How to Write a Will Without a Lawyer
Mar 30, 2021ย ยท DIY Steps 1. Purchase a form. You do not want to risk using a free form. These forms rarely comply with state laws, and they do... 2. Choose an executor. Your executor (or personal representative) ensures your final wishes materialize and your... 3. Designate beneficiaries. Decide who will benefit ...
FreeWill lets you make your last will and testament quick, easy, and completely free. It is a simple online legal will maker that helps you compile will forms to print and sign, or to take as a basic will template to an estate planning lawyer. FreeWill is built alongside will making experts.
You can create your will either as a printed computer document or handwrite it. Either way, it must be on regular paper and written in ink. Number the pages of the document (1 of 3, 2 of 3, 3 of 3, etc.) so that it is clear how many pages there are.
Title the document "Last Will and Testament," then state that you declare this is "the last will and testament of (your name)." State that you are of sound mind. List your complete address and date of birth so that there can be no confusion as to your identity. State that you revoke any prior wills created before this document.
If you are married or have children who are alive, list the names of your spouse and children and your marriage date.
If you have children who are minors, you can name a guardian to care for them after your death. You can use language such as "I name John Doe as guardian for the person and property of my minor children." Choose at least one alternate guardian in case your first choice is unable to take on the responsibility.
An executor is the person who will handle the business of probating your will and distributing your property. You can use language such as "I name Jane Doe as the executor of my will and property." Choose an alternate executor in case your first choice is unavailable.
List any specific property or dollar amounts you want to leave to specific people. Be sure to list the beneficiaries' complete names and relationship to you and to adequately describe the items.
Once you have listed the items you want to leave to people specifically, list who you leave the residue, or remainder, of your estate to. This includes everything you own at the time of your death that you didn't already specifically list. You can leave the residue to one person or divide it among several people in any proportion you want.
A last will and testament (most commonly called a 'will') indicates how to distribute your assets after you die. Your will can also address other important topics like preferences for memorial services, guardians for minor children, and caretakers for dependent children, pets, and other individuals benefiting from your support.
Many people throw caution to the wind and either wing it with a free will form or risk dying intestate (without a will). Intestacy statutes favor a surviving spouse or children, which does not help if you are single, live in a domestic partnership, or prefer your property transfers to a charity rather than family members.
If you decide to make a will using forms, keep in mind that you must follow instructions and be thorough, so it is complete and enforceable.
This article addresses essential details about making your own last will and testament. But your will is likely the most important document you will draft, and you must prepare it correctly. Consider speaking with an estate planning attorney near you to review your draft will or help you plan your estate.
While about half of the US states recognize handwritten, or holographic, wills as valid, it's always best to type out a formal will on a computer.
In order to leave property to your heirs, you need to know what you have. Make a list of all your significant assets, including real estate and land, jewelry, artwork, cars, and bank accounts that don't name a beneficiary.
Be as clear as possible about who should receive which assets and specific in describing the assets. Use full names and also consider including a secondary beneficiary in the event you outlive the first. For example, instead of writing "my home goes to my son," write down the full address and his full, legal name.
If you have minor children, you should list out their full names and birthdates in your will. Then name the person who will assume legal responsibility for each of them in the event of both your and their other parent's death.
While it's illegal in many states to name your pet as a beneficiary, you'll probably want to make a plan for their care after your death. You can name a guardian of sorts for your pet and leave money to that person to cover future costs.
Naming an executor for your will is crucial. This is the person who will distribute the property, pay any remaining bills and debts, and handle probate (transferring the titling of assets). You can name more than one person as an executor.
After the executor is finished distributing the assets and paying bills, debts, and taxes, the "residuary beneficiary" will receive what's left over in your estate, if anything. This person โ or charity โ can be a beneficiary who already received a piece of property; it does not need to be someone new.