Educational guide — not legal advice. Will requirements vary by state. Confirm specifics with a licensed attorney in your jurisdiction before relying on this page.
A will is a legal document that says what should happen to your possessions after you die, and who should look after any minor children.
What a will does
- Names an executor — the person who carries out your wishes.
- Names beneficiaries — the people or organizations who inherit.
- Names a guardian for minor children, if applicable.
- Records any specific gifts (“my grandfather’s watch goes to my niece”).
What a will doesn’t do
- It doesn’t avoid probate. A will goes through probate.
- It doesn’t override beneficiary designations on retirement accounts or life insurance — those forms control.
- It doesn’t take effect while you’re alive. For that, you need a power of attorney and a healthcare directive.
Decisions you’ll need to make
- Who is your executor?
- Who inherits, and in what shares?
- If you have children, who is their guardian?
- Are there specific items or amounts you want to leave to particular people?
- Do you have charitable gifts in mind?
Once you’ve thought through these, drafting the document itself is the easy part.
Educational information only — not legal advice. Will execution requirements are set by each state’s statute and vary; the per-state requirements, with the section that sets each, are documented at How to Write a Will and What Makes It Valid. Consult a licensed attorney in your jurisdiction about your own situation.