How to Make a Legal Will

Writing a will is a task that many people put off, assuming they will have plenty of time later to do it. Unfortunately for some people, "later" comes much too soon, and that will remains unwritten. If you don't have a will when you die, your state will decide how your assets should be distributed and will not consider any wishes you may have expressed to family members about your estate. Putting your thoughts in writing in a legal will is the only way to ensure that your wishes are carried out after your death.

Instructions

1. Start your will by writing the title, "Last Will and Testament of (your name)." Write your full name in the title and don't use nicknames.

2. Follow the title with a declaration giving your full legal name and address. Write that you are of sound mind, are of legal age and are not writing the will under duress. Include a statement affirming that all other wills or codicils made by you are now revoked.

3. Name an executor for your will. The executor will take care of distributing your assets and handling the details of your estate when you have died. Family members or close friends are normally named as executors. Name an alternate executor should your first choice be unable to fulfill the duties of the executor.

4. Give the executor the authority to sell any real estate or property that you own and to pay funeral expenses, debts, taxes and other expenses related to your estate.

5. Choose a guardian for your children in the event that both you and your spouse or life partner die while the children are still minors. Discuss this possibility with family members or friends before making this determination.

6. List the names of the beneficiaries of your estate and decide how much money or property each should receive. You may want to list each gift as a percentage of your estate or as a specific dollar amount. Include a section for bequests if you would like a particular organization to receive a bequest from your estate.

7. Discuss funeral arrangements if the type of service your survivors will be holding is important to you. Mention if you would like to be cremated or buried, where any ashes should be kept and important details regarding the service.

8. Find a notary public to witness your signature and those of your witnesses. You can search for a notary public at the Notary Rotary and 123 Notary websites (see Resources).

9. Sign the will in front of the notary public. Your witnesses will also need to sign the will. In most states, two or three witnesses who are not named as beneficiaries in the will are required to sign the will. Include the full names and addresses for witnesses and include a declaration stating that witnesses are of legal age and of sound mind and that they believe that you are also of legal age and sound mind and have signed the will under no duress.

Tips & Warnings

• Place your will in a safe place and give copies to close family members or friends. Avoid storing your will in a safe deposit box, as your family members and friends will not be able to easily access your safe deposit box after your death. Several websites, such as Legal Zoom and Legacy Writer (see Resources), offer a step-by-step will writing program for a fee. 'Lectric Law Library and Do Your Own Will (see Resources) offer free will forms and sample wills.

Resources

• Read this Article in Spanish
• Notary Rotary
• 123 Notary
• Legal Zoom
• Legacy Writer
• 'Lectric Law Library