state, your spouse already owns half your estate unless you've made other legal arrangements.

Can your will be challenged after you die?

Court challenges to wills are rare. When they happen, it's usually a close relative who feels shortchanged. To throw out an entire will, someone has to go to court and prove a serious flaw: a forged signature, a lack of sound mind at signing, or undue influence from someone else. If you're worried about a future challenge, you can add a no-contest clause, which typically strips a challenger of their inheritance—or shrinks it sharply—if they contest the will and lose. Not every state enforces these clauses, though, so in some places a successful challenger could still inherit even with one in place.

What information do you need to gather first?

Making a will usually takes a bit of prep work. Depending on your situation, you might need full names and addresses for your children, beneficiaries, executors, and guardians, plus account numbers, descriptions and locations of specific items, and details of any debts you want forgiven.

Does a will have to be notarized?

No—your will is valid without notarization. It does need two witnesses' signatures, though. Many states also let you add a self-proving version, and that does require notarization.

What happens if you die without a will?

If you never make a will or arrange another legal way to pass on your property, state law decides what happens to it—usually to your spouse and children, or your nearest relatives if you have neither. Property with no eligible heirs eventually goes to the state. Without a will, a court also decides who cares for young children and their property if the other parent can't.

How do you update a will later?

You can change your will anytime while you're alive. For small, clearly stated changes, a codicil works: it's a separate document attached to your existing will, signed by you and two witnesses just like the will itself. In most cases, though, it's simpler and cleaner to revoke the old will entirely and write a fresh one.

Can you revoke a will?

Yes, at any time. The cleanest way is to write a new will that explicitly revokes every earlier one.

Specifics on execution, witnessing, and challenges vary by state, so check your own state's rules or talk with a local attorney before finalizing anything.