Creating a Will: A Step-by-Step Guide for Estate PlanningApril 15, 2025

Making a will is one of the most important steps you can take to protect your loved ones and ensure that your assets are distributed according to your wishes. Yet, many people delay this critical part of estate planning, believing it’s too complex, only necessary for the wealthy, or something to deal with later in life.

The reality is this: everyone needs a will, regardless of age, income level, or family structure. A will ensures that your final wishes are respected, minimizes legal complications, and provides clarity during a time that’s often marked by grief and confusion.

This step-by-step guide walks you through the process of creating a will—from preparation to execution—so you can complete this essential task with confidence and peace of mind.

Understanding the Purpose of a Will in Estate Planning

What Is a Will and Why Do You Need One?

A will is a legal document that outlines your instructions for how your assets and property should be handled after your death. It also allows you to name guardians for minor children, designate an executor to manage your estate, and leave specific gifts to individuals or charities.

Many people think a will is only needed if they have a large estate. In truth, a will is just as important for someone with a modest income and a small family. The purpose of a will is not how much you own—but ensuring that what you do own ends up where you want it to go.

A well-written will provides structure, avoids confusion, and helps prevent family disputes. It also gives you control over decisions that would otherwise be made by a probate judge.

What Happens If You Die Without a Will?

Dying without a will—known as dying intestate—means the state decides how your estate is distributed. This typically follows a strict legal formula based on blood relationships, regardless of your personal wishes or family dynamics.

If you have no will, your spouse and children might inherit your property in percentages determined by state law, even if you wanted a different arrangement. If you have minor children and haven’t named a guardian, the court will appoint one without knowing your preferences.

In addition to potential disputes, dying intestate can lead to longer and more expensive probate proceedings. Your loved ones may face unnecessary stress, legal fees, and delays during a time when they’re already coping with loss.

What to Consider Before Writing Your Will

Creating a will starts long before pen meets paper. It begins with organizing your thoughts, taking stock of what you have, and making important decisions that reflect your personal wishes.

Take Inventory of Your Assets

Start by listing all your significant assets. This includes real estate, vehicles, bank accounts, investment portfolios, retirement plans, life insurance policies, business interests, and valuable personal property like jewelry or collectibles. Don’t overlook digital assets like online accounts or cryptocurrency.

This inventory provides a clear picture of your estate and helps you make informed decisions about who should receive what.

Decide Who Gets What

Once you know what you own, decide who you want to inherit each item or percentage of your estate. These individuals are your beneficiaries. Be specific about your wishes to avoid ambiguity—especially for sentimental or high-value items.

It’s also smart to name alternate or contingent beneficiaries. This ensures that if someone named in your will passes away before you, their share can go to someone else you choose.

Choose a Guardian for Minor Children

If you have children under 18, naming a guardian is a critical part of your will. Without this, the court decides who will raise your children—possibly someone you wouldn’t have chosen.

Think carefully about who you trust to raise your children. Consider their values, location, relationship with your kids, and financial stability. Always talk to your chosen guardian beforehand to confirm they’re willing and able to take on this responsibility.

Select an Executor

An executor is the person responsible for carrying out the instructions in your will. Their duties include managing your estate, paying debts and taxes, and distributing your assets.

Choose someone who is organized, responsible, and trustworthy. It can be a family member, close friend, or professional like a lawyer or accountant. You may also name a backup executor in case your first choice is unable to serve.

Step-by-Step Guide to Creating a Will

Step 1: Choose the Right Type of Will

There are several types of wills, and the best choice depends on your needs.

• A simple will covers basic instructions and is suitable for most people.
• A testamentary trust will allows you to create a trust upon your death, useful for leaving money to minors or individuals with special needs.
• A joint will is shared between spouses but is less flexible and less commonly recommended.
• A living will outlines your medical wishes, not asset distribution—it’s often part of a broader estate plan.

Choose the format that aligns with your goals and family structure.

Step 2: Decide on Legal Help or DIY

You can draft a will on your own using online templates or software, but there are risks to doing it yourself. If your estate is complex, or if you have unique family dynamics (like blended families or estranged relatives), it’s best to work with an attorney who specializes in estate planning.

A lawyer can ensure your will meets your state’s legal requirements and reflects your wishes accurately, reducing the chance of it being contested.

Step 3: Draft the Document

Your will should follow a clear structure. Start with a statement identifying yourself and declaring that this is your last will and testament. Name your executor and any guardians for minor children. Then list specific bequests and how the remainder of your estate (called the “residue”) should be divided.

Use simple, direct language. Avoid vague phrases that could be misinterpreted or challenged later in court.

Step 4: Sign and Witness the Will

Each state has its own laws about signing a will. Most require two adult witnesses who are not beneficiaries. In some states, wills must be notarized as well.

Failing to meet these requirements can render your will invalid, so be sure to follow your state’s legal guidelines carefully.

Step 5: Store the Will Safely

Once signed, your will should be kept in a secure yet accessible place. Options include a fireproof safe at home, a safe deposit box, or your attorney’s office. Tell your executor where the will is stored and how to access it.

Never hide your will so well that no one can find it when it’s needed.

Keeping Your Will Up to Date

Creating a will isn’t a one-and-done task. Life changes—and your will should change with it.

When to Update Your Will

You should update your will any time a major life event occurs. This includes getting married or divorced, having or adopting a child, the death of a beneficiary, moving to a different state, or acquiring significant assets. As a rule of thumb, review your will every three to five years to make sure it still reflects your wishes.

How to Update Your Will

You can update your will by creating a codicil, which is an amendment to your existing will. For significant changes, it’s often better to create a brand-new will and revoke the old one. Always follow the same signing and witnessing requirements as your original will.

Additional Estate Planning Documents to Consider

A complete estate plan often includes more than just a will. These documents provide added protection and clarity, especially if you become incapacitated.

Living Will (Advance Healthcare Directive)

This outlines your wishes for medical treatment if you are unable to communicate. It typically covers things like life support, resuscitation, and organ donation.

Power of Attorney

A financial power of attorney allows someone you trust to handle your legal or financial affairs if you become incapacitated. This authority can be broad or limited, depending on your preferences.

Trusts

Trusts allow you to control how and when assets are distributed. They’re especially useful for avoiding probate, managing large estates, or providing for beneficiaries with special needs.

Letter of Instruction

This is a non-legally binding document that provides helpful information for your family and executor. It might include funeral wishes, account passwords, or a list of contacts.

Common Mistakes to Avoid When Writing a Will

Even with good intentions, mistakes in your will can lead to confusion, legal disputes, or unintended outcomes.

Using Vague or Ambiguous Language

Clarity is essential. Avoid terms like “my favorite niece” or “all my stuff.” Be specific about what assets you’re referring to and who should receive them.

Not Naming Contingent Beneficiaries

If your primary beneficiary can’t inherit, your assets may go to someone you didn’t intend. Always include backups.

Failing to Update the Will After Life Changes

Outdated wills are one of the most common problems in estate planning. An old will might leave assets to a deceased relative or ex-spouse, creating legal headaches for your heirs.

Not Communicating With Your Family

A will is a legal document, but open communication helps prevent surprises. Let your loved ones know your general plans and why you made certain choices. This reduces the risk of conflict or confusion later on.

Frequently Asked Questions (FAQs)

Do I Need a Lawyer to Write a Will?

No, but legal help is strongly recommended if your estate is complex, if you own property in multiple states, or if you’re concerned about family disputes. For simple estates, online tools may suffice, but they carry more risk.

Can I Change My Will After It’s Signed?

Yes. You can update your will at any time through a codicil or by drafting a new will. Just make sure to follow the correct legal procedures when doing so.

Where Should I Store My Will?

Store your will in a secure but accessible location. A fireproof safe or your attorney’s office is ideal. Make sure your executor knows where it is and how to access it.

What’s the Difference Between a Will and a Trust?

A will outlines how your assets should be distributed after death and must go through probate. A trust allows assets to pass outside of probate and can offer more control and privacy.

Does a Will Avoid Probate?

No. A will typically goes through probate. However, having a clear and valid will can streamline the process and reduce disputes.

Conclusion

Creating a will is one of the most responsible and thoughtful actions you can take to protect your loved ones and ensure your final wishes are honored. It doesn’t have to be overwhelming, and it’s never too early to start. With a step-by-step approach, you can create a will that brings peace of mind and clarity to those you care about most.

Don’t wait for a crisis to act. Start your estate planning today—and take control of your legacy.

Please contact Lynn Conover at lconover@curchin.com with any additional questions or feedback regarding Estate Planning.