How to Write a Will for Your Family

Writing a last will and testament is an important legal step toward ensuring that your final wishes are observed. A last will and testament specifies a number of important legal contingencies, including the individual who will execute dispersal of your assets, who will retain guardianship of your minor children, and who will be the beneficiary of your estate's assets. Once your family's will is complete, you and all other family members must sign it in the presence of at least two witnesses.

• 1

  Download a free last will and testament form (see Resources). The contents of your family's last will and testament will be slightly different depending on your marital status and whether you have minor and adult children. You should refer to the downloaded form for the specific legal language that you must use when composing each section of the will.

• 2

  Print "Last Will and Testament" at the top of the page. Underneath that heading, print your full name, your Social Security Number and your current address. Do the same for each member of your family to whom the will applies.

• 3

  Write a declaration indicating that this document is your last will and testament, and that any previously authored documents are invalid. Indicate that you are of legal age to write the will, that you are in a sound mental state, and that you are writing the will of your own volition.

• 4

  Specify the name and date of birth of your spouse and children, if living.

• 5

  Designate an executor for your will. This executor will be responsible for taking an inventory of your assets, handling probate duties in a court of law, selling assets if necessary, and distributing assets to beneficiaries.

• 6

  Designate an alternate executor for your will, in the case that your primary executor declines to perform the required duties.

• 7

  Designate a guardian for your minor children, in the case that both you and your spouse die. The guardian will be legally required to care for your children, assuming that he accepts guardianship at the time of your death. You should consult with the prospective guardian in advance before making this designation. You should also provide an alternate guardian in the case that the primary designee declines guardianship.

• 8

  Indicate the beneficiary or beneficiaries who will receive your assets if you or your spouse dies. In most states a spouse is legally entitled to their spouse's assets upon death, regardless of what is specified in the will. You should also indicate the division of assets that will occur if both you and your spouse die, and you should indicate a beneficiary that will receive your family's assets in the case that the entire family dies.

• 9

  Indicate if there are any particular assets that should be bequeathed to a specific individual or entity.

• 10

  Specify your funerary wishes. Indicate whether you and other family members would prefer a funeral, cremation or other ritual.

• 11

  Sign and date the will in front of two witnesses that are not named as beneficiaries in the will. Have all members of your family whom the will covers do the same. Record the place of signing.

• 12

  Have your two witnesses sign a declaration at the end of the will indicating that they witnessed your signature of their own volition, that they are sound of mind and that they consider you to be sound of mind. Record the date and place of signing.