# Making a will, in plain words > 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. - URL: https://explained.page/making-a-will - Language: en - Last checked: 2026-10-29 - Watch the 1-minute animated guide: https://explained.page/watch?start=making-a-will ## Step by step 1. **Thinking about a will?** A will says who gets your things, and who takes care of your kids, after you die. It gives your family a clear plan. 2. **What a will covers.** Your belongings and money, who’s in charge of handling it, who raises young children, and wishes like care for pets. 3. **No will? Your state decides.** State law picks who inherits, usually close family in a set order. It may not be who you would choose. 4. **Pick an executor.** This person pays final bills and hands things out. Choose someone you trust, and ask them first. 5. **Name a guardian for young kids.** If both parents die, the guardian raises your children. Name a backup too. 6. **Sign it the right way.** Most states require two adult witnesses who watch you sign. Some also use a notary. The rules differ by state, so follow yours. 7. **Keep the original safe, and tell someone where.** Your executor needs to find it. A will no one can find doesn’t help. 8. **Update it after big life changes.** Marriage, divorce, a new baby, a new home, or a death in the family are good times to review it. 9. **Look it up the right way.** Search with your town or state in the words. Pick the official site: it usually ends in .gov. Skip ads and sites that charge for free forms. 10. **Simple or complicated?** 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. ## 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 ## 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. Source page: https://explained.page/making-a-will/questions/is-a-handwritten-will-valid ### 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. Source page: https://explained.page/making-a-will/questions/will-or-living-trust ### Can I write my own will? Yes, as long as you follow your state’s rules, especially about signing and witnesses. Simple situations often work with a reliable form; complex ones benefit from a lawyer. Source page: https://explained.page/making-a-will/questions/can-i-write-my-own-will ### What is the difference between a will and a trust? A will takes effect after death and usually goes through probate. A living trust can hold your things during your life and pass them on without probate, but it costs more to set up. Source page: https://explained.page/making-a-will/questions/what-is-the-difference-between-a-will-and-a-trust ### Who should I choose as executor? Someone you trust who is organized and likely to outlive you. Ask them first. You can also name a backup. Source page: https://explained.page/making-a-will/questions/who-should-i-choose-as-executor ### Does a will avoid probate? No. A will is followed through probate. To avoid probate, people use trusts, joint ownership or beneficiary designations. Source page: https://explained.page/making-a-will/questions/does-a-will-avoid-probate ### What happens to my will after a divorce? In many states, a divorce automatically cancels gifts to your ex-spouse in your will, but don’t rely on it. Update your will and beneficiaries after a divorce. Source page: https://explained.page/making-a-will/questions/what-happens-to-my-will-after-a-divorce ### Do I need a will if I don’t own much? Often yes, especially if you have young children, because a will is how you name a guardian for them. It also makes things easier for your family. Source page: https://explained.page/making-a-will/questions/do-i-need-a-will-if-i-dont-own-much ## Official sources - [American Bar Association: find legal help](https://www.americanbar.org/) - [Legal Services Corporation: free legal aid](https://www.lsc.gov/) To find your local office, search for: - "[your state] will requirements witnesses" - "[your state] bar association lawyer referral" --- General information, not legal or professional advice. Rules differ by state. From explained.page (www.explained.page). Life’s stuff, explained simply.