How to Make a Will: A Step-by-Step Guide

Making a legally valid will requires five core steps: deciding what property to pass on, inventorying your assets, naming your beneficiaries and executor, satisfying state signing requirements, and storing the completed document safely.

At Foster + Bloom, we know that thinking about estate planning can feel daunting, but it is ultimately one of the most reassuring steps you can take for the people you love. Our goal is to offer comprehensive trusts and wills legal services that transform complex requirements into a clear, manageable process.

Whether your family grew through adoption, surrogacy, donor assistance, or biological paths, creating a tailored will anchors your parental intentions and ensures your loved ones are protected at every stage of life.

Step 1: Decide What to Include in Your Will

Creating a comprehensive will requires deciding how your assets will be distributed, selecting an executor to manage the administration, and formally nominating legal guardians for minor children.

Taking time to outline these decisions upfront gives you space to reflect on what matters most when starting your estate plan. Nominating legal guardians is often the most vital consideration for parents, as your will provides clear, legal instructions regarding who will care for your children if you are ever unable to do so.

For families built through adoption, surrogacy, or assisted reproduction, documenting legal guardians brings essential clarity and ensures courts honor your parental choices without unnecessary delay.

Step 2: Take Inventory of Your Assets

Inventorying your assets lists your real estate, financial accounts, personal belongings, and digital property so your estate plan accounts for everything you own.

Gathering these details upfront simplifies the drafting process and ensures no meaningful asset is overlooked:

• Real estate: primary residences, vacation homes, land, and investment properties.
• Financial accounts: checking balances, savings accounts, investment portfolios, life insurance policies, and business interests.
• Personal belongings: vehicles, family heirlooms, jewelry, and household items.
• Digital assets: online accounts, financial portals, digital media, and cryptocurrency holdings.

Certain assets—such as life insurance policies, retirement accounts, or jointly held property—transfer directly to named beneficiaries outside of probate. Understanding what happens without a will helps ensure your non-probate assets and your estate documents work together seamlessly.

Step 3: Choose Your Beneficiaries and Executor

Selecting your beneficiaries and executor specifies who inherits your property and names the person responsible for handling the legal administration of your estate.

Your executor handles practical responsibilities such as submitting your will to probate court, paying final debts, and transferring assets according to your wishes. Determining whether you need a will or trust can also clarify how these administrative duties should be structured.

Naming an alternate executor provides a helpful backup plan if your primary choice is unavailable or unable to serve when needed.

Step 4: Create a Will That Meets Your State’s Legal Requirements

A valid will typically must be in writing, signed by a competent testator who is at least 18 years old, and witnessed by two disinterested adults according to state law.

Because estate statutes vary by jurisdiction, satisfying local signing formalities is essential for your document to be legally enforceable. Most states require physical ink signatures unless specific digital estate statutes apply.

Who Can Witness a Will?

A valid witness must be an adult of sound mind who holds no financial stake or inheritance claim in your estate.

Most states require two disinterested witnesses to observe your signature and sign the document in your presence. Selecting witnesses who receive no gifts under the will protects the document from legal challenges and preserves your true intent.

Adding a notarized self-proving affidavit simplifies probate by confirming witness signatures at the time of execution. Consumer resources like the AARP guide to writing wills offer additional statutory context on state execution rules.

Step 5: Store Your Will and Keep It Updated

After execution, store your original physical will in a secure, fireproof location accessible to your executor, and review the document every three to five years or after major life events.

Your estate plan should adapt as your life and family evolve over time. Common milestones that warrant updating your document include:

• Welcoming a new child through surrogacy, adoption, or birth
• Experiencing a marriage, remarriage, or legal separation
• Moving to a new state with different probate statutes
• Acquiring major assets, real estate, or business interests
• Experiencing changes in the health or availability of an executor or named guardian

Keeping your document updated ensures your legal arrangements continually reflect your current family structure and wishes.

Do You Need a Lawyer to Make a Will?

While basic forms work for simple estates, partnering with a Foster + Bloom estate planning attorney is beneficial when your plan involves minor children, modern legal parentage, business assets, or multi-state holdings.

Working with an experienced attorney ensures every legal nuance is addressed with care and expertise. Consulting legal counsel is particularly helpful for:

• Parents building families through surrogacy, adoption, or donor conception
• Blended families and second parents seeking clear legal recognition
• Families establishing special needs trusts to preserve public benefits
• Individuals managing complex real estate, business entities, or multi-state property

Partnering with an adoption or surrogacy agency provides valuable structure and support during family formation; similarly, working with a specialized family formation attorney ensures your estate documents accurately protect your parental rights and vision.

Get Help With Creating a Will

At Foster + Bloom, our team guides individuals and families through every phase of creating a valid will tailored to their specific goals.

We are here to make the legal process feel approachable, clear, and reassuring at every step.