[] [] [tail] [up]

Preparing a Will

Preparing a will requires a systematic review of your assets and family relationships. Follow these steps to establish a legally sound document:

Inventory Assets and Liabilities

List all real estate, brokerage accounts, business interests, and personal property, alongside outstanding debts.

Designate Beneficiaries

Identify the individuals or organizations that will receive specific bequests and the residuary estate.

Appoint an Executor

Select a capable individual or corporate executor to manage the probate process, pay administrative expenses and taxes, and distribute assets.

Nominate Guardians

Designate primary and alternate guardians for minor children.

Draft and Execute

Draft clear, unambiguous instructions. To execute the will, sign it in the presence of disinterested witnesses as required by state law (typically two witnesses who do not inherit under the will).

Secure Storage

Store the original document in a fireproof safe or with your attorney, and inform your executor of its location. A photocopy is generally insufficient for probate.

Three clauses cost nothing to include and are conspicuous by their absence in cheap documents:

A survivorship clause

Absent one, the Uniform Simultaneous Death Act supplies a default requiring a beneficiary to survive you by 120 hours ( Cal. Prob. Code §§220–224, §6403). Draft a longer one — thirty to sixty days is standard — so that a spouse who dies three weeks after you does not drag your entire estate through a second probate and a second set of fees before it reaches the same children.

A common-disaster and contingent-beneficiary chain

Name alternates, and alternates for the alternates, all the way down to a named charity or a class such as “my then-living descendants, per stirpes.” A residuary clause with no surviving taker sends the estate to intestacy, which is where you started.

A pet trust

Animals are property and cannot inherit, so “I leave $50,000 to care for my dog” is an unenforceable wish. Every state now authorizes an enforceable trust for the care of an animal alive during your lifetime ( Cal. Prob. Code §15212; Uniform Trust Code §408): name a caregiver, name a separate trust enforcer with standing to sue the caregiver, fund it with a realistic number, and say where the remainder goes when the animal dies.

Using Software to Prepare a Simple Will While online platforms are cost-effective for simple estates, they are mass-market instruments designed for individuals with straightforward assets, a single marriage, and net worth well below the federal estate tax exemption. They cannot handle multi-state property titling, blended-family dynamics, advanced asset-protection structures, generation-skipping transfer (GST) tax allocations, or state-level estate taxes. If your net worth exceeds several million dollars, or if you own business entities, have a non-citizen spouse, or support beneficiaries with creditor risks, the legal fees for an estate attorney are negligible compared to the cost of a defective structure. Online software is useful only for drafting a temporary placeholder.

For individuals with simple estates, common options include:

Handwritten Wills (Holographic Wills) A handwritten will, or holographic will, must be written, dated, and signed entirely in the testator’s handwriting. While recognized in approximately half of U.S. states, they are highly vulnerable to challenges based on ambiguity, lack of witnesses, and proof of authorship. Many jurisdictions require two witnesses to validate a will, rendering an unwitnessed holographic will invalid. Avoid holographic wills; they are a recipe for post-mortem litigation.

When Lawyers Are Required Retain an estate planning attorney in any of the following scenarios:

Complex Estates

If you have a large estate with diverse assets, multiple beneficiaries, or complex distribution plans, an attorney can navigate the details.

Tax Considerations

If your estate exceeds federal or state estate tax exemption thresholds, requiring trusts or charitable structures to mitigate taxes.

Business Interests

If you own business entities requiring buy-sell agreements or transition planning.

Blended Families

If you must navigate stepchildren, multiple marriages, or co-parenting dynamics to prevent accidental disinheriting of heirs.

Dispute Potential

If you anticipate disputes among beneficiaries, an attorney can draft a more robust will to withstand legal challenges.

[] [] [front] [up]