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Get your last wishes in order without paying a dime in legal fees
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No one likes to think about their death, so writing a will might've been something you've been putting off. But the reality is, it's a relatively straightforward process that will only take a couple of hours tops and will give you peace of mind knowing you've set down your final wishes. Read on to learn how to write a simple will that will cover most basic financial situations and be valid under US law. You'll also learn about different services you can use if the idea of writing your own will from scratch makes you too nervous.
Things You Should Know
- Identify yourself and state that this is your one and only will. Then, list your beneficiaries and name someone to be the executor of your will.
- Describe your assets and how you'd like them distributed to your beneficiaries. If you're intentionally leaving out a close relative, make that intention explicit.
- Sign your will in the presence of a notary and at least 2 adult witnesses so that it will be valid in probate court after your death. Give a copy to your executor.
Steps
Example and Template
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Identify yourself and the document in the declaration. The declaration is the little paragraph at the beginning that explains what document the reader is looking at. It explains that this is your will, and you’re the person who wrote it. Include enough detail that your identity can be verified. It's also best to use the proper legal terminology—you can copy this off of a free form or template. [1] X Research source
- For example, you might write, “I, [full name], living at [full address], declare this to be my last will and testament, and I revoke any and all wills and codicils made prior to this date. All references herein to ‘this will’ refer solely to this document.”
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List the people you're leaving your assets to. Include the full legal name of each of your beneficiaries, as well as their current addresses and their relationships to you. Most people list their immediate family members, but you can list anyone you'd like. [2] X Research source
- For example, you might write, "At the time of executing this will, I am married to [full name, address]. The names of my children are [list of full names, addresses]. I am also making provisions for [full name, address], my cousin, and [full name, address], a friend of the family. All other names not listed here are not being provided for.”
- If you're specifically leaving someone out, especially if they're closely related to you, it's a good idea to mention them by name here so there's no doubt that you intentionally left them out. For example, you might write, “I specifically and intentionally am failing to provide for [full name], my [relation], in this will.”
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Name your executor and authorize them to distribute the estate. The executor (also called a "personal representative") is someone you trust enough to carry out your wishes. Ideally, you want to choose someone with a background in accounting, law, or tax prep. You could also choose a law firm or hire a specific attorney. Your executor can also be someone close to you, but you don't want someone who will be so distraught by your passing that they wouldn't be able to carry out their duties. [3] X Research source
- Don't surprise your executor! Talk to them while you're drafting the will to make sure they're okay with this level of responsibility. You also want to name at least one alternate in case they're not available when the time comes.
- To name your executor and alternate, you might write, “I appoint [full name], my [relationship], as the sole executor of my will. If they are unable or unwilling to perform this task, I appoint [different full name]. My executor shall have all powers allowable to executors under the laws of [state where you live]. I direct no bond or security of any kind shall be required of any executor.”
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Describe any specific bequests you'd like to make. Here, you might divide your estate based on percentages, list specific items you want to leave to specific people, or some combination of the two. Split up your things between the people you've listed as your beneficiaries however you see fit. [4] X Research source
- For example, you might write, "To [full name, current address], I bequeath my record collection and turntable. To [full name, current address], I give my 1967 Mustang. I give all the rest of my personal property to my spouse, [full name, current address]. If my spouse does not survive me, I give all the rest of my personal property to my surviving children in equal shares."
- If you don't want to divide things equally, you might say, "I give 50% of my remaining personal property to my oldest son, [full name, current address], with the other 50% split among my younger children in equal shares."
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Divide your assets into classes if you prefer. This is a tidy way to divide your assets without getting into nitty-gritty details. Then, you can leave all assets in each category, whatever they happen to be, to a different beneficiary.
- For example, you might write, "I leave all real property to my spouse, [full name, current address]. To my son, [full name, current address], I leave my music instruments and recordings. To my daughter, [full name, current address], I leave my vehicles. My spouse and children are free to divide the rest of my assets among themselves as they see fit."
- This strategy is particularly helpful if you have collections that grow and change all the time. You can keep an inventory of the collection on a separate document and reference that document in your will.
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Provide for any minor children or pets. If you have minor children or children with special needs, list someone in your will who will take guardianship of your children after you pass. Do the same thing for your pets so you'll know they're taken care of. [5] X Research source
- Just like with your executor, don't surprise anyone with guardianship! Talk to your friends and family members before you decide on someone (and alternates) to care for your children or your pets if necessary.
- While it's never required, it's nice to leave some money to these guardians to help cover at least some of the costs associated with their guardianship.
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Add any miscellaneous provisions or requests. Use the final section of your will for anything that doesn't fit under any of the other sections, such as donations to charity. You can also use this section as a catch-all provision to bequeath the remainder of your estate if several of your beneficiaries die before you do. [6] X Research source
- For example, you might write, "Make a $10,000 donation to [charity name, address] and a $10,000 donation to my alma mater, [school name, address]. These donations are to come from funds in [account name, institution, account number], and to be made anonymously."
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Sign and date your will in the presence of a notary and 2 witnesses. While the specific requirements to execute a will vary among states, you'll generally be safe if you sign your will in the presence of a notary and 2 adult witnesses, who also sign the will. Even if your state doesn't require witnesses, it's still best to be on the safe side here in case someone challenges your will in court. [7] X Research source
- Generally, choose witnesses who are adults and who aren't named as beneficiaries in your will. This ensures that they're "disinterested" and would have no motivation to lie about your mental state when you signed the will. [8] X Research source
- Getting your will notarized makes it "self-proving." Since the notary verifies your identity and confirms that you're of sound mind and not under duress, the court typically won't need the witnesses to come and testify to those facts.
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Check online for a statutory form for your state. Some states have enacted the Uniform Statutory Will Act and offer a statutory will form, including California, Maine, Michigan, New Mexico, and Wisconsin. These forms are available for free and are easy to use if you have a relatively simple estate with few assets. [9] X Research source
- The main downside to these wills is that you can't customize them or change them in any way. Check the form to make sure you're going to be able to do everything you want to do before you use it.
- Statutory wills generally won't work for people who don't want children to inherit equally, want property to go to friends rather than family, or have other complications. [10] X Research source
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Use an online template service to create your will. Many popular online legal services sites, such as LegalZoom and Rocket Lawyer, offer will templates that guide you through the process. Simply answer a few questions, and the service will automatically create a will certified to meet your state's legal requirements. [11] X Research source
- These forms aren't free, but they're a lot more affordable than hiring an attorney. Most services cost under $100 for a single simple will.
- You might also try Free Will , a website that has partnered with nonprofits to help people write their wills for free (although making a small donation to one of the partnered nonprofits is highly encouraged).
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Collaborate with an attorney if you have a complex estate. A simple, DIY will isn't the best solution if you have a large or complex estate. The more assets you have, the more likely it is that someone will contest your will after your death—especially if you intend to leave someone out of your will. While hiring an attorney may cost $1,200 or more, it's worth it if you: [12] X Research source
- Own a lot of assets or own property in multiple states
- Have complicated family dynamics
- Own your own business
- Have step-children or children from a previous relationship
- Have been married or divorced more than once
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Tips
- Give a copy of your will to your executor once it has been drafted. You can also file a copy of your will with the county clerk so that the state has it available. It's generally a good idea to have several copies stashed away in different places. [13] X Research sourceThanks
- Revise your will as your situation changes—look at it at least once every 5 years, or whenever you have a major life change, such as the death of a beneficiary, divorce, or the birth of a child. [14] X Research sourceThanks
- If you have a super straightforward estate, look up your state's intestacy laws to find out what will happen if you die without a will. If you're happy with how your state would distribute your estate, you don't necessarily need a will. [15] X Research sourceThanks
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Warnings
- This article describes the process of writing a simple will in the United States. If you live in another country, the legal requirements might be different.Thanks
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References
- ↑ https://texaslawhelp.org/article/do-it-yourself-guide-for-handwritten-wills
- ↑ https://texaslawhelp.org/article/do-it-yourself-guide-for-handwritten-wills
- ↑ https://texaslawhelp.org/article/do-it-yourself-guide-for-handwritten-wills
- ↑ https://www.aarp.org/money/investing/info-2023/top-facts-about-writing-a-will.html
- ↑ https://www.dshs.wa.gov/altsa/home-and-community-services/legal-planning
- ↑ https://www.stonybrook.edu/commcms/advancement/giving/estate-and-planned-gifts/
- ↑ https://texaslawhelp.org/article/do-it-yourself-guide-for-handwritten-wills
- ↑ https://www.aarp.org/money/investing/info-2023/top-facts-about-writing-a-will.html
- ↑ https://www.calbar.ca.gov/Portals/0/documents/CAStatutoryWillForm_ab_1986_bill_20100715_chaptered.pdf
- ↑ https://michiganlegalhelp.org/resources/wills-and-life-planning/making-will
- ↑ https://www.aarp.org/money/investing/info-2019/15-minute-will.html
- ↑ https://www.aarp.org/money/investing/info-2019/15-minute-will.html
- ↑ https://www.ncoa.org/adviser/estate-planning/how-to-make-a-will-without-a-lawyer/
- ↑ https://www.ncoa.org/adviser/estate-planning/how-to-make-a-will-without-a-lawyer/
- ↑ https://www.aarp.org/money/investing/info-2019/15-minute-will.html
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