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How do I make a will that's actually valid?

The few steps that make a will legal — and the one most people skip.

A valid will doesn't need a lawyer or fancy language. It needs the right content and — this is the part people miss — the right signing. A beautifully written will that's signed wrong is worthless; a plain one signed correctly is ironclad.

What it has to say

At a minimum: your name and state, a line revoking older wills, who inherits (at least a “residuary” person who gets everything else, plus a backup if they die first), and an executor with a successor. If you have minor children, name a guardian — for many parents that's the whole reason to make one.

What actually makes it legal — the signing

Almost every state requires you to sign in front of two competent adult witnesses, together, who then sign too. Pick witnesses who aren't inheriting anything — that sidesteps a pile of technical rules. Then add a “self-proving affidavit” signed before a notary: it lets the court accept the will later without tracking down your witnesses, and skipping it is the most common avoidable cost. A handful of states (like Louisiana) work differently, and a few don't use that affidavit at all — the rules that apply to you depend on your state.

After you sign

Store the original somewhere safe and tell your executor where it is — a photocopy isn't good enough, because a missing original is presumed destroyed on purpose. Don't scribble changes on it later; that takes a proper amendment (a “codicil”) or a new will.

Our will builder walks you through each of these, applies your state's specific rules, and hands you a signing checklist for the part that counts. You can start it free and save your progress.

See what this means for your situation.

Answer five quick questions and we'll tell you whether you need probate, what money you can recover, and the very first thing to do.

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Common questions

Do I need a lawyer to make a will?

Not for a straightforward estate. The content can be simple; what matters most is signing it correctly with witnesses (and usually a notarized self-proving affidavit) under your state's rules.

How many witnesses does a will need?

Two competent adults in almost every state, ideally people who aren't beneficiaries. Louisiana and a few others have their own requirements.