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Making a will, in plain words

What a will does, what happens without one, choosing an executor and guardian, and signing it the right way.

Quick answer

A will says who gets your things and who raises your young children after you die. Without one, state law decides. Pick an executor you trust, name a guardian for kids, sign it the way your state requires (most need two adult witnesses), keep it safe, and update it after big life changes.

Your checklist

  • List what you own
  • Decide who gets what
  • Pick an executor
  • Name a guardian for young kids
  • Sign with witnesses, as your state requires
  • Keep it safe and tell someone where
  • Update after big changes

Rather read it? Here’s the whole thing.

What a will does

It says who gets your belongings and money, who handles things (your executor), and who raises your young children (their guardian).

No will?

State law decides who inherits, usually close family in a set order. It may not be who you would choose.

Key choices

  • Executor: pays final bills and hands things out. Pick someone you trust, and ask them first.
  • Guardian: raises your children if both parents die. Name a backup.

Signing it

Most states require two adult witnesses who watch you sign, and some use a notary. Follow your state’s rules exactly, or the will may not count.

Keep it safe and current

Store the original where your executor can find it. Review it after marriage, divorce, a new baby, a new home or a death in the family.

Do you need a lawyer?

Simple wishes can work with a trusted form. With a business, a blended family or a lot of property, an estate lawyer is worth it.

Common questions

Is a handwritten will valid?

Some states accept handwritten wills, others don’t. Check your state’s rules before relying on one.

Will or living trust?

A trust can help avoid probate and keep things private, but costs more to set up. An estate lawyer can help you decide.

Talk to an estate lawyer near you

Many offer a free first call.

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Not yet reviewed by an expert. Last checked 2026-10-29. This is general help, not legal, medical or professional advice. Rules are different in every state.