Colin Wong
Most people think drafting a Will is complicated and time consuming. But we’re here to tell you that it doesn’t have to be.
Like people, Wills vary a lot! A Will can be a short one-pager written by you, or it can be a long document drawn up by an attorney. The good news is that in 2026 it can cover everything, be done online for free and completed in roughly 10 minutes.
Before you get started, we recommend you check your state’s requirements for valid Wills. This is important because in some states a short handwritten Will is recognized, whilst in others it isn’t. The requirements of your state vary and they matter way more than how long or how detailed the document is.
So, if a Will has been near the bottom of your to-do list for a couple of years, take this as your sign to get it done.
And don’t worry we’ve got you! Just keep on reading.
Let's start with the basics
Who can make a Will?
You need to be 18 or older in almost every state. You also have to be “of sound mind", which means you understand what a Will is, you have a rough idea of what you own, and you know who would normally expect to inherit from you.
You don't need to own a house or have kids. If you care about where your money and your stuff ends up, a Will is worth having.
What you can put in a Will?
Who receives your money, your property, your car and your belongings
Who raises any children you might have if they're under 18
Who acts as your executor, which is the person who carries out the wishes you set in your Will
A gift to a charity, either a set dollar amount or a share of your estate - this is optional although more people are doing it as it’s a very impactful way to support causes you care about.
Who takes care of your pets
What a Will can't control?
Some things go straight to a person, no matter what your Will says, which are often called non-probate assets. These include things like:
Retirement accounts and life insurance, if you already named someone on the account itself
A home or bank account you own jointly with someone else, which usually passes straight to them
Anything you've already put into a trust
Instructions that are illegal or impossible to carry out won't hold up either. You can't leave your house to your dog, Zeus, for example, no matter how good of a boy he has been and how much joy he brought you!
What you'll need before getting started?
A rough list of what you own
Full names for the people you want to leave things to
The name of the person you want as your executor
Names of guardians for your kids if they are under 18
About 10 minutes
The 8 steps at a glance
Step | Common Mistake |
|---|---|
| Not including digital assets like crypto, domains and photo libraries |
| Not including people’s full names |
| Picking the person you love over the person best suited to handle the job |
| Not letting your desired guardians know in advance that you want them to look after your kids |
| Using a template you don't fully understand |
| Having a witness who is also named as a beneficiary in your Will. This cancels out what they inherit from you. |
| Hiding the Will so well, you don't remember where you put it |
| Forgetting your Will exists for 20 years |
Let’s get into the details of these shall we?
Step 1: List what you own
Before you can decide who gets what, you need a clear picture of everything you own. So grab a coffee, get comfy and start writing it all down.
Include:
Bank accounts, savings, and any investment accounts where you are the sole owner
Any property you own
Vehicles
Valuable belongings like jewelry, art, collections and family heirlooms
Digital assets, including crypto wallets, domain names, online businesses and photo libraries
Pets
Anything sentimental you want a particular person to have
Leave off the things that you jointly own with other people, like a home or business account, as well as any assets with an already named beneficiary, like a retirement fund. These are already spoken for.
Common mistake: forgetting digital assets
Digital assets are easy to forget. These are things you own that only exist online: crypto wallets, domain names, photo and music libraries, loyalty points, and any account that earns you money.
The tricky part involves passwords. A Will can become a public document, so passwords shouldn’t be included in it. List the digital asset, like a crypto account, but then store the password in a password manager or a sealed letter. Your Will just needs one line saying where you’ve stored these passwords.
Step 2: Decide who gets what
The people and organizations or charities who are named in your Will are called your beneficiaries. Start with the big stuff, then work down to the sentimental items. You can hand out specific things ("my grandmother's ring goes to my niece Ava Chen") or split your estate by percentage ("60% to my husband Jacob Strauss, 40% split evenly between my children Sacha and Murray"). Most people do a bit of both.
You can also name a charity here, if that's your thing. Charities are usually listed by their full legal name and address, and many US nonprofits ask for their EIN too, which is the number the IRS uses to identify them.
One thing to know if you're married: in many states your spouse has an automatic right to a portion of your estate, even if your Will says something different. So best to check what your state’s laws say or chat to an attorney.
Uneven splits are completely fine too because it’s your Will and your assets. If one person is getting noticeably less, it's worth writing a "letter of wishes" to sit alongside it, which is just a plain letter explaining your thinking. It carries no legal weight, but it can mitigate a lot of hurt feelings for your loved ones later on.
Common mistake: naming people by relationship instead of by name
"My wife" and "my children" feel obvious but years later, they can be a real problem. If you remarry or have another child, the document then becomes unclear.
It’s best to use full legal names. "My children, Sacha Strauss and Murray Strauss” is as clear as it gets.
Step 3: Choose an executor
Your executor is the person legally responsible for carrying out your Will. They track down your assets, pay off any debts and hand out what's left. It's a big responsibility and can be time consuming.
It’s best to choose someone organized and trustworthy, who is likely to outlive you, and either comfortable with paperwork or happy to hire an accountant if or when they get stuck.
Where they live matters too because an executor often has to deal with your bank in person, clear out your home, or show up at a local court. Someone in another country will have a harder time of it than someone who lives in your state.
Common mistake: picking the wrong person out of love
Most people name their spouse or oldest child without thinking twice.
Picture your son Murray. He’s a lovely guy and would do anything for you. He’s also not a numbers guy and gets easily overwhelmed by admin. Is your son really who you want filing court paperwork and chasing down bank accounts while he's grieving you? Your sister, the bookkeeper, might be a better choice.
Whoever you pick, have the conversation with them first to ask them if they’re up to taking this on. It would also be good to do the same with a backup person too.
Step 4: Name guardians for your kids
If you have children under 18, your Will is the only document where you can legally specify who would raise them if both parents died. For a lot of new parents, this is the reason they finally sit down and write a Will.
Think about who shares your values, who has the space and energy for it, who already knows your kids well, and where they live..
Common mistake: never having the conversation
Naming a guardian without asking them first sets up an awful moment down the track. Have the conversation with them before writing your Will to check they are on board, and tell them roughly what you'd want for your kids. Name a backup here too, because people's lives can change.
Step 5: Write the Will
You have three options here.
Option A: online with a guided service
A guided service is for those with fairly simple financial situations. EveryWill falls into this category and it asks you questions in plain language with no legal wording for you to figure out. It turns your answers into a completed Will, ready for you to sign and witness. It takes about 10 minutes and there’s no fee because charities cover the cost instead of you.
Other online Will services exist too. Some are free and some charge a fee, and what you get varies, so it is worth comparing a couple before you pick one.
Option B: with an attorney
Costs vary by state and by which attorney you use. That cost buys real value if your situation is complicated. More on what "complicated" means below. A simple Will does, however, take a few weeks to complete if you go the attorney route.
Option C: handwritten (a "holographic" Will)
Not all states accept a handwritten, unwitnessed Will. The rules for these types of Wills vary a lot between states, and it’s these Wills that are the most disputed, usually over unclear wording.
Common mistake: using a template you don't understand
Free blank templates online are very tempting but they're generic and may not match your state's rules. Many also don’t have clear wording which is a common reason Wills get challenged in court.
Step 6: Sign it with witnesses
A Will isn't valid until you sign it properly, and this is the step where DIY Wills fall short most often.
What you have to do. Most states want two adult witnesses who watch you sign and then sign it themselves. Your witnesses need to be "disinterested," which means they can't be people who are named as beneficiaries in the Will. Check what your state requires for witnesses.
What's optional but worth knowing about. You can add a self-proving affidavit, which is a short extra page you and your witnesses sign in front of a notary. This saves your executor from tracking down your witnesses years later to confirm the signing, so probate moves faster. A notary is an official who checks everyone's ID, watches people sign and stamps the page to confirm it happened. Banks, law offices and shipping stores usually have one, for a small fee. It’s not compulsory but many people choose to add one.
A small number of states go further and require a notary for the Will itself. Rules differ by state, so check what your state requires.
Common mistake: using a witness who inherits
This is a classic technical failure, and the reason behind the rule is simple. A witness is there to confirm you signed freely and knew what you were doing. Someone who stands to inherit from your Will has a reason to say whatever helps them, so states treat that witness as unreliable.
If your sister is named in the Will, she can't witness it, even though she's the obvious person standing in your kitchen. Depending on the state, her gift can be reduced or thrown out while the rest of the Will still stands. Ask a neighbor or a friend who isn't named in the document.
Step 7: Store it somewhere findable
A Will only works if someone can get their hands on it. Keep the signed original somewhere safe and tell at least two people where it is. Good options include a fireproof box at home, your attorney's office if you used one, a secure online vault from your Will service, or the probate court in states that let you file a Will for safekeeping.
Common mistake: hiding it too well
The bank safe deposit box is the famous one. Your family may not be able to open it until probate is underway, and they need the Will to start probate.
Step 8: Update it after big life events
A Will isn't a one-time job. It’s recommended to look at it every 3 to 5 years, and any time something significant changes.
Reasons to revisit it:
Marriage or divorce
A new baby or adoption
A beneficiary or your executor dies
Your finances change a lot, through an inheritance, selling a business or buying a home
You move to a different state
Your wishes change, like a new cause you want to support
Common mistake: the set-and-forget trap
Wills that were never updated cause a lot of avoidable problems. The moment your life changes is exactly when your Will needs another look, and it's also the moment you're least likely to think about it.
Updating is easier than people expect. With EveryWill, you can return any time to update your Will. All you need to do is log in, update the relevant details, print your new Will, and follow the signing instructions. Your new Will revokes all previous Wills.
For attorney-written Wills, you can add a formal amendment called a codicil, though a new Will is usually better.
When an attorney is worth the money
Although online Wills suit a lot of US families, there are situations where paying for advice is money well spent:
Your estate is large enough that federal estate tax could apply. The IRS calls the threshold ‘the basic exclusion amount’, and for someone who dies in 2026 it is $15,000,000. The threshold is high and it changes, so check the current figure through the IRS.
You own property in more than one state, or overseas
You own a business, whether that's an LLC (limited liability company), or a share in a partnership, or a business you run in your own name
You care for someone with a disability and need a special needs trust
You have a blended family and you're worried about a dispute
You're deliberately leaving out a close family member
You want a trust as well as a Will
If none of that sounds like you, an online Will is likely to cover what you need.
Take the next step
You can create or update your last Will online with EveryWill, and it costs you nothing. Charities cover the cost, and you can choose to leave a gift to one if it feels right.
Common questions
What's the easiest way to make a Will? A guided online service. You answer questions in plain English and it produces the document for you. EveryWill takes about 10 minutes and is free.
What's the biggest mistake people make with Wills? Not updating it. Marriage, divorce, a new child or a big change in your finances can all make an old Will out of date.
Can I just write my own Will by hand? Some states accept handwritten/ holographic Wills and many do not. They're disputed more often, usually over unclear wording. Check what your state allows before you go that route.
How much does it cost to make a Will? EveryWill is free. Attorney fees and paid online services vary a lot, so it's worth checking current prices before you decide.
What should you never put in your Will? Passwords or account numbers, since a Will can become a public document. Also skip anything already covered elsewhere, like retirement accounts and life insurance with named beneficiaries, a jointly owned home, and assets held in a trust.
Do I need an attorney to make a Will? Many people with straightforward finances use an online Will. An attorney is worth considering if you own a business, hold property in several states or countries, care for someone with a disability, or expect a dispute.
Are online Wills legal? Online Wills are recognized in most states. What matters is following your state's signing and witnessing rules, including the number of disinterested witnesses your state asks for and any notary rules that apply.
How often should I update my Will? Every 3 to 5 years as a habit, plus any time you have a major life event.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Laws vary by state. For advice specific to your situation, please consult a licensed attorney in your state.