{ "slug": "writing-a-basic-will-without-a-lawyer", "url": "https://checklists.org/c/writing-a-basic-will-without-a-lawyer", "markdown": "https://checklists.org/c/writing-a-basic-will-without-a-lawyer.md", "title": "Writing a Basic Will Without a Lawyer", "description": "What to work through if you want to write and execute a simple, valid will yourself.", "category": "life", "tags": [ "wills", "estate-planning", "legal" ], "version": "1.0", "updated": "2026-09-25", "sources": [ { "name": "American Bar Association", "url": "https://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/" }, { "name": "Nolo", "url": "https://www.nolo.com/legal-encyclopedia/making-will-basics-29464.html" }, { "name": "National Conference of State Legislatures (Uniform Probate Code overview)", "url": "https://www.uniformlaws.org/committees/community-home?CommunityKey=a53398b4-c688-441a-be51-0ed9ee420863" } ], "intro": "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.", "itemCount": 32, "essentialCount": 9, "sections": [ { "title": "Before You Draft Anything", "items": [ { "id": "c9ajo0", "text": "Check your state's rules on DIY/holographic wills", "note": "most 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", "essential": true }, { "id": "1u9vqvq", "text": "List everything you own and roughly what it's worth", "note": "house, accounts, vehicles, retirement accounts, life insurance, business interests" }, { "id": "1etdv2r", "text": "Note which assets already have a beneficiary designation", "note": "life 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", "when": "has-beneficiary-designated-assets" }, { "id": "fglkng", "text": "Decide who you want as executor", "note": "the person who carries out the will — and pick a backup in case they can't serve" }, { "id": "139zpxm", "text": "Decide who inherits what", "note": "name specific people or a clear formula (e.g. \"split equally among my children\")" }, { "id": "1ja9gza", "text": "Name a guardian for minor children if you have any", "note": "without this, a court decides who raises them, with no input from you", "when": "has-minor-children", "essential": true }, { "id": "1hbwnmy", "text": "Pick a backup guardian in case your first choice can't serve" }, { "id": "1yk44mp", "text": "Decide what happens if a beneficiary dies before you", "note": "name an alternate for each gift" }, { "id": "p5sbit", "text": "Check if you live in a community property state", "note": "Arizona, 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", "when": "community-property-state" } ] }, { "title": "Drafting the Will", "items": [ { "id": "jf7tl7", "text": "State clearly that this document is your will and that you're of legal age and sound mind" }, { "id": "vatorw", "text": "Include a clause revoking all previous wills and codicils", "note": "without it, an old will (or parts of it) can survive and create conflicting instructions", "essential": true }, { "id": "1n25bok", "text": "Name your executor and backup executor by full legal name" }, { "id": "63rix5", "text": "Name a guardian and backup guardian for minor children, if applicable", "when": "has-minor-children" }, { "id": "folg8g", "text": "Spell out your bequests", "note": "who gets what, in plain language, avoiding vague terms like \"my good jewelry\"" }, { "id": "1ja4qwh", "text": "Add a residuary clause covering anything not specifically mentioned", "note": "catches assets you forgot, acquire later, or that a gift fails to cover", "essential": true }, { "id": "1h51ue4", "text": "Avoid naming a witness as a beneficiary", "note": "in many states this can void that person's inheritance even if the will itself stays valid", "when": "witness-is-beneficiary" }, { "id": "3bcuuy", "text": "Leave money or set up a simple trust for gifts to minors", "note": "minors generally can't inherit property outright, so someone needs to manage it until they're of age", "when": "gifting-to-minors" }, { "id": "dgdy7f", "text": "Skip funeral wishes and organ donation details in the will itself", "note": "a will often isn't read until after the funeral, so put these in a separate letter or advance directive instead" } ] }, { "title": "Signing and Witnessing", "items": [ { "id": "10fl8u", "text": "Confirm the number of witnesses your state requires", "note": "almost always two, and this is usually the single most common reason DIY wills get thrown out", "essential": true }, { "id": "1hp2z38", "text": "Use witnesses who are not beneficiaries and not your spouse if at all possible", "note": "reduces any risk of the will being challenged" }, { "id": "w06mk5", "text": "Sign the will yourself in front of your witnesses, all present at the same time", "note": "signing alone and getting witnesses to sign later can invalidate the document in many states", "essential": true }, { "id": "ih4wkq", "text": "Have both witnesses sign in your presence and in each other's presence" }, { "id": "36lb7c", "text": "Add a self-proving affidavit and get it notarized", "note": "this lets the will skip having witnesses testify in court later, which speeds up probate significantly", "when": "self-proving-affidavit-available" }, { "id": "1yzbwxp", "text": "Initial each page if your state or your own preference calls for it", "note": "not always legally required, but it helps prevent pages being swapped later" }, { "id": "1g54r8y", "text": "Keep the signing pens and any drafts", "note": "not required, but useful if the will is ever challenged and you need to show how it was executed" } ] }, { "title": "After It's Signed", "items": [ { "id": "1kjm5jv", "text": "Store the original in a fireproof, findable place", "note": "courts 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", "essential": true }, { "id": "100fade", "text": "Tell your executor exactly where the original is kept" }, { "id": "jghsaj", "text": "Give copies (clearly marked \"copy\") to your executor and close family, not the original" }, { "id": "zr7t04", "text": "Check if your state has a will registry or lets you file it with the probate court in advance", "note": "only some states offer this", "when": "state-offers-will-registry" }, { "id": "rlmfl0", "text": "Revisit the will after any major life event", "note": "marriage, 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", "essential": true }, { "id": "1h1fds9", "text": "Make changes with a new will or a formal codicil, not by crossing things out or writing on the original", "note": "handwritten edits to an already-executed will can invalidate it or create confusing conflicting terms", "essential": true }, { "id": "g9wll6", "text": "Re-check the will every few years even without a major event", "note": "laws and asset values change" } ] } ] }