Originally published: November 28, 2014 | Last updated: July 21, 2025
TL;DR: Writing a Will requires 10 key steps: (1) choose your approach — an online service like USLegalWills.com costs about one-tenth the price of a lawyer, (2) name an Executor, (3) consider charitable donations, (4) plan your estate distribution, (5) address digital assets, (6) name guardians for minor children, (7) include alternate plans, (8) sign with two independent witnesses, (9) store safely where your Executor can find it, and (10) communicate your decisions to loved ones. No lawyer or notary is required.
Why Do Most People Not Have a Will?
Only about one-third of adults in the United States have a Will.
Here are 10 steps that take you from start to finish.
Step 1: How Should You Approach Writing a Will?
The process of creating a Will becomes accessible through three different methods which exist in the present day.
| Approach | Cost | Pros | Cons |
|---|---|---|---|
| Blank form / DIY kit | Free–$30 | Cheapest option | Highest risk of errors; most inadmissible Wills come from blank form kits; no guidance or error checking |
| Estate planning lawyer | $600–$1,000+ | Legal advice available for complex situations | Expensive; lawyers use software too; updates cost additional fees |
| Online interactive service | ~$49.95 | Direct access to Will preparation software; customized for state laws; error checking; easy updates | Not suitable for highly complex estates requiring legal advice |
No lawyer writes a Will starting with a blank piece of paper.
Step 2: Who Should You Name as Executor?
Your Will requires you to select an Executor who will become your most vital choice.
- Filing your Will with the probate court
- Securing your estate and gathering your assets
- Distributing assets according to your instructions
- Filing final tax returns
- Providing accounts to beneficiaries
Your Executor must be both trustworthy and capable .
Step 3: Should You Include Charitable Donations?
Approximately 80% of Americans donate to charity during their lifetime but fewer than 5% include charity in their Will.
Options include:
- A specific gift – a fixed dollar amount or particular asset to a named charity
- A percentage of your estate – for example, leaving 5% to a charity of choice has minimal impact on your beneficiaries (who still receive 95%) but can amount to tens of thousands of dollars for the charity
Learn more about planned giving and charitable bequests.
Step 4: How Should You Distribute Your Estate?
Most people think about Will distribution by determining which family members should receive which assets.
The assumption presents a dangerous situation. Every state in the U.S. has different intestate succession laws.
Step 5: What About Digital Assets?
The process of Will creation requires digital assets to become a vital subject which needs attention.
- Financially valuable assets – domain names, blogs, cryptocurrency, online gambling accounts, revenue-generating websites
- Sentimentally valuable assets – online photo storage, social media accounts, email accounts
- Accounts requiring closure – LinkedIn, Facebook, Twitter/X, streaming subscriptions
You should name beneficiaries for valuable digital assets and ensure login credentials are documented and accessible. Learn more about managing digital assets in your estate plan.
Step 6: Who Should Be Guardian of Your Children?
You need to select guardians for your children because this choice represents the most vital part of your Will.
- You need to have enough money to support your children
- The person must share your values and parenting approach
- Your children need to decide between staying in their current neighborhood and school or moving elsewhere
- Your family members must become your preferred social group instead of your closest friends
- The potential guardians need to have suitable age and health conditions
You should make this choice after you talk with your family members and potential guardians.
Step 7: Why Are Alternate Plans Critical?
People who create DIY blank-form Wills make their most common error by not developing backup plans.
You must always name alternates for:
- Your Executor
- Each beneficiary
- Guardians for your children
- Your residual estate (a catch-all provision for anything not specifically addressed)
An interactive online service like USLegalWills.com prompts you for alternate appointments at every stage, making it virtually impossible to overlook this step.
Step 8: How Do You Sign a Will Correctly?
The process of making your Will document ready for legal use requires you to follow proper execution methods.
- Sign in the presence of two independent adult witnesses
- Witnesses must have nothing to gain from the contents of the Will
- Witnesses cannot be beneficiaries or spouses of beneficiaries
- We recommend each page be initialed by you and your witnesses
Important: There is no legal requirement to have the document signed by a lawyer or notarized. Once signed and witnessed by two qualifying adults, it is a fully legal Last Will and Testament in every U.S. state.
Step 9: Where Should You Store Your Will?
A Will becomes useless when you cannot locate it because this situation equals having no Will at all.
Storage options include:
- Hand it to your Executor in a sealed envelope – protects against loss from house fire or flood
- A fireproof safe at home – ensure your Executor knows the location and has access
- A safe deposit box – but be aware that access after death can be complicated in some states
At USLegalWills.com, we offer additional tools to help:
- Executor Tool – MyLifeLocker: A comprehensive inventory of all your accounts and assets
- MyMessages: A service that sends messages to designated recipients at the appropriate time
- KeyHolder™ mechanism: Ensures the right information reaches the right people at the right time
Step 10: Why Should You Communicate Your Decisions?
You create various unexpected decisions through Will writing which your family members will discover during probate proceedings.
- Let people know who you have appointed as guardian for your children
- If possible, explain to those who were not appointed as guardian why you made your decision
- If you included charitable gifts, explain to your beneficiaries why this was important to you
- Discuss the general outline of your estate distribution with key family members
The goal is transparency while preserving privacy. You want your Will to go through probate without conflict, and open communication is the best way to achieve that.
Quick Reference: The 10 Steps to Writing a Will
| Step | Action | Key Consideration |
|---|---|---|
| 1 | Choose your approach | Online services offer the best balance of cost and quality |
| 2 | Name your Executor | Must be trustworthy and capable |
| 3 | Consider charitable donations | Even 5% of your estate can make a major impact |
| 4 | Plan estate distribution | Do not assume intestate laws match your wishes |
| 5 | Address digital assets | Include financially and sentimentally valuable online accounts |
| 6 | Name guardians for children | Discuss with family first; consider values and logistics |
| 7 | Include alternate plans | Always name backups for every appointment |
| 8 | Sign with two witnesses | No lawyer or notary required |
| 9 | Store safely | Your Executor must know where to find it |
| 10 | Communicate decisions | Transparency prevents probate conflicts |
Start your Will writing process at USLegalWills.com when you need guidance about beginning your document.
Related Reading
- How to Write a Will: Key Steps
- Writing Your Will: The Definitive Guide
- Six Common Errors When Writing a DIY Will
- Write Your Own Will – 10 Reasons Why It Makes Sense
- Advice on the Writing of Your Last Will and Testament
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets, and has contributed to articles in The New York Times, NY Metro Parents, U.S. News & World Report, and other leading publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
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