A will is the most fundamental estate planning document — it determines who gets your assets, who raises your kids, and who handles your affairs after you die. Without one, the state decides all of that for you.
Who Needs a Will
Short answer: every adult over 18. But it’s especially critical if you:
Situation
Why a Will Is Critical
Have children under 18
Names a legal guardian — without this, a court decides
Own any property
Directs who inherits your home, car, or valuables
Have a partner (unmarried)
Without a will, unmarried partners inherit nothing
Want specific bequests
Leave items or money to specific people or charities
Want to disinherit someone
Must be explicit in many states
Have pets
Names a caretaker and sets aside funds
What Happens Without a Will (Intestacy)
If you die without a will, state intestacy laws decide who inherits — and the results often surprise people:
Your Situation
Who Inherits (Typical Intestacy)
Married, no kids
Spouse gets everything (most states)
Married with kids
Spouse gets 50–100%, kids split remainder
Unmarried with kids
Kids inherit everything
Unmarried partner
Partner gets nothing
Single, no kids
Parents → siblings → extended family
No living relatives
State takes everything (escheat)
What to Include in Your Will
Section
What It Covers
Personal information
Full legal name, address, date
Revocation clause
Revokes all prior wills
Executor appointment
Who manages your estate after death
Guardian designation
Who raises your minor children
Asset distribution
Who gets what — specific and residual bequests
Alternate beneficiaries
Backup if a beneficiary dies before you
Debt instructions
How debts should be paid
Funeral wishes
Burial, cremation, or other preferences
Signatures
Your signature + witnesses (2 in most states)
Step-by-Step: Writing Your Will
Step
Action
Details
1
Take inventory of assets
List all property, accounts, valuables, and debts
2
Choose an executor
Someone you trust to carry out your wishes
3
Name a guardian (if applicable)
For minor children — discuss with the person first
4
Decide who gets what
Be specific about valuable items; use a residual clause for everything else
5
Choose your method
DIY, online service, or attorney
6
Draft the will
Follow your state’s requirements
7
Sign with witnesses
Two witnesses required in most states (three in Vermont)
8
Notarize (recommended)
Makes it self-proving — speeds up probate
9
Store safely
Fireproof safe, attorney’s office, or with your executor
10
Tell your executor
Let them know where the will is stored
Cost Comparison
Method
Cost
Best For
Free template (state bar, AARP)
$0
Very simple estates
Online service (Trust & Will, LegalZoom, Nolo)
$100–$300
Most individuals and couples
Estate planning attorney
$300–$1,000
Complex situations, blended families
Attorney (complex estate)
$1,000–$3,000+
Business owners, high net worth, trusts needed
Types of Wills
Type
Description
Legally Valid?
Simple will
Standard typed, signed, witnessed document
✓ (all states)
Testamentary trust will
Creates a trust upon your death (for minor children’s inheritance)
✓
Pour-over will
Transfers remaining assets into an existing living trust
✓
Joint will
One will for two people (usually spouses) — inflexible
✓ (not recommended)
Holographic will
Handwritten, no witnesses
✓ (only ~25 states)
Oral will
Spoken, not written
✓ (very few states, very limited)
Witness Requirements by State
Most states require two witnesses who:
Are 18 or older
Are not beneficiaries of the will
Watch you sign (or hear you acknowledge your signature)
Sign the will themselves
State Rule
States
2 witnesses required
Most states
Notarization can replace witnesses
Colorado, North Dakota
Holographic (handwritten) wills accepted
~25 states including CA, TX, VA, NC
Self-proving affidavit available
~45 states (speeds up probate)
Common Mistakes to Avoid
Mistake
Why It’s a Problem
Not making a will at all
State decides everything — often not what you’d want
Forgetting to update after life changes
Divorce, new child, or death of a beneficiary can create chaos
Not naming alternate beneficiaries
If the primary beneficiary dies first, the gift may lapse
Conflicting beneficiary designations
Retirement accounts and insurance override your will
Improper witnessing
Can invalidate the entire will
Hiding the will
If nobody can find it, it’s as if it doesn’t exist
Disinheriting a spouse without agreement
Most states guarantee spouses a minimum share (elective share)
Vague language
“I leave my stuff to my kids” — name specific items and percentages
When to Update Your Will
Life Event
Action Needed
Marriage or divorce
Update beneficiaries and executor
Birth or adoption of a child
Add guardian designation
Death of a beneficiary or executor
Name replacements
Major asset change (buy/sell home)
Update asset distribution
Move to a different state
Verify will meets new state’s requirements
Every 3–5 years
General review even without changes
Will vs. Trust
Feature
Will
Living Trust
Avoids probate
✗
✓
Privacy
✗ (public record after probate)
✓
Cost to create
$0–$1,000
$1,500–$5,000
Names guardian for children
✓
✗ (need a will for this)
Covers incapacity
✗
✓
Takes effect at death
✓
During lifetime
Most people need both a will and powers of attorney at minimum. Add a living trust if you own property or have assets over $100,000.
Bottom Line
A will is the minimum estate plan every adult needs. It doesn’t have to be expensive or complicated — an online service for $100–$300 covers most people. The biggest risk isn’t getting the will wrong; it’s not having one at all. Start with the basics, name a guardian for your kids, and update it when life changes. Your family will thank you.