A will (last will and testament) is a legal document that specifies how you want your assets distributed after death, who should care for your minor children, and who manages the process (executor). It is the cornerstone of any estate plan.
10 steps across 3 sections
1. Witnesses
- Most states: 2 witnesses required, must be 18+ and "disinterested" (not beneficiaries)
- Colorado and North Dakota: Allow notarization in place of witnesses
- Vermont: Requires 3 witnesses (most restrictive)
- Witnesses should watch you sign and then sign the will themselves
2. Notarization
- Louisiana: Only state that requires notarization for a standard will
- All other states: Notarization is optional but recommended for the self-proving affidavit
3. Self-Proving Affidavit
- A notarized document signed by witnesses confirming they witnessed the will signing
- Available in all states except Ohio and Washington, D.C.
- Eliminates the need for witnesses to testify in probate court
- Strongly recommended —- adds minimal cost but significantly streamlines probate
Common Mistakes
- Not having a will at all
- No residuary clause
- Beneficiaries serving as witnesses
- Not updating after life changes
- Conflicting beneficiary designations
Pro Tips
- Tell your executor where the will is stored
- Keep a copy, but mark it clearly as a copy
- Consider a letter of intent
- Name alternate beneficiaries
- Even if you have a trust, get a pour-over will
Sources
- How to Make a Will (FreeWill - updated 2026)
- How to Make a Will: Step-by-Step Guide for 2026 (Ironclad Family)
- How to Create a Will: Step-by-Step Guide (Mutual of Omaha)
- How to Write a Will: Step-by-Step Guide (MetLife)
- Will Preparation Checklist (Trust & Will)
- How Can I Make a Will Without a Lawyer? (NCOA)
- Does a Will Have to Be Notarized? (FreeWill)
- What Is a Self-Proving Affidavit? (Trust & Will)
- Will Requirements by State (Estate Bee)
- How to Make a Will Step-by-Step (Ramsey Solutions)