Creating a will isn’t just paperwork — it’s peace of mind for the people you love most. And yet, most families don’t have one in place. That decision can lead to months — even years — of confusion, legal fees, and family tension.
Want to make sure your final wishes are followed without all the guesswork?
Keep reading.
What Is a Will?
A will is a written legal document that spells out how your assets — like money, property, and personal belongings — should be distributed after your death. It also names a person (your executor) to carry out those instructions.
Without one, the state decides who gets what. And it won’t consider your preferences.
Why It Matters
Think your family will just “figure it out?”
Here’s what happens when you don’t have a will:
- The probate court decides who inherits your property
- Family disputes are more likely
- Minor children may end up with guardians you didn’t choose
- Your digital life — from social media to crypto — can disappear or be mishandled
Creating a will isn’t morbid. It’s responsible.
What To Include in Your Will
Here are the core elements every will should have:
- Executor – The person who’ll manage your estate
- Beneficiaries – The people or organizations receiving your assets
- Assets list – Homes, cars, accounts, keepsakes — anything you want to pass on
- Guardianship – Especially critical for parents of minors
- Signatures – In most states, you need two witnesses (and sometimes a notary)
→ Need a shortcut? Download our printable checklist to make sure you don’t miss a step.
Make It Legal
Each state has its own rules. In New York, for example, the will must be signed by you and witnessed by two people — both of whom should sign in your presence.
To be safe, review your state’s requirements:
- New York State EPTL Probate Law
- American Bar Association: Estate Planning Basics
Even if you write your own will, have a legal professional review it. It can prevent expensive mistakes later.
Real Examples Matter
Here’s how having a will made a difference for one family:
“After my dad passed, everything was in his will — from the car title to his Facebook memorial settings. It saved us so much stress. The lawyer said it was one of the easiest probates he’d handled.” – Client in Buffalo, NY
Want yours to be that simple? It can be.
Beyond the Basics: What Else Should You Consider?
Most people forget these areas:
- Digital assets – Who gets access to your email, social media, or crypto wallet?
- Updates – Marriage, divorce, new children, moves… each one should trigger a review
- Care planning – Combine your will with healthcare proxies to ensure seamless senior care decisions
→ If you’re receiving in-home care, talk to your care manager about how your will fits into your broader plan.
Frequently Asked Questions
Do I need a lawyer to write a will?
Not necessarily. But a legal review helps make sure it meets your state’s rules.
How often should I update it?
Anytime your life changes: marriage, divorce, new baby, move to a different state.
What if I already have a trust?
You still need a will. Trusts don’t cover everything — and without a will, any “leftover” assets may still go to probate.
Quick Summary Checklist
Before You Finalize Your Will:☐ Choose an executor
☐ List beneficiaries
☐ Inventory your assets
☐ Name guardians (if needed)
☐ Sign in front of two witnesses
☐ Consider notarization
☐ Store it somewhere safe and share the location
Published June 2024 · Last updated July 2025
This content is for informational purposes only and does not constitute legal advice.
