A will is a legal document that says who inherits your property, who cares for your minor children, and who is in charge of carrying out those instructions after you die. Most adults can draft one without a lawyer, as long as the document meets your state's specific signing and witnessing rules. Here are quick, plain-English answers to the questions people ask most.
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What Is a Will?
A will is a legal document that directs what happens to your property and, if applicable, who cares for your minor children after you die. It names an executor to carry out your wishes and can also state your preferences for funeral or burial arrangements, though a separate letter is often a better place for those details since a will is not usually read until well afterward.
If I Draft My Own Will Without a Lawyer, Is It Legal?
In most states, yes. You can draft your own will as long as the final document meets your state's specific requirements for signing and witnessing. Some states also allow handwritten, or holographic, wills, though FastWill generally recommends a properly witnessed typed document instead, since holographic wills are more frequently challenged.
What Happens If I Do Not Have a Will?
Your loved ones have to sort out your affairs through intestate succession, the process a court uses to distribute your property according to a fixed state formula rather than your actual wishes. According to Caring.com's 2025 wills survey, 76 percent of Americans currently do not have a will, which means most people are relying on their state's default rules by accident rather than by choice. Even a modest estate, a car, a bank account, personal belongings, still has to go through this process without a will in place.
Do I Need a New Will If I Move to a Different State?
Probably, to be safe. A validly executed will is generally recognized across state lines, but the rest of your estate plan, powers of attorney and health care directives especially, may not transfer as smoothly, since financial institutions and hospitals are often cautious about forms unfamiliar to them. If you move between a community property state and a common law state, or into a state with its own estate tax, it is worth updating your full plan rather than just assuming the old one still works.
What Are the Minimum Requirements for a Valid Will?
Requirements vary somewhat by state, but the general pattern is consistent:
- You must be at least 18 years old, with some exceptions for emancipated minors or, in some states, married minors or those in the armed forces.
- You must be of sound mind, meaning you understand what a will is, what you own, and your relationship to the people who would naturally inherit from you.
- The will must be in writing, signed, dated, and witnessed according to your state's specific rules.
Do I Have to File My Will With a Court?
No. You are not required to file or register a will with any court or government office while you are alive. Keep it somewhere safe and accessible, and make sure your executor knows exactly where to find it.
What If I Change My Mind After Making a Will?
Just change it. A small update can often be handled with a codicil, a short written amendment, rather than rewriting the entire document. A more significant change, like a divorce or the birth of a child, usually warrants a full new will that formally revokes the old one.
Who Should I Name as Executor?
That is entirely your choice, but keep the role in mind as you decide: an executor distributes your assets and carries out your wishes after you die. Many people choose a spouse or adult child, with a professional like an attorney or accountant as a backup. There is no specific education or license required to serve.
What Makes a Will Invalid?
A challenge to a will's validity, called a will contest, is usually based on one of a few grounds: the will was forged, it did not follow required formalities like proper witnessing, the testator was not of sound mind when it was signed, or the testator was defrauded, coerced, or unduly influenced. All of these are avoidable with a properly executed, clearly worded document.
How FastWill Helps
FastWill's online will builder is designed to handle your state's specific formalities so you do not have to research them yourself. For a deeper look at specific risks, see our guide on the risks of DIY wills, and for the exact items your document should cover, see things you should always put in your will.
Frequently Asked Questions
What percentage of Americans actually have a will?
According to Caring.com's 2025 wills survey, only 24 percent of Americans currently have a will, meaning 76 percent do not.
Can I write my own will without an attorney?
Yes, in most states, as long as the final document meets your state's specific signing and witnessing requirements. An online platform built around your state's rules can guide you through this.
Do I need to notarize my will?
Not always. Many states do not require notarization for a will to be valid, though notarization is required if you want to add a self-proving affidavit, which speeds up probate.
What is the difference between a will and a living will?
A last will and testament covers your property and guardianship instructions after death. A living will, sometimes called an advance directive, covers your medical treatment preferences while you are alive but unable to communicate them.
How do I choose a backup executor?
Pick someone else you trust who is willing to serve if your first choice cannot. Discuss the role with both people directly so neither is caught off guard later.
