Steps to Create a Valid Will: 2026 Guide
Table of Contents
Step 1: Decide How You Will Create Your Will
Step 2: Inventory Your Assets and Property
Step 3: Choose Your Beneficiaries and What They Inherit
Step 4: Name an Executor and a Guardian for Minor Children
Step 5: Draft the Document: Will Template and Last Will and Testament Example
Step 6: Meet Valid Will Requirements and Will Witness Requirements
The baseline requirements nearly every state shares
Where states actually diverge
Will witness requirements: the details that void wills
A quick error-prevention checklist before you sign
Step 7: Sign, Store, and Update Your Will
Where to keep the original
What happens after signing: probate and copies
What a will cannot control
Digital assets and online accounts
When and how to update your will
Frequently Asked Questions
Last Updated: October 6, 2026
Step 1: Decide How You Will Create Your Will
Most people put off writing a will, assuming it takes weeks and thousands of dollars. The steps to create a valid will start with one decision: who drafts it. (Source: estate planning attorney)
You have three realistic paths:
Estate-planning attorney: Best when you own real estate, have minor children, or want to reduce probate headaches. You get legal review and state-specific drafting.
Online will service: A middle option. You answer questions, the software fills in a template, and you print and sign it. Good for simple estates.
Do-it-yourself will: The cheapest route. A handwritten or typed document can work in many states, but the rules vary and mistakes are common.
A valid will states who receives your property after you die, and it must meet your state's signing and witnessing rules to hold up in probate.
If your estate is anything beyond simple, the attorney route usually costs less than the fight it prevents.
Step 2: Inventory Your Assets and Property
Make a full list of what you own before drafting.
Break it into two groups:
Probate assets: Property the will controls. This includes real estate, bank accounts, investments, vehicles, and personal property.
Non-probate assets: Things that pass outside the will. Retirement funds, life insurance, and accounts with named beneficiaries go directly to those people.
A will cannot override a beneficiary designation on a retirement account or life insurance policy. If you named your ex-spouse years ago and never updated it, that designation still controls.
Watch Out The most common mistake is listing assets from memory. Pull actual statements for bank accounts, retirement funds, and investments. Missing an account means it may pass through the residuary estate instead of to the person you intended.
For each asset, note the current value and how it's titled. Property held jointly with a spouse often passes automatically, and out-of-state real estate may need a separate process.
Step 3: Choose Your Beneficiaries and What They Inherit
You'll name two types:
Primary beneficiaries: First in line to receive each asset.
Contingent beneficiaries: Next in line if a primary beneficiary dies before you.
Skipping contingent beneficiaries is a quiet disaster. If your only named heir dies first, that share can end up in the residuary estate and go somewhere you never intended.
You can leave gifts in a few ways:
Specific bequest: "My 2019 truck goes to my son." One exact item.
General bequest: A set amount of money to a person or charity.
Residuary estate: Everything left over after specific gifts are paid. Always name who gets this.
For minor children, don't leave assets directly, a court controls the money until they turn 18. A trust lets you set the age and terms.
Talk to the people you're naming. Surprises at the reading of a will cause more family fights than almost anything else.
Step 4: Name an Executor and a Guardian for Minor Children
Your executor (a personal representative in many states) carries out your will: filing probate paperwork, paying debts, and distributing property.
Pick someone organized, trustworthy, and willing to do the work. Ask them first.
Name a backup too; if your first choice can't serve, the court picks someone who may not be who you'd choose.
For minor children, you'll also name a guardian. This is the person who raises your kids if both parents die.
Choose someone who shares your values, not just your bloodline.
Confirm they're willing to take on the role.
Consider naming a different person to manage the money, if that fits better.
Pro Tip In practice, it is often advised to name one person as guardian and a separate, financially careful person as trustee for the children's inheritance. Splitting the roles can prevent one overwhelmed relative from handling both.
Step 5: Draft the Document: Will Template and Last Will and Testament Example
A last will and testament example follows a standard structure, whether you use a will template or an attorney drafts it.
A typical will includes:
Your name and a statement that this is your will.
A line revoking all prior wills.
Names of your executor and backup.
Specific gifts of property.
Who gets the residuary estate.
Guardian for minor children.
Your signature and date, plus witness signatures.
Free templates exist online and in stores, but a template written for one state may not meet another's rules, witness counts, notary needs, and self-proving affidavit requirements differ.
Step 6: Meet Valid Will Requirements and Will Witness Requirements
Every state sets its own valid will requirements, and getting them wrong is the fastest way to void the document. Witness count, notary needs, and whether a handwritten will counts decide whether your will survives a challenge.
The baseline requirements nearly every state shares
Capacity: You must be of sound mind and understand what you're signing, the nature of your property, who your heirs are, and what the document does.
Voluntary decision: No one can pressure, coerce, or unduly influence you. A will signed under duress can be contested.
Signature: You sign the will, usually at the end, in front of witnesses.
Where states actually diverge
The variation trips people up:
Witness count: Most states require two witnesses. A small number allow a will with no witnesses if it is entirely handwritten and signed by you (a holographic will), and a few require three witnesses for certain documents.
Notarization: Some states require a notary for a self-proving affidavit; others make it optional; a few don't recognize it at all.
Holographic wills: Roughly half the states recognize a will written entirely in your own handwriting and signed by you, with no witnesses. The rest do not. If you type it, it usually isn't holographic.
Because these rules vary, check your state's official requirements before you sign. For a state-specific look at what makes a will enforceable, see the state attorney general guidance on wills and estates.
Will witness requirements: the details that void wills
Witness rules are where most DIY wills break. A witness should be disinterested, not named in the will and not a beneficiary. If a witness is also a beneficiary, many states void that person's gift, and some void the entire will.
Watch Out Witnesses must be present at the same time and watch you sign. Signing alone and collecting signatures later can invalidate the will in many states. Do it in one sitting, together, and have each witness sign in front of the others.
Other witness pitfalls to avoid:
Witnesses who can't testify later. If a witness dies, moves away, or becomes incapacitated before probate, the court may need additional proof. A self-proving affidavit solves this.
Witnesses who don't understand the document. A witness should be a competent adult who can confirm you appeared of sound mind and signed voluntarily.
Signing in the wrong order. You sign first, then witnesses sign, in your presence and each other's.
A quick error-prevention checklist before you sign
Run through this before signing:
Confirm your state's witness count and notary rules.
Confirm every witness is disinterested (not a beneficiary).
Confirm all witnesses can be present at the same time.
Confirm you are signing the final, complete version, no blank spaces or placeholder text.
Confirm the self-proving affidavit is attached and will be signed at the same time, if your state allows it.
Confirm the date is correct and matches the affidavit.
Confirm you are signing voluntarily and appear of sound mind.
A will that fails any of these can be challenged, delayed, or thrown out. Getting it right costs a few minutes; getting it wrong puts your family in probate court.
Step 7: Sign, Store, and Update Your Will
Signing is not the finish line. How you store the will and who knows where it is decide whether it works when needed.
Where to keep the original
Courts usually want the original signed will, not a copy. A lost original creates real problems, some states presume a missing will was revoked, and your family may have to prove otherwise.
Options for storing the original:
Fireproof safe at home. Convenient, but make sure someone else can access it. A safe only you can open is a safe no one can open.
Your attorney's office. Common and secure. The attorney typically keeps the original and provides you a copy. Confirm the firm's policy if it closes or changes hands.
Probate court safekeeping. Some states allow you to file the original with the court for safekeeping during your lifetime. Check whether your state offers this.
Keep a copy with your other important papers, and tell your executor and one trusted person where the original is. A will no one can find is a will that doesn't work.
What happens after signing: probate and copies
After you die, the will is filed with the probate court in the state where you lived. The court validates it, appoints your executor, and oversees distribution of probate assets, a process that can take months to over a year. Avoiding this lengthy court supervision is a primary reason many people weigh the merits of a living trust vs will to determine which arrangement better suits their long-term estate planning goals.
What your executor and beneficiaries may need:
The original will (or a certified copy if the original is filed with the court).
Certified death certificates, usually several copies.
A list of assets and account statements.
What a will cannot control
A will only governs probate assets, property titled in your name alone. Several things pass outside it entirely:
Jointly owned property with right of survivorship passes automatically to the co-owner.
Retirement accounts and life insurance with named beneficiaries go directly to those beneficiaries, regardless of what your will says.
Transfer-on-death and payable-on-death accounts pass to the named beneficiary.
To control any of these, update the beneficiary designation or use a trust, not the will.
Digital assets and online accounts
A modern will should address digital property: bank and investment accounts accessed online, email, social media, and cloud storage, cryptocurrency and digital wallets, business accounts and domain names, and subscription services.
Most states have adopted some version of the Revised Uniform Fiduciary Access to Digital Assets Act, which lets an executor access certain digital accounts, but only if you authorize it.
When and how to update your will
Review your will every few years, and update it after any major life change: marriage, divorce, or a new child; a death in the family or among your beneficiaries; a significant change in assets; a move to a new state (which may change your will's validity); or a change in who you want as executor or guardian.
You have two ways to change a will:
A codicil, a formal amendment that changes specific parts. Simpler, but multiple codicils get confusing and can conflict.
A new will, revokes the old one and starts fresh. Cleaner for major changes.
Do not cross out, edit, or write on the original will. Those changes are usually ignored or can invalidate the document. Beneficiary designations on retirement funds and insurance need the same review, they override your will.
Key Takeaway A will is not a one-time task. The document that protects your family is the one that's current, correctly signed, stored where it can be found, and paired with up-to-date beneficiary designations.
Frequently Asked Questions
Can you make a legally binding will without a lawyer?
Yes, you can create a legally binding will without a lawyer if you follow your state's requirements for a valid will. Many people use do-it-yourself will templates or online services. However, mistakes in witnessing, signing, or wording can invalidate the will or cause disputes. An estate-planning attorney can help ensure your will meets all legal requirements and reflects your wishes clearly.
What are the three conditions to make a will valid?
Most states require three conditions for a valid will: the testator must be at least 18 years old and of sound mind, the will must be in writing, and it must be signed by the testator in the presence of at least two disinterested witnesses who also sign. Some states allow notarization or a self-proving affidavit to simplify probate. Check your state's specific valid will requirements.
What is the biggest mistake with wills?
One of the biggest mistakes is failing to properly sign and witness the will. If the will is not signed by the testator and witnessed according to state law, it may be invalid. Other common mistakes include not updating the will after major life changes, naming a beneficiary who is deceased, and not accounting for digital assets. Working with an attorney can help you avoid these pitfalls.
When should you update your will?
You should update your will after major life events such as marriage, divorce, the birth of a child, the death of a beneficiary, or a significant change in your assets. It's also wise to review your will every few years to ensure it still reflects your wishes. If you move to a different state, check whether your will meets the new state's valid will requirements.
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