A will is a critical legal document and one of the best ways to assure your wishes are followed after your death. A will determines not only what happens to your assets and how property is distributed, but it can also direct what happens to your children, pets—even your debts.
While it may be emotionally difficult to consider your own mortality, thinking about what you want to happen is the first step toward making it happen. Putting your wishes in writing helps avoid confusion and disagreement among your loved ones.
Here are 6 steps to consider as you prepare a will.
1. Gather Your Thoughts
The will directs what happens to property after the owner’s death. But wills can also have a strong emotional impact on loved ones. Take a moment to think about those who will need to be taken care of. Make a list. Who will have custody of your children? Who gets the deed to the family house? Who will take care of Mr. Sprinkles, the family cat? The list should include your spouse, heirs, family members, friends, pets, guardians, and anyone you wish to participate in the execution of your estate.
2. Take Inventory
Make a list of everything you—and if applicable, your spouse—own. To the extent you can, note how you own each asset—as husband and wife, as a partner, as a joint owner with siblings, etc. Note any other parties who also have an interest in your assets. Make a note of your debts, too.
3. Divide Your Assets
As your list of assets comes together, start making notes on how everything should be divided. If you want a family heirloom or amount of money to go to a certain friend or organization, this is the time to specify.
4. Select an Executor
An executor is the person responsible for making sure your wishes are honored after your death. This person will also be responsible for taking care of any legal paperwork. Since this role is quite important, be sure to talk to the person you’re considering as the executor of your will. It is recommended that you select a back-up executor in the event your first choice is unable to carry out his or her duties under your will.
5. Make it Official
Consult your family attorney or use a legal service like LegalZoom to make your will official.
6. Get Witnesses
Find at least two people who will serve as witnesses to your will. These should be disinterested parties who are not mentioned in your will. Determine how many witnesses are required by the laws of the state in which you are making the will, and whether there are any other formalities.
Once your will has been finalized, keep it in a safe place at your home. Creating your will may take a little bit of time, but knowing your loved ones will be taken care of is worth the effort. Start thinking about it today.
several years ago I completed a legalzoom.com will but everything has changed in my life. How do I make changes?
Thanks,
Terry Kelly
Terry, we can certainly help you update your Last Will. Email us at customercare@legalzoom.com or give us a call at 1-800-773-0888 (7am-5pm PST, M-F) and we'll get right on it!
go back to legal zoom ,or get a lawyer and just have it revised
1-is it true that in order for a sibling to not be able to contest the will i have to leave him/her $1 (one dollar)?
2-is there something else i must do to keep the sibling(s) out of the loop?
3-if both witnesses have died since I executed the will, does it still stand?
Thanks for your inquiry. Just a reminder: LegalZoom makes it easy and affordable to create your own Last Will & Testament, but we can't give specific legal advice about that Will. We can help you find an attorney to answer these questions with our attorney referral network: http://attorneyconnect.legalzoom.com
Need an answer to what happens if both witnesses have died. Thanks.
G. Atkinson
I started a will with legal zoom on 4/26/2010 & cannot find it to finish
Hi Kathleen, don't worry, we'll be happy to help you locate your order! Give us a call (1-800-962-7490, 7am-6pm PST, M-F) so that we can get you on your way.
I will be calling you real soon I need a divorce and a will.
My wife and I had wills prepared by a local attorney who is no longer a member of the bar. We would like to know if the wills are still good and can Legal Zoom help us to update them?
Thank you,
Rich
Hi Rich, thanks for your interest in LegalZoom. While LegalZoom is unable to speak to the validity of your existing documents, we can make it easy to prepare new Wills if you are interested in doing so. Give us a call (1-800-773-0888, 7am-6pm PST, M-F) or send us an email (psinfo@legalzoom.com) if you have questions. Or get started right away at: http://www.legalzoom.com/legal-wills/wills-overview.html
I ordered the will kit and can not see how it will do the simple will I intend to leave . The % catagories do not work for me . Paul Clark
Hi Paul, we can cetainly help you with your Will. Email us at customercare@legalzoom.com or give us a call at 1-800-773-0888 (7am-5pm PST, M-F) and we'll get right on it!
Can I get a copy of this article sent to the email address above?
How to Get Motivated: 6 Steps to a Good Will
Hi Mike,
You can email the article to anyone you'd like by clicking the email button to the right of the title of this article.
Thanks for your interest in LegalZoom,
Sincerely,
LegalZoom Staff
Evidently, at some time in the past, I had a password to LegalZoom. I can't find it and I need to make a will. Help.
Thanks
Hi Carol,
Please call 800 773 0888 and we can help reset that for you.
Thanks,
LegalZoom Staff
Is there a source for "legalese" in a will so that when I make use of a word it means what I intend for it to mean?
I am interested in completing wills for myself & my husband. I started a long time ago and had a password. I don't remember it.
One of my questions is can I have co-executors. I stopped working om my will because I could not find a way to do this.
Thanks for your help.
I HAVE A WILL AND I WANT TO ADD TO IT HOWEVER, I WOULD LIKE TO TYPE A LETTER TO ADD MY GRANDDAUGHTERS TO MY WILL. I WILL GET IT NOTARIZED. TELL ME IF THIS LEGAL?
Hi Marie. Thanks for contacting LegalZoom! At this time, we cannot ammend any documents that were not previously created by LegalZoom. However, we make creating a new Last Will and Testament simple, affordable, and efficient. Give us a call (1-800-773-0888, 6am-7pm PST, M-F) or send us an email (psinfo@legalzoom.com) if you have questions. Or get started right away at: https://www.legalzoom.com/legal-wills/wills-overview.html
Please note that we can’t answer legal questions in the article comments. If you have a specific legal question, click here to connect with an attorney.