How To Create a Will In 3 Steps
Everybody needs a will. If you don't have a will, then when you die your property and your children will go to whomever state law says they should go to. You will have no control over what happens to your property and your children. With a will, however, you can control who gets what. This is especially important if you have minor children.
Things You'll Need
- Collection of assets and debts Names and contact information of trusted family or friends Witnesses Form of will
Instructions
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Locate a good form of will. You can use a form that is already typed out but has blank spaces for you to fill in your information by hand. More preferably, you might have an electronic form that you can edit and revise to meet your needs. Forms can be purchased online from sources like legalzoom.com or uslegalforms.com. They can also be purchased from attorneys or some state programs. Because the laws of each state vary, you need to find a form that complies with the laws of your particular state.
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Fill out the will form. You will want to pay particular attention to the parts where you list the property you own and to whom you want to give each piece of property. You should list a recipient for all of your property. You should also list the person or people whom you want to act as guardians for your minor children, if you have any. You might consider listing a first alternative, in case your first choice dies before you do or is in some other way unable to take custody of your children.
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Execute the will. Executing a will is the legal term for signing the will and making it official. Each state has its own laws regarding the valid execution of wills, so make sure you follow your state's laws. Generally, though, you must sign the will, and you must have two or three witnesses sign the will. Sometimes, a public notary must attest to your signature on the will.
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Tips & Warnings
If you have any questions about what to include in your will, or how to properly execute your will under state law, you should contact an estate planning attorney.
In most states, failure to include one of the required signatures, such as your signature, a witness's signature, or the notary's signature, will mean that your will is invalid, so be sure to follow precisely the legal requirements of your state.