What You Need to Make a Will: A Complete Checklist

Making a will is one of those tasks that sits on the to-do list for years. Partly because people don't know where to start, and partly because it forces you to think about things most of us prefer not to think about.

This guide makes it concrete. Here's everything you need to gather, every decision you'll need to make, and how to prepare so that your time with an attorney is efficient — and results in a will that truly reflects your wishes.

What a Will Actually Does

Before diving into the checklist, it helps to understand what a will is — and what it isn't.

A will (formally called a "last will and testament") is a legal document that directs how your assets are distributed after you die, names who will manage that process (your executor), and — critically — names a guardian for any minor children.

A will goes through probate, which is the court-supervised process of validating your will and overseeing the distribution of assets. Some assets pass outside of probate (like life insurance with named beneficiaries, or accounts with a "transfer on death" designation) — your attorney can help you understand which of your assets fall into each category.

The Complete Checklist

Personal Information

• Your full legal name and any aliases you use
• Your current address
• Your Social Security number
• Names and dates of birth of your spouse/partner and children
• Names of any other dependents

Your Assets

You don't need exact values — general information is enough to start:

• Real estate: addresses of all properties you own, and whether you own them outright or have a mortgage
• Bank accounts: institutions and approximate balances
• Investment and brokerage accounts
• Retirement accounts: 401(k), IRA, pension
• Life insurance policies: company, policy number, current death benefit
• Vehicles: make, model, year
• Business interests: if you own a business or shares in one
• Valuable personal property: jewelry, art, collectibles, antiques
• Digital assets: cryptocurrency, domain names, online businesses

Your Debts

• Mortgage balance
• Car loans
• Credit card balances
• Student loans
• Any personal loans or money you owe

Your Beneficiaries

You'll need to decide who receives what. Think through:

• Your primary beneficiaries — the people or organizations who inherit your assets
• Contingent beneficiaries — who inherits if a primary beneficiary dies before you
• Specific bequests — if you want particular items to go to particular people ("my mother's jewelry to my daughter Emma")
• Charitable gifts — if you want to leave anything to a nonprofit or institution

For each beneficiary, you'll need their full legal name, relationship to you, and ideally their current address.

Your Executor

Your executor (sometimes called a personal representative) is the person responsible for carrying out your will — gathering your assets, paying your debts, and distributing what remains to your beneficiaries. You'll need:

• The name of your first-choice executor
• The name of an alternate executor (in case your first choice cannot serve)
• Their contact information

Choose someone you trust completely, who is organized, and who is willing to take on this responsibility. It's not a small job — let the person know in advance that you're naming them.

Guardian for Minor Children

If you have children under 18, naming a guardian is one of the most important decisions in your will. Consider:

• Who you trust most to raise your children with your values
• Their willingness to serve — always ask first
• Their age, health, and life situation
• An alternate guardian in case your first choice cannot serve

The guardian of your children's person (who raises them) and the trustee of any assets you leave for them (who manages the money) can be different people.

Your Funeral and Burial Wishes

While a will is not the best place to document detailed funeral wishes (it may not be read until after the funeral), it's worth noting your general preferences here and documenting the specifics in a letter of instruction:

• Burial or cremation preference
• Any pre-arranged funeral plans
• Organ donation wishes

Companion Documents to Discuss with Your Attorney

A complete estate plan typically includes more than just a will. Ask your attorney about:

• Durable Power of Attorney: authorizes someone to manage your finances if you become incapacitated
• Healthcare Power of Attorney: authorizes someone to make medical decisions on your behalf
• Living Will / Advance Directive: documents your wishes for end-of-life medical care
• Trust: if your estate is large or complex, or if you want to avoid probate

Questions Your Attorney Will Ask

Go prepared with answers to these:

• Do you want to make any gifts or bequests specifically tied to conditions (e.g., "to my nephew when he turns 25")?
• What should happen to your estate if all your named beneficiaries die before you?
• Are there family members you want to explicitly exclude from your estate, and if so, why?
• Do any of your beneficiaries have special needs that would affect how an inheritance should be structured?
• Do you have assets in multiple states or countries?

After the Will Is Signed

Once your will is signed, witnessed, and notarized (requirements vary by state):

1. Store the original in a safe place — ideally with your attorney or in a fireproof safe at home
2. Tell your executor where it is
3. Review your beneficiary designations on life insurance and retirement accounts — these pass outside your will and override it
4. Create or update a letter of instruction to accompany your will with practical details your executor will need
5. Review your will every few years, and after any major life event

Frequently Asked Questions