Back to QuestionsLegal 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.
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.
Holographic will — Handwritten and signed by you, valid without witnesses in some states.
Self-proving will — Includes a notarized affidavit from witnesses, simplifying probate.
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.
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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:
What to include:
Special types of wills:
What a will cannot do:
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
Related Guides
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.