A well-drafted will is clear, complete, and leaves no important decisions to chance. Knowing what to include — and what's commonly forgotten — helps you create a document that actually does its job when the time comes.
1. Identification Information
Start with your full legal name, current address, and a declaration that this is your last will and testament. Include a statement that you are of sound mind and are revoking any prior wills. This boilerplate language is standard and important for legal validity.
2. Your Assets and How to Distribute Them
List the assets you own and specify who should receive each one. This can be done generally ("my estate, divided equally among my children") or specifically ("my 1967 Mustang to my nephew Thomas").
Common asset categories to address:
- Real estate (primary home, vacation property, rental properties)
- Bank accounts
- Investment accounts
- Retirement accounts (though note: these pass via beneficiary designations, not your will)
- Vehicles
- Business interests
- Personal property (jewelry, art, furniture, collections)
- Digital assets (note that passwords and account access may need separate documentation)
Creating an assets inventory before drafting your will helps ensure nothing is overlooked.
3. Named Beneficiaries
For each asset or asset category, name a primary beneficiary and, where possible, a contingent (backup) beneficiary. What happens if your primary beneficiary dies before you? Without a contingent beneficiary, that portion of your estate may go through intestate succession or be divided according to default rules.
4. Specific Bequests
Beyond the main distribution, you may want to make specific bequests — giving particular items to particular people. A piece of jewelry to a grandchild. A book collection to a friend. A donation to a charity. These can be named directly in your will or in a separate personal property memorandum (a signed document attached to your will that can be updated without a full will amendment).
5. Your Executor
Name an executor (or "personal representative") who will manage your estate during the probate process. This includes filing the will, notifying creditors, paying debts, and distributing assets to beneficiaries. Name a backup in case your first choice cannot serve. Read our guide on how to choose an executor.
6. A Guardian for Minor Children
If you have children under 18, naming a guardian is arguably the most important part of your will. The guardian is the person who will raise your children if both parents die or become permanently incapacitated. Name both a primary guardian and an alternate. See our detailed guide to naming a guardian.
7. Instructions for Pets
Pets cannot legally inherit property, but you can specify who should care for them and leave that person funds to cover pet expenses. Some states also allow the creation of a pet trust for this purpose.
8. Debts and Expenses
Your will doesn't need to list every debt — your executor is responsible for paying valid debts from your estate before distributing assets. But you can include instructions about how debts should be handled, particularly if you have co-signed loans or want a specific account used to pay final expenses.
9. Funeral Instructions (with a Caveat)
You can reference your funeral wishes in your will — but because wills are often read days after death, this isn't the most reliable place for time-sensitive funeral instructions. Better to leave a separate funeral instructions document with a family member or your executor.
What Your Will Cannot Do
Some things fall outside the scope of a will:
- Assets with named beneficiaries (retirement accounts, life insurance) — these pass directly and override your will
- Assets held in joint tenancy — these pass to the surviving owner
- Assets already held in a trust
For a broader view of estate planning, see our complete guide to wills and estate planning.