August may be “Make a Will Month,” but let’s be honest—your legacy deserves more than a single square on the calendar. That’s why we’re turning it into Make a Will Year. Because planning your future shouldn’t be seasonal. It should be intentional, personal, and lasting.
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Protect Your Legacy and Loved Ones With This Essential Estate Planning Guide
Contemplating our mortality can be uncomfortable—but preparing for it is an act of love, foresight, and responsibility. Creating a will isn’t just for the wealthy or elderly. It’s for anyone who wants to ease the burden on their loved ones, ensure their wishes are honored, and preserve their legacy. Thanks to modern tools and resources, drafting a will has never been more accessible, affordable, or impactful.
Whether your estate is modest or complex, writing a will puts you in control. You decide who inherits your assets, who cares for your children or pets, and how your final wishes are carried out. This guide reveals 10 essential truths that will empower you to act decisively—and with confidence.
Why Everyone Needs a Will: It’s Not Just About Money
Regardless of your income, age, or family structure, a will is one of the most important legal documents you can create. It allows you to name guardians for your children, divide assets fairly, leave meaningful gifts to charity, outline your funeral preferences, and protect your digital legacy. Without one, the court will make these decisions for you based on rigid state laws—not your intentions or relationships. A will gives you a voice when it matters most.
Truth 1: You Don’t Need to Be Rich to Need a Will
Wills aren’t just for millionaires. Most people own assets—like a vehicle, bank account, furniture, jewelry, or family heirlooms—that have both financial and sentimental value. Even if your estate is modest, a will helps ensure those items go to the people (or causes) you care about most.
Protecting Your Children’s Future
If you have minor children, a will lets you name a guardian. Without this crucial designation, the court will decide who raises your kids—possibly someone you would not have chosen or someone unprepared for the responsibility.
Ensuring Your Pets Are Cared For
Your will can also designate who will care for your beloved pets after your death. Without clear guidance, your pets could end up in a shelter, rehomed to strangers, or with someone unprepared to provide proper care.
Truth 2: Your Family Can’t Legally Enforce Verbal Wishes
No matter how close your family is or how clearly you’ve expressed your wishes, they have no legal standing to act on verbal promises alone. Only a properly executed will can direct how your estate is managed and distributed.
The Reality of Intestate Succession
If you die without a will (called dying “intestate”), the court uses your state’s default intestacy laws to divide your assets. These laws often prioritize biological relatives in a rigid hierarchy—regardless of your actual relationships, preferences, or the promises you made.
Preventing Family Conflicts
Documenting your wishes clearly can prevent costly legal battles and emotional disputes between family members. Grief can cloud judgment, and even close families can fracture over unclear inheritance issues. A will provides clarity when emotions run high.
Truth 3: Guardianship of Your Children Is Too Important to Leave to Chance
If you assume your family will automatically “step in” to care for your children, think again. Without a will, the court—not your relatives—decides who becomes their legal guardian through a potentially lengthy and traumatic process.
Understanding Court Intervention
Even if relatives volunteer enthusiastically, the court must approve a legal guardian through formal proceedings. Your preferences won’t be considered if they’re not documented in a will, and the court may choose someone based on factors you wouldn’t prioritize.
Making the Right Guardian Choice
Consider these factors when selecting a guardian:
- Values and parenting philosophy
- Geographic location and stability
- Financial capability and responsibility
- Existing relationship with your children
- Age and health considerations
- Willingness to serve as guardian
Truth 4: You Don’t Need a Lawyer to Create a Valid Will
While an estate attorney is invaluable for complex situations, many Americans can create a legally valid will on their own using reputable online tools, software, or state-specific templates.
DIY Will Options That Work
Platforms like our LegacyPlanner™, Nolo, Trust & Will, FreeWill, and LegalZoom guide users through creating wills that meet state-specific legal requirements. A basic will can often be completed in under an hour, with clear instructions for proper execution. Unlike other platforms that often push attorney upsells during the process, LegacyPlanner™ is committed to pure DIY will creation with no sales pressure. We only connect you with an attorney if you specifically request help—putting you in complete control of your estate planning journey. NOTE — If you use a DIY option, we still recommend that you review the signing process with an attorney just to ensure its validity.
When Professional Help Makes Sense
Consider consulting an estate attorney if you have:
- Assets exceeding $1 million
- A blended family with stepchildren
- Special needs dependents requiring trusts
- Business ownership interests
- Property in multiple states
- Concerns about will contests
- Complex tax planning needs
Truth 5: Making a Will Can Be Quick and Surprisingly Affordable
Technology has revolutionized the will-making process, making it simple, accessible, and budget-friendly. Many online services offer comprehensive assistance at a fraction of traditional attorney costs.
Cost-Effective Will Creation
- Basic online wills: $0-$150
- Attorney-drafted simple wills: $300-$1,000
- Complex estate plans: $1,000-$5,000+
Many services offer free basic wills, monetizing through optional add-ons like trust creation or executor tools.
Leveraging Technology Wisely
Modern will-making platforms provide:
- State-specific legal compliance
- Plain-language explanations
- Step-by-step guidance
- Digital storage options
- Easy update capabilities
- Integration with other estate planning documents
Truth 6: Most States Make Will Execution Simple
In most U.S. states, a will becomes legally valid once it’s signed by you (the testator) and witnessed by at least two competent adults who aren’t beneficiaries. The process is straightforward when you know the requirements.
Understanding Witness Requirements
Your witnesses must:
- Be at least 18 years old
- Be mentally competent
- Not be beneficiaries in your will
- Watch you sign the will
- Sign the will themselves in your presence
Some states allow interested witnesses but may limit their inheritance.
The Self-Proving Affidavit Advantage
While optional in most states, adding a notarized self-proving affidavit to your will:
- Speeds up the probate process
- Eliminates the need for witness testimony
- Reduces the chance of challenges
- Provides extra legal protection
Truth 7: Courts Are Legally Obligated to Honor Valid Wills
A properly executed will isn’t just a suggestion—it’s a legally binding document that courts must enforce. While certain rare exceptions exist (like proven fraud or undue influence), these are preventable with basic diligence.
Avoiding Common Pitfalls
Protect your will’s validity by:
- Following your state’s signing requirements exactly
- Using clear, unambiguous language
- Dating the document
- Destroying old versions
- Avoiding handwritten changes after signing
- Keeping the original in a safe place
Understanding State Variations
Each state has specific rules governing wills. Key variations include:
- Number of required witnesses (usually two, but some states require three)
- Whether holographic (handwritten) wills are accepted
- Remote witnessing allowances
- Age requirements for will creation
- Community property considerations
Truth 8: Young Adults Need Wills Too—Life Is Unpredictable
Once you turn 18, you’re a legal adult—and you should seriously consider having a will. If you own a car, have bank accounts, possess digital assets, or have strong preferences about your belongings or care, a will protects those interests.
What Young Adults Often Overlook
- Digital asset management (social media, cryptocurrency, online accounts)
- Student loan considerations
- Designation of healthcare proxies
- Funeral and burial preferences
- Charitable giving desires
- Pet care arrangements
The Reality Check
Statistics show that accidents are a leading cause of death for people aged 18-35. Having a will ensures your loved ones aren’t left navigating legal confusion during an already difficult time.
Truth 9: Your Will Should Evolve With Your Life
Your will isn’t a “set it and forget it” document. As your life changes, so should your estate plan. Experts recommend reviewing your will every 3-5 years at minimum, or whenever a major life event occurs.
Critical Update Triggers
Update your will after:
- Marriage or divorce
- Birth or adoption of children
- Death of a beneficiary or executor
- Significant changes in financial status
- Purchase or sale of major assets
- Move to a different state
- Changes in tax laws
- Diagnosis of serious illness
Keeping Your Will Current
Regular updates ensure your will:
- Reflects current relationships
- Accounts for new assets
- Addresses changed circumstances
- Remains legally compliant
- Minimizes tax implications
- Prevents confusion or contests
Truth 10: Your Debts Don’t Die With You
When you die, your estate becomes responsible for settling outstanding debts before any distribution to heirs. Understanding this process helps you plan more effectively and protect your beneficiaries’ interests.
How Debt Settlement Works
Your executor must:
- Inventory all assets and debts
- Notify creditors of your death
- Pay valid debts from estate assets
- Distribute remaining assets to beneficiaries
If debts exceed assets, state law determines payment priority.
Strategic Debt Planning
A well-crafted will can:
- Direct which assets to liquidate first
- Protect specific items for beneficiaries
- Allocate debt responsibility fairly
- Minimize the impact on survivors
- Coordinate with beneficiary designations
Take Action Today: Your Legacy Matters
Writing a will is not a morbid task—it’s a powerful act of love, responsibility, and control. Whether you’re starting with an online template or working with a professional, taking this step ensures your loved ones have clear guidance during an emotional time. It also empowers you to shape your legacy and provide for the people and causes that matter most to you.
These 10 truths are meant to inspire action—not someday, but today. The peace of mind that comes with a completed will isn’t just for you. It’s a final gift of clarity, protection, and love for everyone you leave behind.
Frequently Asked Questions
What happens if I die without a will?
Your assets are distributed according to your state’s intestacy laws, which follow a rigid formula that may not align with your wishes. This often excludes friends, unmarried partners, stepchildren, and charities you care about.
Can I write my own will without a lawyer?
Yes. Many people successfully use online templates or will-making services to draft their own wills. Just ensure it follows your state’s legal requirements for signing and witnessing.
How often should I update my will?
Review your will every 3-5 years and update it after any major life event such as marriage, divorce, births, deaths, or significant financial changes.
Is notarization required for a will to be valid?
In most states, no. Typically, you need only your signature and two witnesses. Louisiana and a few other states have special requirements. A self-proving affidavit (which is notarized) is optional but recommended.
How can I ensure my will is legally enforceable?
Follow your state’s guidelines precisely for signing and witnessing. Use reputable templates or services, keep language clear and specific, and consider having an attorney review complex estates.
What should I include in my will?
Essential elements include: executor designation, guardian nominations for minors, asset distribution instructions, debt payment preferences, pet care arrangements, and any special wishes for funeral arrangements or charitable gifts.
Can I disinherit someone in my will?
In most states, you can disinherit adult children and other relatives by specifically stating this intention. However, you typically cannot completely disinherit a spouse without their consent. State laws vary, so research your local regulations.
Where should I store my will?
Keep the original in a fireproof safe, safety deposit box, or with your attorney. Inform your executor of its location. Some states allow filing with the probate court. Avoid storing it somewhere that requires your death certificate to access.
This article provides general information about will requirements in the United States. Laws vary by state, so consult your state’s specific requirements or an attorney for guidance on your situation.
For residents of Louisiana, Alaska, Puerto Rico, or community property states, professional legal guidance is strongly encouraged.
Resources
Turn Make-a-Will Month Into a Year-Round Campaign
No one’s legacy fits into a single month. That’s why we’re turning Make-a-Will Month into a Make-a-Will Year campaign—because planning for the future isn’t seasonal. It’s thoughtful, lasting, and deeply personal.
Use the flyers below to share these 10 powerful truths with the people who matter most in your life, your community, or your organization:
Abridged Version
[DOWNLOAD]
A quick-reference one-pager featuring the 10 Powerful Truths About Making a Will — ideal for handouts, bulletin boards, email outreach, or social posts.
Longer Version
[DOWNLOAD]
A longer article with intros, explanations, and context — perfect for websites, blogs, newsletters, or outreach to family and friends.
Full-Length Version
You’re welcome to copy and paste the full article above or use either flyer exactly as-is—with optional proper attribution. Let’s make this the year to act, reflect, and protect what matters most.
Attribution (optional):
Adapted from original content by Viken Mikaelian, Founder of PlannedGiving.com and Philanthropy.org.
Disclaimer:
This article provides general information about will requirements in the United States. Laws vary by state, so consult your state’s specific requirements or an attorney for guidance on your situation.
For residents of Louisiana, Alaska, Puerto Rico, or community property states, professional legal guidance is strongly encouraged.
