How to make a Will in 2026

Creating a will is one of the most meaningful things you can do to protect the people and belongings that matter most. Despite this, few people complete the process. According to Gallup, only 46 percent of U.S. adults have a will, and the most common reasons for delaying it are confusion, discomfort, cost, and the belief that the process is more complicated than it is. Research from AARP also shows that unclear or incomplete estates can create avoidable family conflict, financial stress, and long delays during probate.

The good news is that for many people with straightforward finances, creating a simple will is far easier than they expect. National organizations such as NCOA, ACTEC, and the American Bar Association note that a self‑made will can be legally recognized if it meets your state’s requirements for signing and witnessing. This guide will walk you through those decisions in plain language so you can have an informed conversation with your family and, if needed, with a lawyer.

This guide breaks down the entire process in clear, approachable steps which is perfect for first-time planners, renters, young families, or anyone getting their affairs in order.

TLDR - Checklist of What You’ll Do

• Understand what a will does – what problems it actually solves (and what it doesn’t).
• List your assets – make a simple inventory so nothing important is accidentally left out.
• Choose your beneficiaries – decide who gets what, and in what shares.
• Pick an executor – choose the person who will carry out your wishes.
• Decide guardianship (if needed) – name who should care for your children or pets.
• Write your will – put your decisions into clear, simple language.
• Sign it properly – follow your state’s rules so your will is legally effective.
• Store it safely – keep it somewhere your executor can actually find.

If you’d rather be guided through these steps instead of starting from a blank page, HeirLight walks you through the same decisions in about 20 minutes and generates documents you can print and sign. HeirLight is not a law firm and does not provide legal advice, but it can make the process much simpler for first‑time planners.

1. Understand What a Will Actually Does

A will is a legal document that explains:

• Who should inherit your belongings
• Who should manage the process (your executor)
• Who should care for your children or pets
• How personal and sentimental items should be passed down

A simple will is enough for most people, especially if:

• Your finances are straightforward
• You don’t own multiple properties or businesses
• You just want to clearly name beneficiaries
• You want peace of mind without hiring a lawyer

"Most people don’t realize a basic will is perfectly valid without a lawyer; the key is proper execution and clarity." — Jermaine Ee, Founder of HeirLight

When you should talk to a lawyer instead

This guide is meant for simple, first‑time planning. A short consultation with an estate‑planning attorney is usually a good idea if:

• You own multiple properties, a business, or rental real estate
• You have a blended family, step‑children, or estranged relatives
• You expect disputes or want to disinherit someone
• You have a large estate, special‑needs planning, or complex tax questions
• You want to create a trust, advanced tax strategy, or other specialized documents

In those situations, this article can still help you get organized, but a lawyer can give you personalized legal advice.

2. Make a List of Your Assets

Before writing your will, make a clear list of what you own. You don’t need perfect legal terminology, you just need a simple inventory.

Common assets to include:

• Bank accounts and savings
• Car or other vehicles
• Personal belongings (jewelry, furniture, sentimental items)
• Digital assets (email, social media, online accounts)
• Retirement accounts
• Insurance or financial benefits
• Pets
• Real estate (if applicable)

Examples:

• “My savings account at Chase goes to my daughter.”
• “My watch goes to my cousin.”

AARP recommends creating a basic asset list before drafting your will to reduce confusion and help prevent disputes later.

3. Choose Your Beneficiaries

Beneficiaries are the people (or organizations) who will receive your assets.

You can:

• leave everything to one person
• divide your estate evenly
• assign specific items to specific people

Examples:

• “My entire estate goes to my spouse.”
• “50% to my son, 50% to my daughter.”
• “My grandmother’s ring goes to my niece.”

Choosing beneficiaries thoughtfully prevents confusion later.

4. Pick an Executor

Your executor is responsible for carrying out your instructions. This is the person who will handle paperwork, distribute assets, and make sure your wishes are followed.

Qualities that matter:

• Trustworthy
• Organized
• Responsible
• Good with details

Most people choose:

• a spouse
• an adult child
• a close friend or relative

5. Decide on Guardianship (If You Have Children or Pets)

If you’re a parent or pet owner, your will should name:

• a primary guardian
• a backup guardian
• any specific guidance or wishes

This is one of the most meaningful parts of a will for families.

6. Write Your Will

A simple will generally includes:

Basic Structure

• Title: “Last Will and Testament of [Your Full Legal Name]”
• Your full legal name and address
• A statement revoking any previous wills
• Beneficiary list and their shares
• Executor appointment
• Guardianship instructions
• Any specific gifts (“bequests”)
• Signature and witness section

You can handwrite the will, type it yourself, or use an online tool to guide you through each step. For many people with simple finances, a structured, fill‑in‑the‑blanks experience is easier than starting from scratch. HeirLight, for example, helps you think through your will, healthcare directive, and power of attorney in plain English and then generates documents you can print and sign according to your state’s rules. HeirLight is not a law firm and does not provide legal advice, but it can make the decision‑making process much clearer.

Organizations such as the National Council on Aging (NCOA) and the American College of Trust and Estate Counsel (ACTEC) confirm that a self-made will is legally valid for simple estates, as long as it’s properly signed and witnessed.

The American Bar Association (ABA) also states that for most people with straightforward finances, a DIY will is both sufficient and recognized in court.

7. Sign Your Will Properly

This step makes your will legally valid and it’s where most errors happen.

General Signing Requirements (Most States)

• You must sign the will
• Two adult witnesses must sign as well
• Witnesses should not be beneficiaries
• All parties should sign during the same session
• Witnesses must understand they are signing your will

Do you need a notary?

• Most states do not require notarization
• California: not required, but allowed
• Some states allow “self-proving affidavits” (notarized documents that speed up probate)

Tools like HeirLight can remind you of common signing and witnessing requirements as you go, but you are responsible for following the laws in your state. When in doubt, check your state’s official resources or speak with a licensed attorney before signing.

The American Bar Association emphasizes that improper witnessing is a major reason wills are rejected or contested. Cornell Law School’s Legal Information Institute notes that handwritten (“holographic”) wills are only valid in certain states and must meet strict requirements.

8. Store Your Will Safely

A will only works if it can be found.

Reliable storage options:

• Printed copy in a safe, accessible place
• Secure digital storage
• Sharing with your executor
• Uploading to a password-protected folder
• Storing with close family

Avoid overly complex storage because your executor needs to find it quickly

Comparison: Online Will vs Lawyer

DIY Online App

• Best for: Simple estates, renters, first‑time planners, people with straightforward finances
• Cost: Generally low, flat fees
• Speed: Fast – often 20–60 minutes to complete

Notes: You must still follow your state’s signing and witnessing rules and understand that you’re not receiving personalized legal advice.

Lawyer‑Drafted Will

• Best for: Complex estates, business owners, multiple properties, blended families, expected disputes
• Cost: Higher, usually hourly or flat‑fee professional services
• Speed: Slower – typically involves meetings, document review, and revisions
• Notes: You receive legal advice tailored to your situation and can ask detailed questions.

Tools like Trust & Will, FreeWill, and LegalZoom have made online will‑making more accessible for many Americans. HeirLight focuses on first‑time planners who want clarity, simplicity, and help understanding each decision for smaller or straightforward estates. It does not replace an attorney, but it can be a practical starting point for people who might otherwise keep putting this off.

Tools like Trust & Will, FreeWill, and LegalZoom have made online will-making more accessible. HeirLight focuses on first-time planners who want clarity, simplicity, and help understanding each decision, especially those with smaller or straightforward estates.

Create Your Will with HeirLight

HeirLight guides you step‑by‑step through creating your own will, healthcare directive, and durable power of attorney in plain English. The experience is designed for first‑time planners with simple estates who want clarity and peace of mind without feeling overwhelmed.

• Start for $0 and work through the same decisions covered in this guide
• Finish in about 20 minutes, then print and sign according to your state’s rules
• Save your progress and come back as life changes

Important: HeirLight is not a law firm and does not provide legal, tax, or financial advice. Our tools are educational and self‑help in nature. For complex situations or legal advice about your specific circumstances, you should consult a licensed attorney.

If you’ve been “meaning to get around to this,” consider taking the next small step: start your will with HeirLight, get the basics in place, and give your future self – and your family – one less thing to worry about.