How to Make Out a Simple Will

By Tom Streissguth

If you have property, you should have a will. This document specifies how your assets should be divided on your death, and helps your heirs avoid a costly and difficult court procedure. Drawing up a will is a fairly simply procedure; you set down a few sections to specify your beneficiaries and bequests, and witness signatures make the document legal.

Step 1

Begin your will with a heading. The traditional phrase is “Last Will and Testament.” Center the heading and make it prominent. Number the paragraphs to follow, and initial or sign each page at the bottom.

Step 2

Write a declaration of your name and address, and state that you are of sound mind and of legal age -- 18 in most states -- to make out a will. Add any titles or other names by which you may be known and identified. State that you are making out the will on your own initiative and are not under duress.

Protect your loved ones. Start My Estate Plan

Step 3

Name your executor -- the person responsible for carrying out the will after your demise. Name an alternate who will take on this function if your executor is unable or unwilling to carry out this task. Name a legal guardian for your minor children, if you have any. Failure to name an executor and guardian could mean delay and expense for your heirs.

Step 4

Name your beneficiaries -- the individuals or groups that will inherit your assets by the terms of the will. You are free to name any beneficiaries you wish, but the laws of the state may determine if your spouse and children can inherit if you do not name them in the will; in addition, a contest of the will in probate will mean considerable delay, public wrangling and expense.

Step 5

List all assets that are not specifically assigned to named beneficiaries. This means your money, investments, property, businesses and any other personal belongings. Omit such things as life insurance policies that already have assigned beneficiaries.

Step 6

Name all specific bequests -- the property that you want passed on to beneficiaries you name. After your bequests, you may state that the remainder of the estate should pass to named beneficiaries, to be divided equally or in any proportion you wish.

Step 7

Detail your desired funeral arrangements if you haven't taken care of this already and wish to explain your wishes in the will.

Step 8

Sign the will in the presence of at least two witnesses and include their printed full names and addresses underneath their signatures. The witnesses might not be able to be beneficiaries of the will, depending on your state's laws. Their signatures must be dated.

Protect your loved ones. Start My Estate Plan
How to Make Your Own Will Forms
 

References

Related articles

How to Make a Will by Yourself

If you do not have children or do not have many assets, you may wish to write your own will. Courts in most states will recognize a will you wrote yourself as long as your will meets all legal requirements. However, it is wise to consult an attorney for advice or to review your finished will. Also, if you have minor children, a great deal of assets or your estate is complicated in some way, you may wish to consult an attorney for help in writing your will.

How to Write a Last Will

Fewer than half of American adults have a last will and testament, according to the American Bar Association. One possible explanation is the misconception that wills are complex and require expensive legal assistance. However, you can draft a simple will in a few hours. A will is a legal document that describes how you want your property distributed after your death. Writing a last will is straightforward and gives you control over the disbursement of your estate to your heirs.

How to Write a Will for an Unborn Child

You can use a will to accomplish many purposes, including naming guardians for your children, leaving specific bequests to your loved ones and nominating someone to manage your estate until it can be distributed. Though it is typically wise to update your will as your circumstances change, you can include provisions for your unborn children as well as living family members.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help. Wills & Trusts

Related articles

How to Execute a Last Will and Testament

A last will and testament is a document used to distribute the property after the property owner dies. The person who ...

Can You Make Someone an Executor in a Will Without Going Through a Lawyer?

When you write a will, you need to name an executor. An executor is the person responsible for carrying out your final ...

How to Write My Own Will

Writing your own will is a relatively straightforward process if your assets and bequests are also straightforward. In ...

A Basic Last Will & Testament

A last will and testament is a legal document that describes how you want to allocate your assets, property and ...

Browse by category
Ready to Begin? GET STARTED