Making a will is one of the most important steps you can take to protect your loved ones and your assets. As a lawyer, I’ve seen many families face confusion and stress because someone passed away without a plan. Understanding how to make a will can alleviate these concerns.
Creating a legal document like a will, specifically focusing on how to make a will, makes sure your wishes are clear and your estate is handled the way you want.
KEY TAKEAWAYS
You might think making a will seems complicated, but it’s actually much easier than most people expect. You just need to know what steps to follow, what information to prepare, and how to make everything official.
I always recommend getting this done sooner rather than later—planning ahead is always a good idea.
A will isn’t just for rich or older people; people from all walks of life can benefit. You’ll save your family from extra trouble and avoid leaving important decisions up to a judge.
Why Making a Will Matters
A will gives you the power to decide how your belongings are shared and who is in charge after you are gone. It prevents stress for your family and avoids confusion by making your last wishes clear.
Securing Your Family’s Future
Learning how to make a will is essential for everyone, as it ensures that your wishes are honored.
When you write your own will, you decide how your assets will support your family members. This means you can leave property, money, or items to close relatives, friends, or even charities. You also pick someone you trust as the executor, who will take care of your estate.
From my experience, I have seen that families have fewer disagreements when a clear will is in place. It’s comforting for your loved ones to know exactly what you wanted, especially during a difficult time. If you want certain things to go to certain people, a will is the only way to guarantee this.
Key benefits include:
- Control over who gets which assets
- Protecting minors by naming a guardian
- Making sure family pets are cared for
- Reducing legal fights and confusion
Having a last will means your wishes are respected, and your family’s future is more secure.
What Happens Without a Will
If you do not have a will, state law decides who receives your property, no matter what your final wishes were.
Usually, assets go to your closest family members, but this may not match what you would have chosen. This process, called intestacy, often takes longer and costs more for your family.
Without clear guidance, courts must appoint someone to manage your estate, and they might not pick the person you trust most.
In my legal practice, I have seen families end up in court battles just because a will was not made or updated.
Making your own will helps your family avoid unnecessary stress, delays, and added expenses. It also helps keep private details out of public court records, since everything has to go through the court if there is no last will.
Peace of Mind and Clarity
Having a will gives you peace of mind, knowing your decisions are written down and followed. It is important to write your will while you are of sound mind, so there is no doubt about your intentions.
Your loved ones will not have to guess what you wanted or worry about forgetting something important.
As a lawyer, I recommend checking your will every few years to make sure it matches your current wishes and life changes, such as new family members or changes in assets. This simple step can remove confusion and arguments after you are gone.
A will offers clear direction and helps your family focus on supporting each other, instead of sorting out legal problems. It is a gift of clarity during a hard time.
What You Need Before You Get Started
Getting ready to write a will is much easier when you know what information to gather and what decisions you’ll need to make. Taking these steps early can help you avoid delays or confusion when it’s time to put everything in writing.
List of Your Assets
First, make a complete list of everything you own. Your assets may include bank accounts, real estate, personal property, investment accounts, retirement accounts, and even digital assets such as online subscriptions or cryptocurrencies.
Include items both big and small. Houses, cars, jewelry, and even family heirlooms can be part of your will. I often remind clients not to forget special items with sentimental value—sometimes those mean the most.
A simple table can help keep things clear:
| Type of Asset | Example |
|---|---|
| Real Estate | House, land |
| Financial Accounts | Checking, savings, investments |
| Personal Property | Jewelry, vehicles, collectibles |
| Digital Assets | Social media, online funds |
| Retirement Accounts | 401(k), IRAs |
Having this list up front will help you decide whom to leave these things to.
Understanding State Law
Every state has its own rules about making a will valid. These laws can include who can be a witness, what must be written, and how you must sign your will. For example, some states may require two adult witnesses, while others have different rules for digital wills.
If you live in Texas, you can find up-to-date guidelines from the Texas State Law Library. As a lawyer, I know that state law can make a big difference in how your will gets carried out.
It is important to read about your state’s laws ahead of time. If your will does not meet these legal rules, it may not be accepted when needed.
Choosing Beneficiaries
You need to clearly name the people or groups who will receive your things when you’re gone. These are your beneficiaries. You might choose immediate family, close friends, or even a charity.
When I draft wills for families, I always encourage thinking carefully about who should get specific items and who will receive any remaining property. A residuary clause lets you name someone to receive anything not already covered.
Some people decide based on need, while others want to pass down items with deep personal meaning. Make a list and be clear—this reduces confusion later.
Selecting a Personal Representative
Your personal representative is the person responsible for carrying out your wishes in the will. This person is sometimes called an executor. They will collect your assets, pay bills you owe, and distribute the rest as you directed.
Pick someone you trust and who will have time to handle these tasks. I always tell my clients to choose someone reliable and to ask that person first to make sure they are willing to take on the work.
Think about backup choices, too. If your main representative cannot serve, you will need to name an alternate. Write down their full legal names and contact information to keep things clear.
How to Write a Valid Will
You need to list your assets, choose people to carry out your wishes, and protect your children’s future.
Basic Steps to Creating Your Will
Begin by using your full legal name and clearly stating that the document is your last will and testament. Make sure your will is a written document, since most states will not accept audio or video files. List your wishes in simple, easy-to-read language.
Decide who will be your executor. This person will follow the terms of your will, handle important documents, and make sure everything is done according to the law. I always recommend choosing someone you trust and who understands your specific situation.
Sign and date your will in front of witnesses. Most states require at least two witnesses who are not named in the will. I’ve seen wills thrown out because these steps were missed.
Each state may have different requirements, so make sure you follow local laws to keep your will valid. If your life changes, you should update your will or write a new will.
Quick checklist:
- Use your full name and clear language.
- Choose an executor.
- List how you want the assets divided.
- Follow legal requirements for your state.
- Sign and have witnesses.
Naming Guardians for Minor Children
If you have minor children, it is very important to name a legal guardian. This is someone who will take care of your children if something happens to you before they turn 18. Giving clear instructions can help avoid family arguments and confusion.
You should choose a guardian who shares your values and can provide the care your children need. I always advise my clients to talk to the chosen person first and make sure they are willing to take on this responsibility. Write their full name and relationship to your children in the will.
If you do not name a guardian, the court will decide who cares for your children, which may not match your wishes. Including instructions for your children’s medical care and education can be helpful, especially if you want their life to continue with as little change as possible.
Including Digital and Physical Assets
You should list all your physical assets, like your house, car, jewelry, and other valuables. Also include digital assets, such as email accounts, social media, and important online accounts, since modern wills should address the digital age.
Write clear instructions on who should receive each item. Be sure to include account details or ways for your executor to access important digital records. As a lawyer, I have seen families struggle when digital accounts were not included in a simple will or more complex estate plans.
If you want certain items to go to certain people, use specific descriptions to avoid confusion. Updates may be needed as you get new assets or as laws about digital property change, so review your will regularly.
Sample table for assets:
| Asset Type | Description | Who Receives |
|---|---|---|
| House | 123 Main Street | Spouse |
| Bank Account | Chase Bank Savings | Daughter Emily |
| Google Account | Primary Email | Son Michael |
| Jewelry | Gold wedding ring | Niece Olivia |
Making Your Will Official
You must take a few important steps after writing your will so that it is legal and will be followed after you die. Paying attention to these details will help protect your wishes and prevent problems for your loved ones.
Signing in Front of Witnesses
To make your will legally valid, you must sign it in front of at least two adult witnesses. The witnesses cannot be people who will inherit anything from your will. They should see you sign the will, and then each witness must sign the will, too.
If you do not sign your will in front of witnesses, the court might not accept it. Some states allow more than two witnesses, but two is the minimum in most places. I usually recommend picking witnesses you trust and who are not related to you by blood or marriage.
Keep in mind that your witnesses should also be of sound mind and not under pressure from anyone. If asked in court later, they should be able to say they saw you sign the will freely. Choosing independent and clear-headed witnesses is always the best choice.
Adding a Self-Proving Affidavit
A self-proving affidavit is a separate legal document you and your witnesses sign in front of a notary public. This affidavit makes it easier for the court to accept your will after you die, because it proves you and the witnesses followed all the rules.
With a self-proving affidavit, your witnesses may not have to go to court after your death, which can save your family time and stress. I always suggest including this step because it makes things much smoother.
The affidavit is usually attached to the will. It must be signed at the same time as the will, or soon after. As a lawyer, I find that using a self-proving affidavit is one of the simplest ways to avoid delays in probate court.
Storing Your Original Will Safely
The original signed will is the one the court will want to see. Make sure to store your will in a safe place, such as a locked drawer, a safe deposit box, or a fireproof safe in your home.
Tell the person you trust—like your executor—where the will is and how to get it if needed. It is a good idea to keep a copy in another location just in case, but remember, only the original counts in court.
I never recommend hiding your will where nobody can find it, because then it may not be used at all. If you use a safe deposit box, check your state laws to ensure that your executor will be allowed to access it promptly.
In my experience, storing your original will somewhere both safe and accessible is one of the most important steps you can take to protect your wishes.
Reviewing, Updating, and Getting Expert Help
Keeping your will updated ensures it reflects your current wishes as your life changes. Getting solid advice and choosing the best way to write your will can help you avoid costly problems.
When to Update Your Will
You should review your will after every major life event. This includes getting married, divorced, having a baby, or when someone named in your will passes away. Changing your financial situation, such as buying a home, getting an inheritance, or starting a new business, means you will need to look at your will again, too.
A good rule is to review your will every five years just to catch any small updates you might have missed. I always tell my clients that keeping your will up to date is one of the best ways to protect your loved ones and avoid confusion later on. If you need to make small changes, you can use a codicil, but big changes may mean you need a new will.
Writing down your wishes clearly helps prevent misunderstandings.
Legal and Financial Advice
Getting legal advice before making a will is important, especially if your estate is large or your wishes are complicated.
A lawyer or legal expert can make sure your will follows state laws, is valid, and covers everything you need. If you have concerns about taxes, trusts, or investments, talking to a financial advisor can help.
I recommend getting advisory services if you have blended families, own a business, or have assets in more than one state.
Legal advice can help you understand if a holographic will (handwritten and unwitnessed) is allowed where you live, or if you need to take extra steps to make your choices clear. This can avoid arguments or court battles down the road.
Here is a quick comparison:
| Situation | Who to Consult |
|---|---|
| Simple distribution | Lawyer (optional) |
| Trusts or tax planning | Financial advisor |
| Multiple homes/businesses | Legal and financial |
Online and Free Will Writing Services
Using an online will service is becoming more popular for simple estates. These tools can help you create a basic, valid will without a huge price. If you have a clear plan and simple assets, an online will might be the best way and save you time.
Free will writing services may also be available through some banks, nonprofit groups, or online platforms.
I have helped clients review online wills, and while they are useful for straightforward situations, they may miss important details if your life is more complex. Always verify that the online service is up-to-date with your state’s laws.
If you want to finish your will quickly and have a simple situation, starting with an online will tool could save you money. Just remember, if your life changes or your plans become more involved, getting help from a professional is still a good idea.
Conclusion
No matter your age, writing your own will is always a good idea. You never know when you might need to protect your loved ones and your wishes.
A will is more than just a legal document. It gives you control over who receives your assets and who takes care of your minor children. I have seen families feel more at ease knowing their estate planning is complete.
It’s important to make your will clear, sign it, and have it witnessed following your state law. You don’t have to write long paragraphs; just be direct and specific about your wishes.
As a lawyer, I recommend storing your last will in a safe place where your loved ones can easily find it if needed. If you don’t, the probate court may not be able to follow your wishes.
Don’t hesitate to seek legal advice if you are unsure about your will. Even a simple will can save your family a lot of stress after you’re gone.
Taking small steps now can make a big difference later!
Frequently Asked Questions
What should I consider when starting to write a will?
Think about everything you own—money, houses, cars, and personal items. Make a list of people or groups who should receive your assets. Decide who will take care of any children who are minors. I’ve often seen people forget digital assets, like online accounts or photos, so remember to include those too.
Are there ways to create a will without involving a lawyer?
You can make a will without a lawyer. There are forms and templates to help, which can be a simple way to get started. Just make sure your document follows your state’s rules. Homemade wills work, but mistakes can create problems if you don’t meet the legal requirements.
How can I make a will online, and is it legitimate?
Many websites offer easy tools for creating a will online, and in most states, these wills are legal. The important part is that you sign your will and have witnesses if your state asks for them.
Can I get a will notarized if I draft it myself?
Yes, you can have your will notarized even if you write it yourself. Having a notary can make it easier to prove your will is real in court. In my experience, adding a notarized statement, called a “self-proving affidavit,” can help your family avoid hassles later.
What are the steps to making a will for free?
Gather information about your assets and decide who will inherit them. Write down your wishes, including who will be the guardian of your children if needed. Print your will, sign it, and have witnesses watch you sign it. I always remind people that free methods are handy but should be double-checked for state law rules.
Do I need legal assistance to make a will if I live in Texas?
In Texas, you don’t have to use a lawyer to write a will. Texas allows handwritten (holographic) wills as long as they’re written entirely in your own handwriting and signed by you.
Typed wills must be signed and witnessed by two people who are at least 14 years old. Even though it’s not required, getting legal advice is a smart move—especially if you have a large estate, blended family, or complicated wishes.
Texas law has specific requirements, and a lawyer can help make sure your will is valid and enforceable.
