Before you draft a will, you need to know what you are required to include in it and where to keep it. Your executor and loved ones will need to know the will's location to settle your estate.

Where to Begin

To create a basic will, you could purchase a form or computer software and do it yourself, although you may want to hire an attorney to help you.

It's important to make a new will or review your existing will if you have a major life change such as marriage, divorce, a significant change in your net worth, the birth, adoption or death of a child, or if you move to another state.

What to Include in Your Will
  1. Your name.
  2. A statement indicating the document is a will.
  3. A statement revoking all previous wills.
  4. A guardian's name and one or more alternate guardians in case you and your spouse die while your children are minors.
  5. An executor's name, because this person will oversee the payment of your debts and distribution of any remaining assets from your estate after your death.
  6. Your specific bequests, which include any designated items or amounts of money you wish to leave to a named individual or charity.
  7. Your general bequests, which include assets not designated for specific individuals that will be passed on to your beneficiaries as part of your estate.
  8. The date that you sign the will.
  9. Your signature.


Where to Keep Your Will

Leave instructions for your executor or loved ones regarding the content of your will and its location. It's a good idea to keep your original will with your executor, in your attorney's vault or office, or in a safe-deposit box (Check with your bank first regarding their policy for deposit box access by your executor after your death. Leave instructions for the executor.).

Which document is official

The original will is the only official document and the one that the executor files with the probate court. If your will can't be located, then it's presumed to be revoked. If there is a prior valid will, then that will may go into effect. With no prior valid will or if your will is lost, then your assets will be distributed according to your state's laws.