You will die someday, and when that happens, everything you own will go to someone else. If you do not have a will, a court—not your family and not your stated wishes—will decide who receives your property based on your state law. This article walks you step by step through creating a simple, legally valid will. It is not a full estate plan, but if you currently have nothing in place, it is the fastest way to document your wishes so they are followed.
What We’re Creating: A Simple Handwritten Will
We are creating a simple handwritten will, also known as a holographic will. This document must be handwritten and signed by you; in many states, those requirements make it legally valid and enforceable. Do not type and print this will, because it will no longer constitute a handwritten / holographic will. If you want to use this simple approach, the entire will must be in your handwriting.
Each state has unique laws regarding handwritten wills, and the laws of the state where you reside will apply to you. Many of these states do not require witnesses or other formalities, but each state is different, so you should research your state’s requirements before writing your handwritten will.
Step 1: What We’re Creating: A Simple Handwritten Will
First, write ‘Last Will and Testament’ at the top of the page. Next, include your full legal name, a statement that you are of sound mind, and the date. For example, I might write: ‘I, Mat Sorensen, being of sound mind, declare this to be my last will and testament. I revoke all prior wills and codicils.’ This language makes it clear that this document controls and cancels any earlier wills or similar documents.
Step 2: Identify Your Family
Next, you need to identify your family. Clearly state whether you are married and, if so, name your spouse. State whether you have children, and if you do, list each child in the will. This helps anyone reading the will understand whether someone was intentionally left out or simply omitted by mistake. For example, if you have three children but only list two and do not clearly disinherit the third, a court might decide to divide your estate among all three. To avoid confusion, list each child and, if you intend to disinherit someone, state that directly. Keep this section simple and factual by stating your relationships and names without extra language like ‘my favorite’ or ‘my first-born.’
Step 3: Name Your Executor
In this step, you will need to name an executor. This is one of the most important decisions in your will, because the executor handles your estate, pays any debts or taxes, and has the authority to distribute your assets.
In your handwritten will, write something like: ‘I designate [Full Name] as executor of my estate.’
In many cases, people choose a spouse or one of their children, often someone who is responsible, good with money, and able to handle the emotional and financial duties involved. You may also want to name a backup executor in case your first choice has died or is unable to serve. When listing your executor, include their full name, their relationship to you, and the city and state where they live.
Step 4: Name Your Guardian
If you have any children under 18, naming a guardian is essential. This can be one of the most critical sections of your will, because you are choosing who would raise your children if you pass away. You may feel that your parents are the best choice, but that may not be ideal if they would rather be grandparents than take on the full responsibility of parenting again. You might instead consider a sibling with children of similar ages, or a close friend or cousin you trust and who shares your values.
Note that the person you name is not automatically guaranteed to become the guardian. A court will ultimately decide who serves, based on who steps forward and what is in the best interests of your children, but judges give significant weight to the person you name in your will. If you do not list anyone, the court will decide without your guidance, which can lead to conflict within your family at a time when they are already grieving. Your family will want direction from you, so clearly list who you would want to serve as guardian for your children.
Step 5: List Specific Gifts (Optional But Helpful)
If there are particular items you want to leave to specific people, you should list them clearly. For example, you might leave a piece of jewelry to your daughter, a shared boat to your brother, or a business interest to your business partner. When you do this, be specific so there is no confusion about what goes to whom, such as: ‘I leave my electric guitar to [Full Name] in [City, State].’ The goal is to describe each item and recipient clearly enough that no one can reasonably dispute your intent. Do not overthink this section; if it slows you down, you can skip it for now and add or adjust specific gifts later. The purpose of this handwritten will is speed and clarity so you can get something in place, knowing you can always revise it in the future.
Step 6: Distribute the Rest of Your Estate
This section explains who receives the rest of your estate. It is the core distribution section of your will and is often called the ‘residual’ clause, because it covers everything that has not been specifically given away earlier. After any specific gifts you list, this clause directs all remaining assets to the people you choose in the percentages you select.
If you are married, you may want your spouse to receive everything that is left. You could say, ‘If I pass away, my surviving spouse receives the entirety of my residual estate.’ If your spouse has already died, or if you are single, you can then direct your remaining estate to your children or other beneficiaries in whatever percentages you decide.
When naming your children—whether they inherit if your spouse is not living or you are single and they are your primary beneficiaries—you should specify their shares as percentages. For example, if you have two children, you might have each inherit 50% of your estate, or you might choose a different split such as 10% for one child and 90% for the other. It is your wealth and legacy, and you decide how it is divided.
When writing this clause, you might say something like, ‘I leave the remainder of my estate to my children, to be split evenly, 50% to each.’ The key is to make it crystal clear who gets what. A simple handwritten will will not cover every possible contingency, such as what happens if a child dies before you or whether that child’s share should pass to their own children. Those details are usually addressed in an estate plan which is more comprehensive.
Step 7: Add A Contingency Clause
If you want to add more detail about contingent beneficiaries, you can do that in this section. A common approach is to say something like, ‘If any of my beneficiaries listed above are deceased at the time of my death, I want their share to go to their descendants, per stirpes.’ This means that if you have four children who each receive 25% of your estate and one child dies before you, that child’s 25% share would go to that child’s heirs rather than being split among the surviving siblings. You may prefer a different approach, but using a per stirpes designation is a simple and widely used way to make sure a deceased beneficiary’s share passes down their family line.
Step 8: Funeral and Final Wishes (Optional)
Now you will state your funeral and final wishes. Indicate whether you prefer cremation or burial and note any preferences for the type of service, such as military or religious. You can also include any special requests that matter to you. This section is optional, and if you are trying to complete this handwritten will quickly, you can keep it very brief or skip it entirely as it is optional.
Step 9: Sign and Date Properly
This step makes this document official. You must physically sign and date your written will by hand. If your state requires witnesses or a notary, ensure they observe your signature and signing date. Not every state requires witnesses or a notary, so research your specific state’s requirements to ensure your written will is valid. In most states, your signature alone is sufficient.
Step 10: Store It and Tell Your Executor
Finally, you need to store your will safely and tell someone you trust about it and its location, because if no one knows it exists or where to find it, your executor and family cannot use it after you pass away. Make sure your executor knows they are named and understands their role, give them a copy of the will so they are familiar with your wishes, and clearly tell them where the original is stored. Your executor will need to file the original will with the probate court, so they must know exactly where it is and how to access it; do not hide it where it could be lost or overlooked.
Important Reality Check: A Will Does Not Avoid Probate
It is important to note that a will does not avoid probate—this is a common misunderstanding. With a will, you specify who receives your assets after you pass away, but the document still must go through a public court process where a judge approves it. This differs from a revocable trust, which avoids probate entirely.
Many assets pass outside of your will anyway, such as retirement accounts, life insurance, bank accounts, or investment accounts with payable-on-death or beneficiary designations. Each has their own beneficiary designations—not within your will—which control who receives them, so make sure they are up to date. If you want to avoid probate altogether and include more detailed rules or contingencies, consider a trust-based estate plan, such as a revocable living trust.
If You Followed These Steps, You Now Have a Legally Valid Will
You now have a simple will in place that puts you ahead of most people. However, this is just a starting point, not the end. If you have substantial assets, real estate, a blended family, retirement accounts, or life insurance—and you want to avoid probate—you should consider getting a full estate plan with a revocable living trust done.
If you want help getting this done, my law firm, KKOS Lawyers works with clients across the country, and you can book a call using the link below. We can go over the benefits of a full estate plan, the revocable living trust, power of attorney, and all the documents that help you leave your legacy behind.
