Educational guide — not legal advice. Will requirements vary by state. Confirm specifics with a licensed attorney in your jurisdiction before relying on this page.
What a will actually does (and doesn’t)
A will is a written legal document that takes effect when you die. At its core, it does four things:
- Names an executor — the person responsible for settling your estate.
- Names beneficiaries — the people, organizations, or causes who inherit.
- Names a guardian for any minor children, if applicable.
- Records specific gifts — particular items going to particular people.
What a will does not do:
- It does not take effect while you’re alive. For that you need a power of attorney and a healthcare directive.
- It does not override beneficiary designations. Retirement accounts, life insurance, and payable-on-death accounts pass directly to the named beneficiary regardless of what your will says.
- It does not avoid probate. A will goes through probate; only a funded trust avoids it.
- It does not cover joint property with right of survivorship — that passes automatically to the survivor.
If you’re trying to decide whether you also need a trust, see our Will vs. Trust guide.
The parts of a typical will
Most US wills follow a standard structure. You don’t need to use legal-sounding language; plain English is fine, and many modern wills do.
1. Identification and declaration
You identify yourself, declare this is your will, and revoke any prior wills. (“I, [Name], a resident of [City, State], being of sound mind, declare this to be my Last Will and Testament and revoke all prior wills.”)
2. Executor appointment
You name the person who will carry out your wishes. You should also name a backup in case the first choice can’t serve.
3. Guardian for minor children
If you have children under 18, name the person you want to raise them. Pick someone, talk to them about it, and pick a backup. See our Estate Planning Checklist for what to think about.
4. Specific gifts
Particular items to particular people. (“My grandfather’s watch to my niece Sarah.”) Some states allow a separate, easier-to-update written list referenced by the will — ask whether yours does.
5. Residuary clause
The catch-all. “Everything not specifically given above goes to [beneficiary or beneficiaries] in [shares].” This is the part of the will that handles the bulk of your estate. Be specific about what happens if a named beneficiary dies before you (the “per stirpes” or “per capita” language).
6. Powers given to the executor
A list of things your executor is authorized to do without going back to court — sell property, pay bills, distribute assets, file taxes, etc.
7. Signature and attestation
Your signature, the date, and the witnesses’ signatures. This is the part that most often gets wills thrown out.
Validity requirements (these vary by state)
Every US state has its own rules for what makes a will valid. The common requirements:
- In writing. Oral (“nuncupative”) wills are recognized in only a small handful of states, and only in very narrow circumstances (deathbed, military, etc.).
- Signed by you. Your signature, at the end (in most states). If you physically can’t sign, most states allow you to direct someone else to sign in your presence.
- Witnessed. Most states require two witnesses who watch you sign, and who then sign themselves in your presence. Witnesses must be:
- Adults (usually 18+).
- Of sound mind.
- Disinterested in most states — meaning not beneficiaries of the will. A few states allow interested witnesses but it can void their gift.
- Capacity. You have to understand what you’re doing — the nature of a will, the property you own, who your natural heirs are.
- Free of undue influence. No one coerced you.
“Self-proving” wills
Most states allow your will to be made self-proving with a notarized affidavit signed by you and the witnesses at the time of signing. This means the witnesses don’t have to be tracked down to testify when the will is probated. Always do this if your state allows it — it saves your family meaningful time and trouble.
Holographic wills (handwritten)
About half the states recognize a holographic will — a will entirely in your own handwriting, signed by you, with no witnesses required. The rules vary state to state about how much of it has to be in your handwriting. Holographic wills are convenient but easier to challenge — use them only if you have no other option.
DIY vs. online will-maker vs. attorney
Three honest paths to writing a will, with real tradeoffs:
DIY (free template)
Works for the simplest possible case — no real estate, no minor children, very little money, one obvious beneficiary. Use a template from a reputable source (a state bar association, AARP, or a state probate court). The risk: easy to make a signing or witness mistake that voids the whole thing.
Cost: $0 Good for: very simple estates, technically literate people, single people with no dependents Risks: signing mistakes, state-specific quirks
Online will-maker
Services like Trust & Will, FreeWill (free for some users), Quicken WillMaker, or LegalZoom walk you through a structured questionnaire and generate state-specific documents. Better online services include guidance on how to sign and witness correctly.
Cost: $50–$200 typically Good for: clean, routine cases — married couple, kids, one state, modest assets Risks: the platform may not catch unusual situations; customer support varies
Local attorney
A licensed estate planning attorney drafts the documents, advises on what makes sense for your situation, and supervises the signing. For complex cases (blended families, businesses, special-needs children, larger estates), this is the right path.
Cost: $300–$1,500 for a basic package; $2,000–$5,000+ for trust-based packages Good for: anything not obviously simple, anyone with substantial assets, anyone with a complicated family Risks: quality varies — get a referral; estate planning is a specialty
A reasonable rule: if your estate plan is simple enough that you can answer all the questions on a good online questionnaire confidently, online is probably fine. If you find yourself unsure about any answer, that’s the moment to talk to an attorney.
Common mistakes that get wills thrown out
Almost all of these are signing or witness mistakes, not problems with what’s written in the document.
- No witnesses, or only one. Most states require two.
- Beneficiary as a witness. Several states either void the will or void the gift to that witness. Use disinterested witnesses.
- Witnesses didn’t watch the signing. They have to actually see you sign, or hear you acknowledge it’s your signature.
- Will not signed at the end. Some states are strict about this.
- Will signed under pressure. Undue influence is a common challenge, especially when an estranged child or a caregiver appears to have outsized influence.
- A will from a different state. A will valid in your old state may have problems in your new state’s probate court. Re-do it when you move.
- An old will not revoked. Multiple wills floating around create chaos. Always include a revocation clause and physically destroy old originals.
- Just printing changes and writing them in. Don’t. Either re-do the will or use a codicil (a formal amendment).
- Storing the only copy in a bank safe deposit box. It can get sealed at your death. Use a fire-rated home safe or your attorney’s vault.
Keeping it current
A will is not a “set it and forget it” document. Review and re-sign when:
- You marry, divorce, or remarry. Many states partially revoke wills on divorce, but don’t rely on that.
- A child or grandchild is born or adopted.
- A named beneficiary, executor, or guardian dies or becomes inappropriate.
- You move to a new state.
- You experience a significant change in assets — sell a business, inherit, retire.
- Five years have passed without a review.
Updates are usually done by signing a brand-new will (and physically destroying the old one) rather than by amending the existing one. A new will is cleaner and avoids confusion at probate.
A note on the most important thing
The single most overlooked rule in writing a will: tell your executor and your family where it is.
A perfect will no one can find is the same as no will at all. Tell your executor where the original is stored. Tell at least one other family member. Consider giving a copy to your attorney for safekeeping. Some states allow you to register a will with the probate court for safekeeping during your lifetime.
A 10-minute conversation now saves your family weeks of confusion later.
Related reading
- What Is Estate Planning (and Do You Actually Need One?)
- Will vs. Trust: Which Do You Need?
- Estate Planning Checklist: Everything in One Place
- What Is Probate and How Does It Work?
Educational information only — not legal advice. Will requirements vary substantially by state. Consult a licensed attorney in your jurisdiction for advice on your specific situation. Sources: American Bar Association; AARP Estate Planning Guide; state probate codes; Uniform Probate Code.