How to Write a Will:
Step-by-Step Guide 2026

Writing a will is one of the most important things you can do for your family — and one of the things people put off longest. In 2026, the process takes less than an hour online and costs under $100. There is no longer any good reason to delay.

This step-by-step guide covers everything you need to decide before you start, the actual writing process (or how to use an online service), signing requirements, and what to do after your will is complete.

Before You Start: What You Need to Decide

Writing a will goes faster if you've thought through these decisions first. Grab a piece of paper and work through each one before sitting down at the computer.

1. Who Gets Your Assets?

Think through who you want to inherit your estate. Most people leave everything to their spouse first, then to their children equally, with a contingency plan if everyone predeceases them (e.g., to siblings, or a charity). Be specific about any items of sentimental or significant monetary value you want to leave to specific people (a piece of jewelry, a car, a vacation home).

2. Who Will Be Your Executor?

Your executor (called a "personal representative" in some states) is the person responsible for administering your estate — filing with the court, paying debts, and distributing assets. Choose someone: organized, responsible, located near you, willing to serve, and ideally younger than you. Name a successor executor as backup.

3. Who Gets Custody of Your Children?

If you have minor children, naming a guardian is the most critical decision in your will. Choose someone who shares your values, has the capacity to raise children, and is willing to serve. Discuss it with them before naming them.

4. How Will Minor Children Receive Their Inheritance?

An 18-year-old inheriting a significant sum directly is often not ideal. Consider a testamentary trust within your will that holds assets for children until they reach a certain age (e.g., 25 or 30) with the trustee having discretion for education and health expenses in the meantime.

5. Any Specific Bequests?

List any items you want to leave to specific people outside of the general distribution — a piece of art, a specific bank account, family heirlooms, a vehicle.

Step-by-Step: How to Write Your Will

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1. Choose Your Method: Online Service vs. Attorney For most people — straightforward family situations, assets under $1 million, no business ownership — an online service is perfectly adequate and dramatically cheaper. An attorney is recommended for complex situations: blended families, business interests, real estate in multiple states, or estates requiring special needs trusts.
2. Select a State-Specific Online Service Choose a reputable service that generates state-specific documents. Top options: Trust & Will ($89 individual), LegalZoom ($89+), or Nolo WillMaker (~$89.99). All three create valid, state-specific wills. Compare the features in our Best Online Will Maker guide.
3. Complete the Questionnaire Online will services use a questionnaire format — you answer questions about your family, assets, and wishes, and the system builds your will. With your decisions already made (Step 0 above), this takes 20–40 minutes. You can save your progress and return if needed.
4. Review the Draft Carefully Before finalizing, read through the complete will document. Confirm every name is spelled correctly (as it appears on ID), every asset is described accurately, and every decision reflects your actual wishes. Pay special attention to the residuary estate clause — this captures everything not specifically listed.
5. Print and Sign in Front of Witnesses Most states require: (1) your signature, (2) two adult witnesses who are not beneficiaries in the will. Some states require notarization. Have witnesses sign in your presence on the same day. Online services include specific signing instructions for your state.
6. Consider Making It "Self-Proving" A self-proving will includes a notarized affidavit from you and your witnesses. It's not required, but it simplifies probate — the court can accept the will without needing witnesses to testify that they saw you sign. Adding a notary adds one step but can save your family significant hassle later.
7. Store Your Will Safely Keep the original will in a fireproof safe, a safe deposit box, or with your attorney if you used one. Tell your executor exactly where it is. Make sure they have access. A will that can't be found is nearly useless.
8. Tell Your Executor Give your executor a copy of your will and discuss what it contains. They shouldn't be surprised by its contents when the time comes. Also share the location of: important financial documents, insurance policies, bank account information, and any specific items noted in the will.
9. Update After Major Life Events A will is a living document — it should reflect your current life. Review and update after marriage, divorce, birth of a child, death of a named party, significant change in assets, or any major relationship change. Most online services make updates easy within your account.

What to Include in Your Will

A complete, legally valid will must include these elements:

• Identification: Your full legal name, date, and state
• Testamentary declaration: Statement that this is your last will and testament and revokes all prior wills
• Executor designation: Name and address of your executor and successor executor
• Beneficiary designations: Who gets what, in what shares
• Guardian designation: (If you have minor children) Who raises them and manages their inheritance
• Specific bequests: Particular items or amounts to specific people
• Residuary clause: Who gets everything not otherwise specifically addressed
• Signature: Your signature plus witnesses and/or notarization per state requirements

Common Will-Writing Mistakes to Avoid

• Using generic templates: Requirements vary by state — generic templates may not meet your state's execution formalities
• Not updating after major events: A will naming an ex-spouse as executor is a serious problem
• Forgetting contingency plans: What if your primary beneficiary predeceases you?
• Handwriting a will without knowing your state's rules: Holographic (handwritten) wills are valid in some states and invalid in others
• Letting beneficiaries witness the will: Beneficiaries should not serve as witnesses — it can invalidate their inheritance in some states
• Ignoring beneficiary designations: Your will can't control retirement accounts or life insurance — update those separately

For more guidance on the full estate planning picture, see our Complete Estate Planning Checklist for 2026.

Frequently Asked Questions