How to Make a Will
A will is a signed document that says who gets your property after you die, who will be in charge of your estate, and who should care for your minor children. The rules for a valid will, such as witnesses, are set by your state, so use your state's requirements or an estate planning lawyer.
What the law says
- A will is a signed document that describes your wishes about what happens after your death, including who gets your property and who cares for minor children. Alaska Court System Self-Help, Wills
- A will can name a personal representative (often called an executor) to handle your estate. Alaska Court System Self-Help, Wills
- A will can name a guardian for minor children. Alaska Court System Self-Help, Wills
- A will can create a trust or leave property in specific amounts or ways. Alaska Court System Self-Help, Wills
- If you die without a will (intestate), state law decides who inherits and who may serve as personal representative. Utah State Courts Self-Help, Probate
- A will can be cancelled or replaced by a new will that says so, by a new will that conflicts with the old one, or by deliberately destroying it. Alaska Court System Self-Help, Wills
- A codicil changes, rather than replaces, an existing will and must meet the same legal signing requirements as a will. Alaska Court System Self-Help, Wills
- Keep the original will safe; whoever finds an original will after a death must deliver it to the court. California Courts Self-Help, Probate
- Having a will does not by itself avoid probate; an estate may need to go through probate even if there is a will. California Courts Self-Help, Probate
- Property that passes automatically, such as jointly owned property with survivorship, beneficiary designations, and property in a revocable trust, does not go through probate under the will. Alaska Court System Self-Help, Probate background information
- The legal requirements for a valid will are set by state law; state courts suggest an estate planning lawyer to make sure a will is valid and reflects your wishes. Alaska Court System Self-Help, Wills
How to file a complaint
There is nothing to file while you are alive in most cases. Prepare the will under your state's rules (many state courts post guidance and sample forms), sign it as your state requires, and store the original safely. After death, the original is delivered to the probate court. California Courts Self-Help, Probate
FAQ
What happens if I die without a will?
Can I change my will later?
Does a will control my life insurance or retirement account?
Do I need a lawyer?
Related
- Do I Need a Lawyer to Make a Will?
- How Much Does a Probate Lawyer Cost?
- What Is a Durable Power of Attorney?
- What Is a Living Trust?
- What Is a Medical Power of Attorney?
- What Is a Power of Attorney?
- What Is a Quitclaim Deed?
- What Is an Executor?
- What Is Probate?
- Will vs. Trust: What's the Difference?
- Wills, Estates & Deeds by state
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.