Do I need a will and what goes in one
Most adults benefit from a will. It names who receives your property, who handles your estate as executor, and, if you have children under 18, who you want as their guardian. Without a will, state law decides. Some assets pass outside a will through beneficiary forms or joint ownership. A lawyer can draft one that meets your state's signing rules; this page does not draft anything.
Why it matters: Without one, state law decides who gets what and who handles it.
Steps
- List what you own and what you owe, and which accounts already have beneficiaries.
- Decide who you want to receive your property, and any specific items.
- Choose an executor you trust, and a backup, and ask them first.
- If you have children under 18, choose a guardian and a backup, and ask them.
- Book an estate planning lawyer, or check your employer's legal benefit, and bring your notes.
- Sign the will exactly as your state requires, usually with witnesses.
- Store the original safely and tell your executor where it is.
- Review it after marriage, divorce, a birth, a death or a move to another state.
Stop and call a professional if
- always for the drafting and signing: an estate planning lawyer makes sure it is valid in your state
- you own a business, property in more than one state, or have a blended family
Questions to ask the professional
- Which of my assets pass by this will, and which pass outside it?
- What are this state's signing and witness rules?
Common mistakes
- Assuming a spouse or partner automatically inherits everything.
- Writing a will but never signing it properly.
- Forgetting that beneficiary forms can override the will.
Outside the US or in another state: Rules for wills, proxies, beneficiaries, name changes and divorce are set by each US state; outside the US they differ again, so check with a local lawyer or official service.
Teach this to someone
A one page sheet for showing a friend, a teenager or a parent: what to say, what to show, and one question to check it landed.
Teach: Do I need a will and what goes in one
What to say
Most adults benefit from a will. It names who receives your property, who handles your estate as executor, and, if you have children under 18, who you want as their guardian. Without a will, state law decides. Some assets pass outside a will through beneficiary forms or joint ownership. A lawyer can draft one that meets your state's signing rules; this page does not draft anything.
What to show
- List what you own and what you owe, and which accounts already have beneficiaries.
- Decide who you want to receive your property, and any specific items.
- Choose an executor you trust, and a backup, and ask them first.
- If you have children under 18, choose a guardian and a backup, and ask them.
- Book an estate planning lawyer, or check your employer's legal benefit, and bring your notes.
- Sign the will exactly as your state requires, usually with witnesses.
- Store the original safely and tell your executor where it is.
- Review it after marriage, divorce, a birth, a death or a move to another state.
Where it stops
Stop and call a professional if always for the drafting and signing: an estate planning lawyer makes sure it is valid in your state.
Check question
What happens without a will?
Answer: State law decides who inherits. Intestacy laws decide in each state.
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Sources
- US state bar association consumer guides on wills and estate planning, 2026. Reviewed September 28, 2026.
Written in our own words from the sources above. It is general information, not advice for your situation; where a professional, your doctor or your lease says something different, follow them.
Last reviewed . First published .