--- 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 --- 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. ## Before You Draft Anything - [ ] Check your state's rules on DIY/holographic wills `{essential}` 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 - [ ] List everything you own and roughly what it's worth house, accounts, vehicles, retirement accounts, life insurance, business interests - [ ] Note which assets already have a beneficiary designation `{when: has-beneficiary-designated-assets}` 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 - [ ] Decide who you want as executor the person who carries out the will — and pick a backup in case they can't serve - [ ] Decide who inherits what name specific people or a clear formula (e.g. "split equally among my children") - [ ] Name a guardian for minor children if you have any `{when: has-minor-children}` `{essential}` without 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 you name an alternate for each gift - [ ] Check if you live in a community property state `{when: community-property-state}` 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 ## 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 codicils `{essential}` without 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 `{when: has-minor-children}` - [ ] Spell out your bequests who gets what, in plain language, avoiding vague terms like "my good jewelry" - [ ] Add a residuary clause covering anything not specifically mentioned `{essential}` catches assets you forgot, acquire later, or that a gift fails to cover - [ ] Avoid naming a witness as a beneficiary `{when: witness-is-beneficiary}` in 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 `{when: gifting-to-minors}` minors 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 itself a 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 requires `{essential}` almost 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 possible reduces any risk of the will being challenged - [ ] Sign the will yourself in front of your witnesses, all present at the same time `{essential}` signing 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 `{when: self-proving-affidavit-available}` this 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 it not always legally required, but it helps prevent pages being swapped later - [ ] Keep the signing pens and any drafts not 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 place `{essential}` 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 - [ ] 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 `{when: state-offers-will-registry}` only some states offer this - [ ] Revisit the will after any major life event `{essential}` 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 - [ ] Make changes with a new will or a formal codicil, not by crossing things out or writing on the original `{essential}` handwritten 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 event laws and asset values change