How to Write a Last Will and Testament: Step-by-Step Guide 2026

How to Write a Last Will and Testament: Step-by-Step Guide 2026

Writing a last will and testament is one of the most important legal steps you can take to protect your family and ensure your wishes are honored after your death. Yet surveys consistently show that the majority of American adults do not have a will. The most common reason people cite is procrastination, followed closely by the assumption that it is complicated or expensive. In reality, creating a legally valid will is more straightforward than most people believe.

This step-by-step guide walks you through everything you need to know to write your own will in 2026, whether you use an attorney, an online legal service, or a do-it-yourself approach.

Why You Need a Will

Without a valid will, you die intestate — meaning the state decides how your assets are distributed based on intestacy laws. These default rules rarely match what most people would actually choose. In most states, intestate succession passes assets to a surviving spouse and children according to a fixed formula that may not reflect the nuances of your family situation. Unmarried partners, close friends, stepchildren not formally adopted, and favorite charities receive nothing under intestacy laws.

Beyond asset distribution, a will allows you to:

• Name a guardian for minor children — one of the most critical decisions any parent can make
• Designate an executor (also called a personal representative) to administer your estate
• Specify funeral and burial wishes
• Leave specific items of sentimental or financial value to named individuals
• Establish trusts within the will for minor beneficiaries or special needs dependents
• Disinherit individuals who would otherwise inherit under intestacy laws

Understanding Will Requirements by State

Will requirements vary by state, but most jurisdictions require these basic elements for a will to be legally valid:

• The person making the will (called the testator) must be at least 18 years old (some states have exceptions for married persons or military members)
• The testator must be of sound mind — legally referred to as having testamentary capacity
• The will must be in writing (handwritten or typed)
• The testator must sign the will
• Two adult witnesses who are not beneficiaries under the will must sign in the testator’s presence

Some states also recognize holographic wills — entirely handwritten and signed documents without witness requirements — though these face greater risk of legal challenge and are best avoided when possible. Louisiana has unique civil law traditions that make will requirements more complex than other states, and it is advisable to consult an attorney there.

Step 1: Take an Inventory of Your Assets and Debts

Before writing anything, list everything you own. This includes:

• Real property: your home, vacation properties, rental properties, land
• Financial accounts: checking, savings, investment accounts, CDs
• Retirement accounts: 401(k), IRA, pension plans
• Life insurance policies
• Vehicles: cars, boats, motorcycles, RVs
• Business interests: sole proprietorship, partnership interests, LLC membership interests, corporate stock
• Personal property of significant value: jewelry, art, collectibles, furniture, electronics
• Digital assets: cryptocurrency holdings, valuable domain names, online businesses, digital content
• Outstanding debts: mortgage, car loans, credit card balances, student loans, personal loans

Understanding what you own helps you make informed decisions about distribution. Note that certain assets — retirement accounts, life insurance policies, and accounts with designated beneficiaries — pass outside of probate regardless of what your will says. The beneficiary designation on these accounts controls distribution, so it is equally important to keep those designations current.

Step 2: Decide Who Gets What

Think carefully about how you want to distribute your assets. Consider:

• Your primary beneficiaries: typically a spouse, children, or other close family members
• Contingent beneficiaries: who inherits if a primary beneficiary dies before you
• Specific bequests: named items or dollar amounts to specific people or organizations
• Residuary estate: the catch-all clause covering everything not specifically mentioned elsewhere in the will

Be specific when identifying people and items. Instead of “my jewelry to my daughter,” write “my diamond engagement ring to my daughter Jane Smith, currently residing at [address].” Specificity prevents disputes and confusion during estate administration.

Step 3: Choose Your Executor

The executor is the person responsible for managing your estate through the probate process. This includes gathering assets, paying debts and taxes, and distributing the remainder to beneficiaries. It is a significant responsibility that requires organizational skills, financial literacy, and the ability to handle administrative tasks under emotional circumstances.

Good executor qualities include trustworthiness, organizational ability, availability to devote time to estate administration (which can take 6 to 18 months), and proximity (an executor in another country faces practical challenges). Choose a primary executor and a backup in case your first choice is unable or unwilling to serve.

You may also consider naming a professional executor — a bank trust department or estate attorney — particularly for large or complex estates, though professional executors charge fees that will reduce the estate’s assets.

Step 4: Name a Guardian for Minor Children

For parents of minor children, this may be the single most important decision in the entire will. The guardian you name will raise your children if both parents die. Consider:

• The person’s values, parenting style, and relationship with your children
• Their age, health, and stability
• Their willingness to serve (always ask before naming someone)
• Whether they are willing and able to raise additional children alongside their own family
• Their geographic location and what a move would mean for your children

Many parents choose to separate the personal guardian (who raises the child) from the financial guardian or trustee (who manages inherited money for the child’s benefit). This structure prevents a well-meaning guardian from making poor financial decisions and provides a check on both roles.

Step 5: Consider Setting Up Testamentary Trusts

If you have minor children or beneficiaries who may not be ready to manage a lump sum inheritance, a testamentary trust — a trust created within the will that takes effect at your death — can be invaluable. Instead of receiving a large sum at age 18, an heir might receive the inheritance in stages: one-third at 25, one-third at 30, and the remainder at 35. The trustee manages the assets in the interim and can distribute funds for education, health, and other approved purposes.

Testamentary trusts are also commonly used for beneficiaries with special needs, where an outright inheritance might disqualify them from means-tested government benefits like Medicaid or Supplemental Security Income.

Step 6: Write or Prepare the Will Document

You have several options for drafting the actual will document:

Option A: Hire an Estate Planning Attorney

Working with an experienced estate planning attorney is the gold standard, particularly for complex situations involving significant assets, blended families, business interests, or special needs beneficiaries. Attorney fees vary widely by region and complexity — simple wills may cost $300 to $600, while comprehensive estate planning packages including trusts, powers of attorney, and healthcare directives may run $1,500 to $5,000 or more. For the peace of mind and reduced risk of legal challenges, many people find this cost well justified.

Option B: Use an Online Legal Service

Services like LegalZoom, Trust & Will, and Rocket Lawyer provide guided will preparation for fees ranging from $90 to $250. These platforms walk you through a questionnaire and generate a legally formatted will document based on your answers. They work well for straightforward situations but may not address complex family or financial circumstances adequately. Many offer optional attorney review for an additional fee.

Option C: Do-It-Yourself with Templates

Free and low-cost will templates are available online. Using a template requires careful attention to your state’s specific legal requirements and a higher degree of personal responsibility to ensure the document is complete and correct. Errors in a DIY will can lead to the document being declared partially or entirely invalid, which undermines the entire purpose.

Step 7: Sign and Witness the Will

Once your will is prepared, it must be signed and witnessed according to your state’s requirements. Most states require:

• Your signature at the end of the document, preferably in front of witnesses
• Two adult witnesses who watch you sign and sign the document themselves in your presence
• Witnesses should not be beneficiaries named in the will, as this can create a conflict of interest and may invalidate their bequest in some states

Many states also allow or require a self-proving affidavit, which is a notarized statement attached to the will confirming that all signing formalities were properly observed. A self-proving affidavit simplifies probate by eliminating the need for witnesses to appear in court later to verify the will’s authenticity.

Step 8: Store Your Will Safely and Tell Key People Where to Find It

A will that cannot be found when it is needed is almost as problematic as no will at all. Store the original signed will in a safe, accessible location such as:

• A fireproof safe at home (tell your executor the location and combination or how to access it)
• A bank safe deposit box (though this can be tricky if access requires a court order after death)
• With your estate planning attorney
• With your executor

Make sure your executor, and at least one other trusted person, knows exactly where the original will is located. Keep a photocopy in a second location. Update beneficiary designations on retirement accounts and life insurance to align with your overall estate plan.

Step 9: Review and Update Your Will Regularly

A will is not a one-time document. Life changes — marriage, divorce, birth of children or grandchildren, death of a named beneficiary, significant changes in assets, or moving to a different state — may all require updating your will. Review your will at minimum every three to five years, or whenever a major life event occurs. When you make changes, create a completely new will (or a formal codicil amendment) rather than handwriting changes on the existing document, which can invalidate it.

What a Will Cannot Do

It is equally important to understand the limitations of a will. A will cannot:

• Override beneficiary designations on retirement accounts, life insurance, or accounts with transfer-on-death designations
• Transfer assets held in joint tenancy with right of survivorship (these pass automatically to the surviving joint owner)
• Transfer assets already held in a living trust
• Control distribution of assets in states outside your state of domicile without additional legal steps for real property
• Avoid probate — assets passing through a will must go through the probate court process, which is public, can be time-consuming, and costs money

For these reasons, many financial and legal advisors recommend a comprehensive estate plan that includes a will, a living trust, durable powers of attorney, and healthcare directives rather than a will alone.

Final Thoughts

Writing a will in 2026 is more accessible than ever, with attorney services, online platforms, and informational resources readily available. The barriers are mostly psychological. No matter your age, health, or wealth level, having a valid will is a gift to the people you love — it spares them from uncertainty, conflict, and expensive court battles during an already difficult time. Take the first step today.