Wills 

What a Will Does

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Most people use a will to leave instructions about what should happen to their property after they die. However, you can also use a will to

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• Name an executor.

• Name guardians for children and their property.

• Decide how debts and taxes will be paid.

• Provide for pets.

• Serve as a backup to a living trust.

 

You shouldn't try to use a will to

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• Put conditions on your gifts. (I give my house to Susan if she finishes college.)

• Leave instructions for final arrangements.

• Leave property for your pet.

• Make arrangements for money or property that will be left another way. (Property in a trust or property for which you've named a pay-on-death beneficiary.)

To learn more, read What a Will Won't Do. If you want to do any of these things, get help from a lawyer.

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What Are the Legal Requirements of a Will

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There are very few legal requirements for wills. To make a will in any U.S. state, you must:

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• Know what property you have and what it means to leave it to someone after your death. Legally, this is called having "capacity" and it is also known as being “of sound mind.”

• Create a document that names beneficiaries for at least some of your property.

• Sign the document.

• Have the document signed by two witnesses.

 

No state requires your will to be notarized, although you may use a notarized self-proving affidavit that will make your will easier to get through probate after your death.

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A few states allow you to make a handwritten “holographic” wills, that don't have to be signed by witnessed. However, handwritten wills should only be used when you do not have time to make a formal will because they are much more susceptible to challenge after your death.