How to Make a Will

What Is a Will?

Your last will and testament, also known as your will, is a legal document that details your final wishes about everything. In this legal document you declare who will manage your estate after you die and who is entitled to your possessions from your home to heirlooms to your sentimental items. In a will, you can also name the guardians for minor children or other dependents.

Creating a will is an important part of estate planning; if you don’t create a will, a judge or state officials will usually be in charge of your estate, which can lead to family conflict and prevent your final wishes from being carried out.

A will is one part of an estate plan, which can also include legal documents like trusts, powers of attorney, and a living will. According to Caring.com’s 2024 Wills Survey, only 24 percent of Americans have a will. Study results showed that creating one is low on their to-do list. According to this same survey, people don't think they have enough assets to leave to anyone and believe creating a will is too expensive.1

But you might have more assets than you realize and creating a will doesn’t have to be an expensive or overwhelming undertaking.

How to Make a Will: A Step-by-Step Guide

1. Choose What to Include in Your Will

No two wills look the same. Consider your minor children, estate, savings, belongings, pets, and any end-of-life wishes, like about your funeral and where you want to be buried. Collect any paperwork you have – digital or actual paper – that contains information about your finances, including properties you own, life insurance policies, and bank accounts.

Common items to list in a will include:

• Real estate holdings
• Stocks, bonds, and mutual funds
• Cash savings accounts, checking accounts, and money market accounts
• Business assets and ownership
• Vehicles or boats
• Family heirlooms
• Other possessions

You may not think you own anything valuable enough to include in a will, but odds are, your loved ones would disagree. Try to think about which possessions your children, grandchildren, or other relatives would like to have. For example, if your daughter has always admired your wedding china, consider bequeathing it to her in your will.

2. Decide Where Your Belongings Go

Next, you need to figure out who gets your stuff, properties, assets, pets, etc. Do you want to leave your vacation home to your children? If you still have minor children, who should care for them should you pass away? Are you planning to donate a chunk of your estate to a non-profit you volunteer for?

How you divide everything up is entirely up to you. Many married people leave everything to their spouse. However, you should still choose alternate beneficiaries. That way, your will is still relevant even if your spouse passes away before you.

And, remember, the more specific you are, the less guessing your executor needs to do. Not to mention less bickering among family members!

3. Choose an Executor

Executors – you guessed it! – execute your will. They make sure that what you want to happen with your assets and last wishes actually happens. Executors make sure your son gets the family train set he adores and that your sister receives your beloved pooch. An executor’s responsibilities may include offering the will for probate (the legal process of reviewing the will), administering the estate, and paying off the deceased person’s debt and taxes using the estate’s funds.

Choose your executor wisely. It may be an adult child, a close friend, or an attorney. Whoever the person is, make sure they’re trustworthy, ethical, and willing to take on the responsibility.

We spoke with Jim Revels, CPA, member of the American Institute of Certified Public Accountants’ Personal Financial Planning Executive Committee, who says it’s best if the person lives nearby, can be assertive, and is financially responsible. If you choose an attorney, they’re typically paid using funds from your estate.

Consider having an alternate executor in case your primary choice is unable to serve. AARP even suggests you name two executors just in case something befalls one of them. Periodically review your will to update as needed.3

4. Choose Guardians for Your Dependents

Do you still have minor children in your custody? For example, many grandparents are raising their grandchildren nowadays. Over 32.7 percent of grandparents across the country who were living with their grandchildren under the age of 18 were responsible for their care.4

If so, you’ll need to decide who will care for them in case you’re unable to. Be sure to talk at length to the person or couple before naming them in your will.

Don’t just consider guardians based on their kindness or loving nature. Think deeply about their circumstances including their ability to manage both the child's needs and the financial responsibilities. Additionally, older adults may not realize the potential for conflict among family members if the selection isn't carefully handled.

5. Write the Will

Now, you need to create the will. There are a few ways to do this:

• Hire a lawyer: Attorneys can draft your will for you. This is the best choice if you want personalized legal advice and you have the spare cash to pay. Jim Revels recommends that you “don’t use just any attorney.” Instead, he advises, “Use an attorney that specializes in trusts and estates and is licensed in the senior’s resident state.”

What price should you expect to pay? A standard last will and testament may cost $300 to $1,000, depending on location and complexity.5 You can also find online alternatives that are more affordable. Check out our Trust & Will review for more details.

• Make a DIY will: If you have a simple estate, you can write your own will using online templates, software, or website services. We cover helpful services and resources in our guide to the best free will makers.
• Fill out a statutory form: Before using these basic forms created by your state, make sure it truly reflects your wishes. Then, simply fill in the blanks with your information and follow the instructions for signing. California, Maine, Michigan, New Mexico, and Wisconsin provide statutory will forms. However, laws change so confirm the current regulations in your state. Also, remember that statutory wills are typically not customizable and might not fit complex situations.

6. Sign the Will in Front of Witnesses

You must sign and date your will in front of at least two witnesses. The witnesses cannot be listed as beneficiaries in your will.

If you want your will to get through probate more easily, also include a self-proving affidavit with your document. This is a notarized document that you and your witnesses sign to show that you are the ones who signed and witnessed the original will.

What to Do After You’ve Written Your Will

Once you’ve taken care of writing the will, here are a few other things to consider.

Where Should I Store My Will?

You need to find a secure yet accessible spot to keep the original will. Some good places to keep it include:

• Your attorney’s office: If you use a lawyer to make a will, they can store it for you. You can ask for it back at any time should you want to relocate it, rewrite it, or work with a new attorney.
• Your home: Store your will in a waterproof and fireproof file box, pouch, or folder. Make sure your attorney and/or your executor know where your will is kept. Store it with other important legacy documents like tax returns, estate plans, insurance policies, and passwords.
• Probate court: While states may let you file your will with the probate court, it’s not a standard practice. For example, it's not customary in Florida. In some states, doing this may make the will a public record and compromise your privacy.

Who Should Get Copies of My Will?

It really depends. And, there’s no right or wrong answer here. Some people choose to give everyone affected a copy of the will immediately after finalizing it as my mother did with her three daughters. This gives beneficiaries a chance to ask questions and understand their roles (which we did not do). Others choose not to hand out copies to anyone.

Whichever approach you choose, it’s still a good idea to make copies of your will in case the original one gets misplaced or destroyed and you need to remake it.

How Often Should I Revisit My Will?

Jim Revels recommends that you should revisit your will every three to five years or after a significant change in circumstances.

These can include:

• Changes in the law
• New grandchild
• Financial setback
• Influx of wealth
• Change in your relationship status – marriage, divorce, or break-up
• Losing a spouse
• Losing a child
• Poor health
• Creation of a trust
• The sale of a business

People might not realize this, but you should also update your will when you move to a new state, as laws can vary between states. Also check your will again if you acquire or dispose of major assets, like real estate. Unfortunately, my mother did not update anything after she sold her home on the west coast or when she briefly moved to Florida.

Do I Need a Lawyer to Make a Will?

You don’t have to use a lawyer to make a will. A will written without the help of a lawyer can still be legal. You just need to make sure that you’re following any relevant laws in your state. For example, most states require two witnesses to be present when you sign your will.

That being said, using a lawyer has its benefits. A lawyer will ensure your will complies with all state laws so that it holds up in court. Using a lawyer is a wise choice for seniors with large or complex estates with a lot of assets. It’s also a good idea if your will includes naming guardians if you have minor children.

Of course, using a lawyer comes at a cost. It can cost anywhere from a few hundred to several thousand dollars to hire a lawyer for will preparation. Seniors on a limited budget may be better off writing a will themselves with the help of templates or online will-writing software.

Services and Resources

If you choose a DIY will, you’re not totally on your own. Check out our curated list of services and companies that are well respected and help seniors write their own wills online.

Nolo’s Quicken Willmaker & Trust 2025

This downloadable software helps you create your last will and testament along with other estate planning documents. You can revise and update your will at any time, too. The price ranges from $99 for the Starter software to $209 for the All-Access software. It’s best for downloadable software. Check out the Quicken WillMaker product page to learn more.

LegalZoom

LegalZoom is a popular online service that helps you create your will. They offer a variety of legal documents and services for both personal and business needs. Creating a state-specific will using LegalZoom’s online step-by-step guide starts at $99 for an individual. For more comprehensive support, their Premium Will package, which includes attorney review to ensure everything is correct, starts at $249 for an individual. Read our LegalZoom review to learn more.

Rocket Lawyer

Rocket Lawyer guides you through the will-making process by having you answer questions about your wishes. Before beginning the process, you choose which state you reside in.  It then generates a will that reflects your answers that you can purchase one-time for $39.99 or you can pay a $39.99 monthly membership.

Rocket Lawyer offers legal services beyond estate planning, including business formation and general legal advice. They also offer a 7-day free trial, allowing users to create documents at no initial cost. Their membership includes direct access to attorneys for questions and document review.

FreeWill

Designed for simple wills, a writer for the the Washington Post liked this legally binding service because few Americans leave money to charities in their wills (they’re never asked to!) and FreeWill prompts users by asking if they want to leave a gift to a charity of their choice.

As you go through the FreeWill writing process, you may realize that your estate or family situation is more complicated than you thought. In that case, you can still fill out free forms on FreeWill’s site and then take them to your attorney. This can save you a lot of money if your lawyer charges by the hour.

Gentreo

Gentreo streamlines the process with an interview format and is great for seniors on a budget. The website walks you through creating a will, living trust, health care proxy or power of attorney. You’ll complete documents tailored to state laws (that are updated) and get ongoing support.

It also includes limited chat, phone, and email support, and even provides referrals to discounted partner attorneys should you need legal advice. Many like the secure digital vault for document storage and sharing, as well as specific features for pet-related estate planning. Membership prices start at $100 for the first year and then drop to $50 for every following year.

Want to learn more about financial planning for seniors? Watch our Q&A video below with senior care expert Dr. Marianne Matzo.