How to Write a Will: Everything You Need to Know for Setting Up a Will

Setting up a will doesn’t need to be a highly complicated endeavor. Although most traditional wills are made by lawyers, it’s easy to learn how to create a will without a lawyer in today’s modern world.

If you’re wondering how to draw up a will, bear in mind that you’ll need to follow your state’s legal requirements for a last will and testament. You can also find easy-to-follow templates based on your state and country.

So, how is a will created? You can start by doing the following:

• Research your state’s legal requirements. If you choose to write your legal will, it’s best to research your state’s legal requirements surrounding wills and estates to ensure your document’s validity. Even if you have a good understanding of how to write a will and testament, consider having it reviewed by a lawyer to ensure it meets all of your state’s legal requirements.
• Identify yourself. When you set out to write your will, don’t forget to identify yourself within the will. Start by identifying yourself in the will—include your name, Social Security number, address, driver’s license, phone number, and date of birth.
• Introduce the document. The first sentence of your will should introduce the document. It can be as simple as: “I declare this document as my last will and testament.” If you’ve written previous wills in the past, you need to add a provision to ensure that any existing wills are no longer valid.
• Confirm your mental health. Next, declare your own mental well-being. In court, wills are most often challenged on the idea that the testator was not of sound mind when making adjustments to a will. As you craft your will, include a sentence to confirm your mental well-being, such as: “I declare that I am of sound mind to make this will.”
• Articulate your intent. Lastly, all of your wishes and requests in your will must be made according to your own desires. To clarify your intent, include a sentence such as: “This last will expresses my final wishes without influence or duress.”

Where to Create a Will

When it comes to where to draw up a will, you no longer need to spend hours at your lawyer’s office—instead, you can learn how to create a simple will from the comfort of your own home. All you need is a template, kit, or access to an online will-maker template.

One element to keep in mind: Although writing out your will by hand might seem like a straightforward option, it’s not recommended. Known as a holographic will, a handwritten will can be difficult to prove in court and lead to further challenges and stressors for your family and loved ones. Opt for a digital will and save your family time and stress.

How to Create a Will Online

Wondering how to create a will online? There are a plethora of online resources available to assist you as you learn how to create a last will and testament. There are several online companies, such as Nolo.com, LawDepot.com, and Legalzoom.com, which allow you to create a will from the comfort of your home.

When you select one of these services, you’ll be walked through a series of questions to help you figure out how to write a will. Then, you’ll have to print it out and get it signed by at least two witnesses—more on that below! Most online will programs will allow you to edit the document or make additions over time, so if you end up wanting to adjust anything, it’s easy to do so.

The cost of making your will online typically ranges from $20 to $100 but ultimately depends on the service you select. Compared to the cost of a lawyer, creating your own will online tends to be a much more cost-effective option.

Knowing how to create a legal will in your state, specifically, is an important step. Will-related laws vary state by state—and some states don’t accept the same will format or template that others do. This can lead to confusing and frustrating disparities in the process; for example, a holographic will (written entirely by hand) is valid in Texas but not in Florida.

Additionally, property laws in each state can differ greatly. In a common-law state, a spouse’s property is considered individually owned; however, in a community property state, any asset acquired during a marriage is considered community property. These two differences in state property laws can lead to shifts in how your assets are distributed after your death—and important information to keep in mind as you create your own legal will.

How do you make sure that your will covers all the bases? Well, if you’re planning to move in your golden years or settle down somewhere new, spend some time reviewing all wills-related laws. We’d even recommend reaching out to an in-state attorney to ensure that your will and testament will be accepted without confusion.

Once you’ve chosen your will executor, it’s time to select your beneficiaries. A beneficiary is an individual or an entity that you’d like to pass your estate to after your death—and as you figure out how to write a will, you’ll need to designate your assets to your beneficiaries.

As you begin to consider your beneficiaries, determine which assets you’ll need to divide up:

• Real estate, land, or buildings
• Personal property
  • Cars
  • Jewelry
  • Furniture
• Checkings and savings accounts
• Stocks and bonds
• Intellectual property
  • Copyrights
  • Patents
  • Royalties
• Business ownership

Next up, it’s time to consider all of your assets and determine how you wish all of your assets to be divided upon your death. If you’re wondering, how long does it take to create a will? Considering all of your assets is certainly one of the most time-consuming sections of your will.

• Make a comprehensive list of all your assets. Far too often, seniors leave all belongings to a spouse or relative without explaining the specific distribution of assets—and leaving family members frustrated or confused about what to do. To avoid complications, make a comprehensive list of your assets with specific details on who will inherit each asset.
• Determine what assets you can bequeath. If you’re married, this is where state laws might come back into play. If you live in a common-law state, you can bequeath any property that includes your name on the deed, registration papers, or any other document that proves the title. If you live in a community property state, however, 50 percent of all the assets you accumulate during your marriage belong to your spouse—and the remaining 50 percent are yours to distribute.
• Divide your assets among beneficiaries. The only way to ensure that your assets are left to the people you want to have them? Be specific. Once you’ve determined what assets you have access to, consider how you’d like to divide assets among your beneficiaries. This can be as simple as writing, “To my mother, Jane Smith, I bequeath 50 percent of my estate.” However, when articulating the beneficiary of specific assets, it’s best to provide clear direction. You can write, for example, “To my sister, Jordan Smith, I give the entirety of my gold jewelry collection.”

Remember: It’s completely normal—and even encouraged!—to ask family members if there are any particular items that they specifically want. By having an open conversation about items that are important or sentimental to your family, you can ensure that your family has the mementos that mean the most to them after your passing.

You’re almost there! Once you’ve gone through the process of dividing up assets and selecting beneficiaries, it’s time to finalize your will with notarization and witnesses.

• Sign your will with witnesses. Every state has different stipulations about signing your will—but generally, you’ll need to sign and date your will once you’ve finished writing it. In most cases, you’ll need to sign the document in front of two witnesses who will also sign a statement to confirm your mental fortitude and capacity. Your witnesses cannot be beneficiaries of your will.
• Notarizing your will: In most states, you don’t need to have your will notarized by a notary public. However, having your will notarized can be a strategic step. If a will is both signed in the presence of a notary public and the identity of the testator is proven, the notary public will include a statement that the will was properly executed. With this seal of approval, the will becomes a self-proving document and a court won’t have to call any witnesses to testify after your passing. Although it’s typically an optional step, notarizing can be a helpful step to save your friends and family members a hassle.

Another part of learning how to write a will is keeping it up to date. In fact, updating your will throughout your life is completely normal and encouraged.

• For minor changes: If things change and you want to make edits to your will, use a codicil: a document that refers to your original will and attests that you’re making revisions to that original document. When you create a codicil, you’ll keep it with your original will—so it’s simple to see any revisions or additions.
• For substantial changes: If there’s been a lot of time between your will, it might be time for a substantial rewrite—especially if your children have grown up, your marital status has changed, or perhaps your assets have changed significantly. Whatever the reason, it’s best to make a new will to stay organized and up to date.

You may have additional estate planning documents that extend beyond your will.

• Living Will: A living trust is created prior to someone’s death and created outside of probate. This means that heirs don’t have to navigate the court system in order to receive assets—instead, the trustee can distribute assets directly to beneficiaries.
• Testamentary Trust: If you want to leave money or assets to a minor child, a testamentary trust is one option to use. This trust is administered through probate, which leads to additional court oversight.
• Power of Attorney: This document allows a third party to make financial and legal decisions. Your power of attorney often works in tandem with your will—and it’s best to ensure that you have both documents ready so you’re prepared for the future.

Our content is created for educational purposes only. This material is not intended to provide, and should not be relied on for tax, legal, or investment advice. Everdays encourages individuals to seek advice from their own investment or tax advisor or legal counsel.