Create Your Last Will and Testament Online

The most compelling reason to create a will is to ensure that your assets go to the people and organizations you choose, rather than being distributed by a court according to a statutory formula. Without a will, you die "intestate," and your state's intestacy laws dictate who inherits your property. These laws prioritize legal family relationships — typically spouse first, then children, then parents, then siblings — and completely exclude non-family members. If you want to leave anything to a partner you are not married to, a stepchild you have not legally adopted, a close friend, a caregiver, or a charity, you must have a will.

For parents of minor children, a will is absolutely essential because it allows you to designate a guardian — the person who will raise your children if both parents die. Without a will naming a guardian, a court will make this decision for you, and the judge may not choose the person you would have selected. The court's decision will be based on legal factors and the available candidates, which may include family members you would not want raising your children. Naming a guardian in your will does not guarantee the court will honor your choice, but courts give significant weight to a parent's expressed preference, and your written designation will be the starting point for the court's analysis.

A will also allows you to appoint an executor — the person responsible for managing your estate through the probate process. The executor collects your assets, pays your debts and taxes, and distributes the remaining property to your beneficiaries according to your will's instructions. Choosing a trustworthy, organized, and financially responsible executor is one of the most important decisions you will make in your estate plan. Without a will, the court will appoint an administrator, who may be a family member or, in some cases, a professional administrator who charges fees from your estate.

Beyond asset distribution and guardianship, a will can include instructions for your digital assets (online accounts, social media profiles, cryptocurrency wallets, digital photos and documents), funeral and burial preferences, pet care arrangements, and specific gifts of personal property that have sentimental rather than monetary value. These provisions help ensure that your complete wishes are honored and reduce the burden on your surviving family members, who would otherwise have to make these decisions during an extremely difficult time.

A comprehensive last will and testament should address several key areas to ensure your wishes are fully documented and legally enforceable. While the specific requirements vary by state, the following elements are considered essential in most jurisdictions:

• Testator identification: Your full legal name, address, date of birth, and a statement that you are of sound mind and acting voluntarily. This establishes your identity and your legal capacity to make a will.
• Revocation clause: A clear statement revoking all prior wills and codicils. This prevents confusion about which version of your will is the current, valid one. Even if you have never made a will before, including this clause is standard practice.
• Executor appointment: The name and contact information of the person you are appointing to manage your estate, along with an alternate executor in case your first choice is unable or unwilling to serve. You should also specify whether the executor is required to post a bond (most wills waive this requirement to save the estate money).
• Beneficiary designations: Clear identification of each person or organization that will receive assets from your estate, along with a specific description of what each beneficiary will receive. You can make specific bequests (particular items or dollar amounts to named individuals), percentage bequests (a percentage of your total estate), or residuary bequests (everything that remains after specific bequests have been fulfilled).
• Guardianship provisions: If you have minor children, the name of the person you want to serve as their guardian, along with an alternate guardian. You may also want to address the financial management of assets left to minor children, either through a testamentary trust or by appointing a custodian under the Uniform Transfers to Minors Act.
• Residuary clause: A provision that directs how any remaining assets — those not covered by specific bequests — should be distributed. This catches any property you may have forgotten to mention specifically or that you acquire after making your will.
• Digital assets: Instructions for handling your online accounts, email, social media profiles, digital photos and documents, domain names, websites, blogs, cryptocurrency wallets, and any other digital property. This is an increasingly important area of estate planning that many older will templates do not address.

While the specific requirements for a valid will vary by state, most states follow similar basic rules. Understanding these requirements is essential to ensuring that your will is legally enforceable and that your wishes will be honored after your death.

Age and capacity: In almost all states, you must be at least 18 years old to make a will (some states allow younger individuals who are married or in the military to make wills). You must also be "of sound mind," meaning you understand the nature and extent of your property, know who your natural heirs are, understand that you are making a will, and understand how the will distributes your property. Mental capacity is assessed at the time the will is signed, not at any other point.

Writing requirement: Almost all states require wills to be in writing. While a few states recognize oral (nuncupative) wills in very limited circumstances — typically for members of the military in imminent peril or for very small estates — a written will is universally recommended and is the only reliable way to ensure your wishes are honored.

Signature: The testator (the person making the will) must sign the will. If the testator is physically unable to sign, most states allow another person to sign on the testator's behalf at the testator's direction and in the testator's presence.

Witnesses: Most states require the will to be signed by at least two witnesses who observed the testator sign the will (or heard the testator acknowledge their signature). Witnesses should be adults who are not beneficiaries under the will — while some states do not invalidate a will signed by an interested witness, it can create complications and may result in the witness's bequest being reduced or eliminated. Witnesses do not need to read the will or know its contents; they are only attesting that the testator signed the document and appeared to be of sound mind.

Self-proving affidavit: While not required for validity, most states allow a will to include a self-proving affidavit — a notarized statement by the testator and witnesses that the will was properly executed. A self-proving affidavit streamlines the probate process by eliminating the need for the witnesses to appear in court to verify their signatures. Our will template includes space for a self-proving affidavit, and we strongly recommend having the document notarized.

One of the most dangerous mistakes is failing to update your will after major life events. Marriage, divorce, the birth of a child, the death of a beneficiary or executor, a significant change in your financial situation, moving to a new state, or acquiring major assets should all trigger a review and potential update of your will. A will that reflects outdated circumstances may not distribute your assets as you intend, and in some cases, life events can partially or fully invalidate provisions of your will under state law. For example, in many states, a divorce automatically revokes any provisions in your will that benefit your former spouse.

Another common error is failing to name alternate beneficiaries and alternate executors. If your primary beneficiary predeceases you and no alternate is named, the bequest may "lapse" — meaning the property falls into your residuary estate or, if no residuary clause exists, passes through intestacy. Similarly, if your named executor cannot serve and no alternate is designated, the court will appoint an administrator who may not be the person you would have chosen. Always name at least one alternate for every key role in your will.

Many people make the mistake of trying to use their will to distribute assets that pass outside of probate. Life insurance proceeds, retirement accounts (401(k), IRA), bank accounts with payable-on-death designations, and jointly owned property with rights of survivorship all pass directly to the named beneficiary or surviving owner regardless of what your will says. If you want to change the beneficiary of these assets, you must update the beneficiary designation with the institution that holds the account — your will cannot override it.

Improper execution — such as having only one witness when two are required, using beneficiaries as witnesses, or failing to sign the will in the proper location — can invalidate the entire document. Each state has specific execution requirements, and failing to follow them precisely can result in your will being declared invalid, with your estate then distributed under intestacy laws. Our will maker guides you through the proper execution steps and reminds you of the witness and signature requirements for your state.

Finally, storing your will in an inaccessible location is a surprisingly common problem. If your family cannot find your will after your death, it is as if you never made one. Store the original in a secure but accessible location — such as a fireproof safe at home or a safe deposit box — and tell your executor and at least one other trusted person where it is. Many people also file a copy with their attorney or the local probate court.

For most people with straightforward estates, a lawyer is not required to create a valid will. Online will makers and will templates, like ours, can produce legally valid documents that meet state requirements for proper execution. If your estate plan involves leaving assets to a spouse, children, and perhaps a few other beneficiaries, and you do not have complex tax planning needs or unusual family circumstances, a well-designed will template can serve you effectively at a fraction of the cost of hiring an attorney.

However, there are situations where legal advice is strongly recommended. If you have a large estate that may be subject to federal or state estate taxes (the federal estate tax exemption is $13.61 million per individual in 2024, but several states impose estate taxes at much lower thresholds), an attorney can help you implement tax-saving strategies such as trusts, charitable giving plans, and gifting programs. If you have a blended family with children from multiple relationships, an attorney can help you navigate the complex dynamics of providing for your current spouse while protecting your children's inheritance. If you own a business, an attorney can help with succession planning and ensuring the business can continue to operate smoothly after your death.

Other situations that may warrant professional legal assistance include planning for a beneficiary with special needs (who may lose eligibility for government benefits if they inherit directly), owning real estate in multiple states, having significant debts, wanting to disinherit a family member (which requires specific legal language and may be subject to state law limitations), or having any other circumstances that make your estate plan more complex than a straightforward distribution of assets.

Even if you use our will maker to create your initial document, you can always have an attorney review it to ensure it meets all applicable state law requirements and addresses any issues specific to your situation. An attorney review of an existing document is typically much less expensive than having an attorney draft a will from scratch. Our will generator produces a clear, well-organized document that attorneys can easily review and, if necessary, modify.