Writing your own Will can be a straightforward way to put your wishes in writing and make your plans clear to the people who matter to you.
A Will, also called a Last Will and Testament, is a legal document that explains what you want to happen to certain property and assets after your death. It can also allow you to name an executor and, where applicable, nominate guardians for minor children.
You do not necessarily have to hire a lawyer simply to begin preparing a Will. However, your Will must meet the legal requirements that apply where you live, and more complicated estates may benefit from professional legal advice.
If you are considering writing your own Will, here are the basic steps to follow.
1. Make a list of your assets
Start by making a list of the property and assets you own.
This might include:
- Your home or other real estate
- Bank accounts
- Savings
- Investments
- Vehicles
- Personal possessions
- Jewelry
- Family heirlooms
- Business interests
- Other valuable property
You do not necessarily need to list every ordinary household item individually. Instead, think about the property that would be important to you or your family.
Also remember that some assets may pass outside your Will. For example, certain accounts, insurance policies, retirement accounts, and jointly owned property may have beneficiary or ownership arrangements that affect how they are transferred.
2. Decide who you want to receive your property
Next, decide who you want to benefit from your estate.
These people are your beneficiaries.
You may want to leave property to:
- A spouse or partner
- Children
- Other relatives
- Friends
- Charities
- Other organizations
Think carefully about what you want each beneficiary to receive.
You can make specific gifts, such as leaving a particular piece of jewelry to someone, or make broader gifts involving the remainder of your estate.
It is also worth considering what should happen if a beneficiary dies before you. Your Will should address what happens in that situation.
3. Choose an executor
An executor is the person responsible for handling the administration of your estate after your death.
Depending on the state, this person may also be referred to as a personal representative.
The executor may have responsibilities such as locating your Will, identifying assets, paying valid debts and expenses, handling estate administration, and distributing property according to the Will and applicable law.
Choose someone you trust and who is capable of handling these responsibilities.
You should also consider naming an alternate executor in case your first choice cannot or does not want to serve.
4. Consider guardians for minor children
If you have minor children, your Will may be an important part of your estate planning.
You can generally use your Will to express your wishes concerning who should care for your minor children if you die.
Choosing a guardian is an important decision. Consider the person's relationship with your children, their ability to provide care, their values, and whether they are willing to take on the responsibility.
Because guardianship rules can vary by state, consider obtaining legal advice if this is an important part of your estate plan.
5. Decide what should happen to your remaining property
After specific gifts have been considered, think about what should happen to everything else.
This is often called the residue or remainder of your estate.
For example, you may want your remaining property to go to your spouse, children, or another beneficiary.
Having a clear plan for your remaining property can help reduce uncertainty about what happens to assets that are not specifically mentioned elsewhere in your Will.
6. Complete your Will carefully
Once you know what you want your Will to accomplish, you can complete your Will forms.
Read every section carefully and make sure the information is accurate.
Pay particular attention to:
- Your legal name
- Beneficiary names
- Executor information
- Guardian information, if applicable
- Specific gifts
- Instructions concerning the remainder of your estate
- Signature requirements
- Witness requirements
Do not leave important sections incomplete simply because you are unsure what they mean.
If a provision is unclear or your circumstances are complicated, consider speaking with an estate planning attorney.
7. Sign your Will correctly
Creating the document is only part of the process.
Your Will must also be properly executed under the law that applies to you.
The requirements for signing and witnessing a Will vary by state. Some states have specific rules concerning witnesses, notarization, self-proving affidavits, and other formalities.
For that reason, do not assume that the signing instructions you find online for one state automatically apply in another.
Follow the execution instructions that accompany your Will forms and verify that they are appropriate for your state.
8. Store your Will somewhere safe
After your Will has been properly completed and signed, keep it somewhere secure where it can be found when it is needed.
Your executor should know that you have a Will and know how to locate it.
Avoid storing the original somewhere that nobody can access after your death.
You may also want to keep a separate record of important information, such as financial accounts, insurance policies, property records, and contact information for people involved in your estate plan.
Can I write my own Will?
Yes, people can prepare their own Wills, but writing a Will yourself does not remove the need to follow applicable state law.
A DIY Will can be appropriate for someone with relatively straightforward circumstances who understands what the document is intended to accomplish.
However, professional legal advice may be particularly helpful if you have a complicated family situation, significant assets, a business, property in multiple states, a disabled beneficiary, or other circumstances that could make your estate more complicated.
What is a Will Kit?
A Will Kit can provide Will Forms and instructions designed to help you prepare your own Last Will and Testament.
A good Will Kit should make the process easier to understand by providing the necessary forms, instructions, and examples.
If you are looking for a practical way to begin preparing your own Will, a Legal Will Kit can give you the documents and guidance you need to get started.
Final thoughts
Writing your own Will does not have to be complicated.
Start by identifying your assets, deciding who you want to benefit, choosing an executor, considering guardianship where appropriate, completing your Will Forms carefully, and making sure the Will is properly signed and witnessed under the applicable law.
Most importantly, do not wait until it is too late. Having your wishes written down can give you and your family greater clarity about your intentions.
If you are ready to prepare your own Will, a DIY Will Kit can provide a convenient starting point with Will Forms, instructions, and an example for reference.
Important: This article provides general information and is not legal advice. Will requirements vary by state. If you are unsure whether your Will meets the requirements applicable to you, consult a qualified attorney in your state.
Source: United States Wills