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How to Write a Will

Federal & State Law Editorial TeamLast reviewed: 2025-12-10

A will (or last will and testament) is a legal document that directs how your property and assets should be distributed after your death.

Basic requirements for a valid will:

  • Legal age — You must be at least 18 years old (19 in some states).
  • Sound mind — You must understand what a will is, what property you own, and who your beneficiaries are.
  • Written — Most states require a written document (not oral).
  • Signed — You must sign the will, or direct someone to sign on your behalf in your presence.
  • Witnessed — Most states require two witnesses who are not beneficiaries to watch you sign and then sign themselves.
  • What to include:

  • A declaration that this is your will, revoking all prior wills.
  • Identification of your beneficiaries (who gets what).
  • Specific bequests (particular items to particular people).
  • Residuary clause (what happens to everything not specifically mentioned).
  • Name an executor (the person who administers your estate).
  • Guardian for minor children (if applicable).
  • Digital asset provisions.
  • Special types of wills:

  • Holographic will — Handwritten and signed by you, valid without witnesses in some states.
  • Self-proving will — Includes a notarized affidavit from witnesses, simplifying probate.
  • What a will cannot do:

  • Override beneficiary designations on life insurance, retirement accounts, or payable-on-death accounts.
  • Transfer property held in joint tenancy.
  • Include conditions that are illegal or against public policy.
  • This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You have significant assets or complex family situations
    • You want to establish trusts for minor children
    • You want to ensure your will is properly executed and enforceable
    Related Statutes & Laws
    • State probate codes
    • Uniform Probate Code

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.