What to Put in a Will

A will should include who gets your property, who will care for your minor children, and who will handle your estate. These three decisions form the foundation of any will, but most people need to include additional details to protect their families and ensure their wishes are followed.

Writing a will forces you to think through difficult questions about your family’s future. The process can feel overwhelming, but understanding what belongs in a will makes it manageable. Every adult should have a will, regardless of how much they own.

Essential Elements Every Will Must Include

State laws determine what makes a will legally valid, but certain elements appear in every properly written will. These components ensure your document will hold up in probate court and your wishes will be carried out.

Your Identity and Declaration

Your will must clearly identify you by your full legal name, address, and date of birth. Include any other names you use or have used to avoid confusion about your identity.

The document should state that this is your last will and testament and that it revokes all previous wills. This declaration prevents conflicts between multiple versions of your will.

Appointment of an Executor

Your executor handles your estate after you die. This person files the will with probate court, pays your debts, and distributes your property according to your instructions.

Choose someone who is organized, trustworthy, and willing to take on this responsibility. Name a backup executor in case your first choice cannot or will not serve. Your executor does not have to be a family member or live in your state.

Guardian for Minor Children

If you have children under 18, your will must name who will care for them if both parents die. This decision affects every aspect of your children’s future, from where they live to how they are raised.

Choose a guardian who shares your values and has the emotional and financial capacity to raise your children. Discuss this responsibility with your chosen guardian before naming them in your will.

Property and Asset Distribution

The heart of your will explains who gets what when you die. This section requires careful thought about your possessions, your relationships, and what matters most to you.

Real Estate

List all real estate you own, including your home, vacation properties, rental properties, and land. Specify who inherits each property or what percentage of ownership each beneficiary receives.

If you own property with someone else, check how the deed is titled. Property owned as joint tenants with right of survivorship automatically passes to the surviving owner and cannot be distributed through your will.

Personal Property

Personal property includes everything you own except real estate. Your car, furniture, jewelry, electronics, clothing, and collections all count as personal property.

You can distribute personal property in several ways. Some people list specific items and who gets them. Others leave categories of items to certain people or divide everything equally among beneficiaries.

Financial Accounts and Investments

Bank accounts, investment accounts, and retirement accounts with named beneficiaries transfer directly to those beneficiaries outside of your will. However, you should still address these accounts in your will in case the beneficiary designations become invalid.

List accounts without beneficiary designations and specify who should inherit them. Consider what happens if your named beneficiaries die before you do.

Business Interests

If you own a business or hold partnership interests, your will should address what happens to these assets. Business succession planning often requires additional legal documents beyond your will.

Specific Bequests and Instructions

Beyond basic property distribution, your will can include specific gifts and detailed instructions about your final wishes.

Charitable Donations

You can leave money or property to charitable organizations through your will. These gifts may provide tax benefits to your estate and allow you to support causes you care about.

Include the charity’s full legal name and address to ensure your gift reaches the intended organization.

Funeral and Burial Instructions

While not legally required, many people include their preferences for funeral services and burial or cremation in their will. However, your family may not read your will until after your funeral, so consider documenting these wishes in a separate letter.

For guidance on funeral planning decisions, see our funeral planning checklist.

Care Instructions for Pets

Your will can name who should care for your pets and provide money for their care. While pets cannot inherit property directly, you can leave money to the person who agrees to care for them.

Contingency Plans and Backup Choices

Life changes, and your will should account for unexpected circumstances. Building flexibility into your will protects your family even if your original plans do not work out.

Alternate Beneficiaries

Name backup beneficiaries in case your primary beneficiaries die before you do. Without alternate beneficiaries, those gifts may become part of your residual estate or pass according to state intestacy laws.

Consider what happens if an entire family dies in the same accident. Some people name their children as primary beneficiaries and their siblings as alternates.

Residual Estate Clause

Your residual estate includes everything not specifically mentioned in your will. This clause ensures that all your property gets distributed, even items you forgot to list or acquired after writing your will.

Many people leave their residual estate to their spouse, children, or other close family members.

Simultaneous Death Provision

If you and your spouse die at the same time, this provision determines the order of death for inheritance purposes. This planning becomes important for tax purposes and ensuring property passes according to your wishes.

Common Items People Forget to Include

Even careful planners sometimes overlook important assets or decisions when writing their will. Review this list to make sure your will covers all your property and wishes.

Digital Assets

Online accounts, digital photos, cryptocurrency, and other digital property need specific attention in your will. Include instructions for accessing password-protected accounts and specify who should inherit digital assets.

Life Insurance Policies

While life insurance typically pays directly to named beneficiaries, your will should address what happens if no living beneficiaries exist. You might also want to specify who gets any cash value from permanent life insurance policies.

Debts and Final Expenses

Your estate must pay your debts before distributing property to beneficiaries. Consider specifying which assets should be used to pay debts and final expenses, especially if you want to preserve certain property for specific beneficiaries.

Personal Belongings with Sentimental Value

Family photos, recipes, letters, and other items with minimal financial value can cause major family disputes. Consider these items carefully and be specific about who should receive them.

What Not to Put in Your Will

Some assets and instructions do not belong in your will, either because they transfer through other mechanisms or because your will is not the right legal document for certain purposes.

Property with Named Beneficiaries

Retirement accounts, life insurance policies, and bank accounts with payable-on-death designations transfer directly to named beneficiaries. Your will cannot override these designations.

Jointly Owned Property

Property owned jointly with right of survivorship automatically passes to the surviving owner. This includes most property owned by married couples and some property owned by other family members or business partners.

Illegal Requests

Your will cannot include instructions that violate the law. You cannot use your will to disinherit a spouse completely in most states, and you cannot place illegal conditions on inheritances.

When to Update Your Will

Your will should reflect your current situation and relationships. Major life events often trigger the need for will updates to ensure your document still accomplishes your goals.

Update your will after marriage, divorce, the birth or adoption of children, significant changes in your wealth, or the death of beneficiaries or your executor. Most estate planning attorneys recommend reviewing your will every three to five years.

When someone in your family dies, you may need to update multiple legal documents and handle various administrative tasks. Our guide on what to do when someone dies walks you through the complete process.

Frequently Asked Questions

Can I write my own will without an attorney?

Yes, you can write your own will. Many states recognize handwritten wills, and online will-creation tools help ensure your document meets legal requirements. However, complex estates or complicated family situations may benefit from attorney guidance.

How specific should I be about personal property?

You can be as specific as you want, but extremely detailed lists become difficult to maintain. Many people list valuable items specifically and leave general categories of property to certain beneficiaries. Consider creating a separate personal property memorandum that you can update more easily.

What happens if I die without a will?

If you die without a will, state intestacy laws determine who inherits your property. These laws typically prioritize spouses and children, but may not distribute property the way you would choose. The court will also appoint someone to handle your estate and choose guardians for minor children.

Should I include funeral instructions in my will?

You can include funeral preferences in your will, but your family may not access your will until after your funeral. Consider writing a separate letter with your funeral wishes and telling your family where to find it. Store this letter with your other important papers.

How often should I update my will?

Review your will every three to five years or after major life events. Marriage, divorce, births, deaths, significant changes in wealth, and moves to different states all warrant will updates. Keep your will current to ensure it reflects your wishes and complies with current laws.

This information is for educational purposes only and does not constitute legal, medical, or financial advice. Always consult qualified professionals for guidance specific to your situation.