How to Write a Legal Basic Will
A will is a document you write to identify the disposition of your property after death and to clearly state who will legally handle the settling of all your affairs. You may write your own will if you are at least 18 years old, you know what you own and what you want to do with it and you are aware of what you are doing in assigning your possessions and property. If you die without a will (legally, "intestate"), the state in which you live appoints someone to act as executor, and the executor makes all decisions about the disposition of your property, regardless of what you may have liked or wanted.
Other People Are Reading
Things You'll Need
- Inventory list
- Bequest/Disposition list
- Will form
- Self-proving affidavit
- Attorney
- Three witnesses
- Notary Public
- Typewriter or word processor
Instructions
-
-
1
Gather your personal information, including full name, date of birth, marital status, spouse's name (if you are married) and your address; the names, birth dates and addresses of every person or organization you intend to name in the will; the names, birth dates and addresses of your children, even if you do not intend to leave anything to one or more of them; and the name, birth date and address of the person who is to serve as executor/executrix of your estate.
-
2
Prepare an inventory list of all your possessions and property and assess their value. This may include as much or as little detail as you like, but should clearly identify items to the level you intend to dispose of them. For example, you may decide to write "all my jewelry" as an inventory item, with a value of $20,000, or you could write "my diamond engagement and wedding ring" with a value of $18,000 and "all my other jewelry" with a value of $2,000. It's up to you to decide the level of detail.
-
-
3
On a separate sheet, prepare a list of the people to whom you intend to leave your property and possessions. Next to their names, write the bequest and then cross it off the inventory list. Continue until all inventory is accounted for in the bequest/disposition list.
-
4
Contact your local county clerk's office to find out what forms you need to file for your will to be legal in your state. Use a typewriter or word processor to fill them in with the information from your lists. Wills are not considered legal unless they are typed.
-
5
Hire an attorney to review your will in its final form. This small investment will save confusion, frustration and legal wrangling should your will be discovered to be invalid in its final form.
-
6
Go with three witnesses who do not in any way benefit from your will to a notary Public, have them sign the Self-Proving Affidavit before the notary. The notary will attach the signed form to your will and then sign and affix his seal on your will.
-
7
Store the will in a secure place and make provisions for your executor to be able to retrieve it in the event of your death. The state will only accept the original will with original signatures and seals as valid.
-
1
Tips & Warnings
Wills reflect your current situation, so it's a good idea to periodically review them and create new ones as your circumstances change.
Every state has its own laws regarding the form and applicability of a will. If you prepare your own, it is wise to have an attorney review it. If you die without a legally binding will, the state considers you intestate and your wishes will not be followed.
