
Most of us would rather not think about writing a will, as planning for one’s death is hardly pleasant. Like it or not, however, without a will you have no say in what happens to your assets, cherished items, children or pets in the event of your death. Instead, your estate can be tied up in probate court for months or years.
Writing a will can be easy and inexpensive, thanks to online resources. If your financial situation is relatively simple, websites like LegalZoom.com can streamline the process and don’t cost much money. But for many people, it’s worth hiring an attorney to make sure everything is set up just the way you want it.
A simple will can take less than one hour to create, sign with two witnesses and store for safekeeping. Here are five basic steps to creating a legitimate will:
- Inventory
Create an inventory list of the important assets owned by you and you only. Designate to whom those assets will go on your death. Create a counterpart list for any assets owned jointly. Note that jointly-owned assets go immediately to the surviving partner(s), but a recipient should be named in the unlikely event that all owners pass away at the same time. - Heirs
Even if you live paycheck to paycheck or have a lot of debt, it’s very important to identify who will take legal guardianship of your children and/or care for your pets. Naturally you should talk about this in advance: you can’t just name someone—they have to agree! You should also arrange financial support for your children, either through a trust or a life insurance policy. - Two Witnesses and an Executor
Find two witnesses and identify an executor for your estate. In most states, you only need two witnesses to verify your signing of the will. Check on your state’s rule regarding legally recognized wills to see if you need a witness affidavit that requires notarization (these rules can be complicated, which is why many people choose to hire an attorney). When choosing your executor, you should pick someone you trust: common choices are a spouse, an adult child, your lawyer, or your bank. - Where to Keep It
Once you have a will, you need to protect it. Most people choose to keep their will in a safe deposit box at their bank, or at their lawyer’s office. Where ever you decide to store it, make sure that other people know where it is (i.e., don’t hide it in a secret safe in the woods). - Update It Regularly
You should revisit your will on a regular basis, perhaps once a year. As your assets grow, you buy a house, etc., it’s important for your will to reflect these changes in your financial picture. Also important: when you name a beneficiary in a 401(k) account or insurance policy, that choice trumps whatever your will says. So in the event of a divorce or other life change, you should make sure to change all relevant documents, not just your will.
