A will only works if it's signed and witnessed the right way — get that part wrong and the rest doesn't matter. This walks you through the basics: figuring out what to put in, getting it executed correctly, and keeping it valid over time. It's meant for a straightforward estate (no trusts, no complicated tax situations) — if your finances or family are complicated, or your state doesn't recognize DIY wills, get a lawyer involved.

32 items · 9 essential reviewed 25 Sep 2026 3 sources .md .json

Before You Draft Anything

Check your state's rules on DIY/holographic willsmost states require a typed, witnessed will; a handful accept a will entirely in your own handwriting (holographic) with no witnesses, but rules differ sharply by state
List everything you own and roughly what it's worthhouse, accounts, vehicles, retirement accounts, life insurance, business interests
Note which assets already have a beneficiary designation if has beneficiary designated assetslife insurance, 401(k)s, IRAs, and payable-on-death accounts pass to named beneficiaries automatically and skip the will entirely, so your will can't override them
Decide who you want as executorthe person who carries out the will — and pick a backup in case they can't serve
Decide who inherits whatname specific people or a clear formula (e.g. "split equally among my children")
Name a guardian for minor children if you have any if has minor childrenwithout this, a court decides who raises them, with no input from you
Pick a backup guardian in case your first choice can't serve
Decide what happens if a beneficiary dies before youname an alternate for each gift
Check if you live in a community property state if community property stateArizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin treat marital property differently, which limits what you can leave to someone other than your spouse

Drafting the Will

State clearly that this document is your will and that you're of legal age and sound mind
Include a clause revoking all previous wills and codicilswithout it, an old will (or parts of it) can survive and create conflicting instructions
Name your executor and backup executor by full legal name
Name a guardian and backup guardian for minor children, if applicable if has minor children
Spell out your bequestswho gets what, in plain language, avoiding vague terms like "my good jewelry"
Add a residuary clause covering anything not specifically mentionedcatches assets you forgot, acquire later, or that a gift fails to cover
Avoid naming a witness as a beneficiary if witness is beneficiaryin many states this can void that person's inheritance even if the will itself stays valid
Leave money or set up a simple trust for gifts to minors if gifting to minorsminors generally can't inherit property outright, so someone needs to manage it until they're of age
Skip funeral wishes and organ donation details in the will itselfa will often isn't read until after the funeral, so put these in a separate letter or advance directive instead

Signing and Witnessing

Confirm the number of witnesses your state requiresalmost always two, and this is usually the single most common reason DIY wills get thrown out
Use witnesses who are not beneficiaries and not your spouse if at all possiblereduces any risk of the will being challenged
Sign the will yourself in front of your witnesses, all present at the same timesigning alone and getting witnesses to sign later can invalidate the document in many states
Have both witnesses sign in your presence and in each other's presence
Add a self-proving affidavit and get it notarized if self proving affidavit availablethis lets the will skip having witnesses testify in court later, which speeds up probate significantly
Initial each page if your state or your own preference calls for itnot always legally required, but it helps prevent pages being swapped later
Keep the signing pens and any draftsnot required, but useful if the will is ever challenged and you need to show how it was executed

After It's Signed

Store the original in a fireproof, findable placecourts generally need the original signed document, not a copy or scan; a lost original can mean your estate is treated as if you died without a will
Tell your executor exactly where the original is kept
Give copies (clearly marked "copy") to your executor and close family, not the original
Check if your state has a will registry or lets you file it with the probate court in advance if state offers will registryonly some states offer this
Revisit the will after any major life eventmarriage, divorce, birth, death of a beneficiary or executor, or a big change in assets — divorce in particular doesn't always automatically cancel gifts to an ex-spouse, depending on your state
Make changes with a new will or a formal codicil, not by crossing things out or writing on the originalhandwritten edits to an already-executed will can invalidate it or create confusing conflicting terms
Re-check the will every few years even without a major eventlaws and asset values change

Tell us what’s going on — everyday words are perfect

Built only from the steps above — nothing new gets invented.

Sources & upkeep

americanbar.org
- American Bar Association
nolo.com
- Nolo
uniformlaws.org
- National Conference of State Legislatures (Uniform Probate Code overview)

All 3 sources are re-checked weekly. When one changes a fact this checklist asserts, the step is edited and the change is logged — the revision history is public.

Different situation? — it only selects from the steps above; nothing new is written.

Essential isn’t a shorter checklist — it’s the same one with the optional steps tucked away. Everything’s still a click away, and the essential marks stay put in anything you make from this, right down to the .json.

A helpful starting point, not professional advice — here’s why.