Simple Will Preparation Checklist – What You Need Online

A last will and testament is a legal document that outlines how you want your assets distributed after your death. It allows you to name beneficiaries, appoint an executor to manage your estate, and designate guardians for minor children. Without a valid will, state laws (intestacy laws) determine how your property is distributed, which may not align with your wishes.

A will ensures that your assets go to the people and organizations you choose, rather than being distributed according to default state laws. It also allows you to name a guardian for your minor children, specify funeral arrangements, and potentially reduce family conflicts. Having a valid will gives you peace of mind and protects your loved ones from unnecessary legal complications.

Yes, online wills are legally valid in all 50 U.S. states as long as they meet the state's specific requirements. This typically includes being in writing, signed by the testator (you), and witnessed by the required number of disinterested witnesses (usually two). Many reputable online will services ensure their documents comply with state laws. However, for complex estates, consulting an attorney is recommended.

Dying without a will (intestate) means state law determines how your assets are distributed. Typically, your spouse and children are first in line, followed by parents, siblings, and more distant relatives. The court will appoint an administrator for your estate, which can be a lengthy and costly process. Importantly, unmarried partners, friends, and charities receive nothing under intestacy laws, regardless of your wishes.

Witnesses must generally be disinterested parties — meaning they are not named as beneficiaries in your will. Most states require two witnesses, though some require three. Witnesses should be competent adults (usually 18 or older) of sound mind. Using interested witnesses (beneficiaries) may invalidate the gifts to those witnesses or, in some states, the entire will.

It's recommended to review your will every 3–5 years, or whenever a major life event occurs. Key triggers include marriage, divorce, birth or adoption of a child, death of a beneficiary or executor, significant changes in assets, or a move to a different state. Regular reviews ensure your will remains aligned with your current circumstances and wishes.

A will takes effect only after your death and goes through probate (court supervision). A trust can take effect during your lifetime or after death and generally avoids probate. Trusts offer more privacy and control over asset distribution but are more complex and expensive to set up. Many people use both: a will for guardianship and general instructions, and a trust for streamlined asset transfer.

For simple estates, an online will service or DIY template may suffice and is legally valid. However, if you have a complex family situation, own a business, have significant assets, want to disinherit someone, or need tax planning, consulting an estate planning attorney is highly advisable. An attorney can provide personalized advice and help avoid costly mistakes.

Several types of assets pass outside of a will: assets with named beneficiaries (life insurance, retirement accounts like 401(k)s and IRAs), jointly owned property with right of survivorship, assets held in a trust, and payable-on-death (POD) or transfer-on-death (TOD) accounts. Ensure beneficiary designations on these accounts are up to date, as they override will instructions.

Store your original signed will in a safe, accessible place such as a fireproof safe at home, a bank safe deposit box, or with your attorney. Make sure your executor knows where to find it. Some states allow filing your will with the probate court for safekeeping. Avoid hiding it where no one can find it — an unfindable will is as problematic as having no will at all.

In most U.S. states, you can disinherit adult children, siblings, or parents. However, most states have protections for a surviving spouse (elective share), and you generally cannot fully disinherit a spouse without a prenuptial or postnuptial agreement. Minor children must be provided for, typically through guardianship provisions. Explicitly stating your intention to disinherit someone in your will helps prevent successful legal challenges.

Probate is the court-supervised process of validating your will, paying debts, and distributing assets. It can be time-consuming (6–18 months) and expensive. To avoid or minimize probate: use beneficiary designations, create a living trust, hold property jointly, use POD/TOD accounts, and make lifetime gifts. Each state has a small estate threshold below which simplified procedures apply.