You know that you need a will, but you haven’t gotten around to making one. Sound familiar? If so, you’re in good company. Most American adults don’t have a will (or any other estate planning documents) despite believing that it’s important to have them.

So what’s the holdup? For some, thinking about end-of-life issues is just too depressing or stressful. Others think they don’t have enough property to justify the expense of making a will. And most people just don’t know how to get it done.

But making a will is probably easier than you think. Here’s how.

Step 1. Understand why you need a will

While it’s true that some people can get by without making a will, that’s not most of us. You need a will if you want to:

Decide who will get your property

If you don’t document your wishes, state law will give your property to the people legally closest to you. In most cases, this means all of your property will go to your spouse, parents, or children. If you have none of those, then your property will go to your siblings, your parents’ siblings, cousins, and so on.

While these laws may sound reasonable, they can operate in unexpected ways, leaving property such as houses, cars, or land in the hands of several people at once—people who might not agree on what to do with that property.

They also don’t reflect the wishes of people who are estranged from their legal relatives, who want specific items of property to go to certain people, or who want their property to go to their ‘chosen’ family. When you make a will, you decide who gets what.

Name guardians for minor children

If you have young kids, a will is the right place to name a trusted person to take care of them. Your choice won’t override the legal rights of your children’s other parent. But if your children don’t have another legal parent, or if the other parent is unfit or unavailable, the court will likely approve any guardian you name.

Without a named guardian, the court will need to look closely into the details of your life to figure out where to send your kids. The guardian that the court chooses might or might not be the person you would have picked for the job.

Name an executor

When you die, someone has to wrap up the details of your life—pay your final bills, manage your bank accounts, cancel your subscriptions, and work with the court to distribute your property. If you don’t name an executor in your will, the probate court will decide who that person will be. When you name an executor in your will, you get to decide.

Those are the main reasons to make a will, but there are many others. For example, you can use your will to forgive debts, to decide how your debts will be paid, to explain the reasoning behind your gifts, to be clear about leaving someone nothing, or even to state your wishes for your funeral or memorial.

For most families, the grieving process is made even more difficult when a loved one dies without a will and the state has to apply a general set of laws to that family’s unique situation.

Step 2. Decide where to get your will

Once you decide to create a will, you can hire a lawyer to draft it for you or you can use self-help tools to make one yourself.

Hiring a lawyer is a sure way to get personalized advice and a will crafted to meet your specific situation. A good lawyer will take some time to learn about you and ask thoughtful questions to figure out what should go into your will. And, of course, it’s a lawyer’s job to understand your needs and the laws of your state.

However, using a lawyer is not always possible or practical. For one thing, lawyers are expensive, and although paying a professional can be well worth the cost, not everyone has the money to make that choice. Also, it can be daunting to find an experienced lawyer whom you like and trust.

Finally, getting a will from a lawyer takes time. There’s the consultation, getting the needed information about you and your life, drawing up the documents, reviewing them with you, and arranging for the signing and witnessing. If you’re going on vacation, are expecting a baby, are suddenly very sick, or just want to get it done quickly, you might not have the luxury of spending weeks or months getting your affairs in order.

Fortunately, you can make a will yourself using one of the many estate planning tools available to the public—especially if your situation and your wishes aren’t complicated.

Rest assured, no laws require that a lawyer write your will. That said, not all DIY products are of the same quality. Look for a product made by a company with a good reputation. Make sure the language is written and updated by lawyers—but it should also be easy to understand so you can be sure that your will says what you want it to say. Finally, it should provide more than just a way to enter your information into a program. The will-making product should give you lots of helpful information to help you understand how to make a will that reflects your wishes.

Most DIY products will try to “upsell” you, encouraging you to buy more documents. Just make sure you understand whether you need them.

Nolo’s Quicken WillMaker & Trust is a do-it-yourself product that may fit the bill, helping you create a customized estate plan from the comfort of your own home. This easy-to-use program prepares your will and living trust, establishes a health care directive, defines your financial power of attorney, and creates other essential documents.

To find out more, click here.

Step 3. Figure out what you need your will to cover

When you sit down to make your will—whether in front of your computer or in a lawyer’s office—you’ll need a good bit of information. It’s best to gather it ahead of time. For example, you’ll want to have:

Step 4. Create the document

After all of that prep work, creating your will may be the easy part. If you’re hiring a lawyer, keep in touch by answering the lawyer’s questions and queries promptly. Be prepared to review a few drafts before the final document is ready.

If you’re making the will yourself, try to give yourself some time and a relatively peaceful place to work on your document. You don’t have to complete it all in one sitting. If you get stuck or overwhelmed, take a break and come back to it later.

Read your will carefully to make sure it reflects your wishes and to reduce the possibility of errors.

Step 5. Sign your will and have it witnessed

To finalize your will, you’ll need to sign it and have two witnesses sign it as well. Do not use anyone you named in your will as a witness. If possible, try to get witnesses who know you and who might still be living when you die. However, any competent adult (not named in your will) will suffice in a pinch.

In most states, the witnesses must actually watch you sign. So gather your witnesses together, sign your document, and then ask your witnesses to sign.

No states require your will to be notarized. That said, many states allow you to prepare a “self-proving affidavit” that makes it easier for your executor to get your will admitted to probate court. Your attorney or your DIY will-making product should have information about making this optional affidavit.

Now that it’s done

Keep the original signed copy of your will in a safe place. A safe deposit box is not necessary and could create problems for your executor. Just make sure your executor knows where to find your will and can get to it easily if needed.

If you’d like, you can distribute copies of your signed will (emailing digital copies is fine). Or, you can choose not to share it with anyone. It’s your choice. But do consider talking to the people you named in your will about the role that they will play after you die. The period after your death will be challenging for your loved ones. It’s best not to leave any surprises for them, and they will almost certainly prefer hearing about your wishes directly from you.

Finally, cross “make a will” off your to-do list, and enjoy some peace of mind now that it’s done.

  • The full name of your spouse.
  • The full names and birthdates of your children and grandchildren.
  • The names and addresses of guardians for your minor children.
  • A fairly robust list of everything you own. You don’t need to list every dish and book (all of that can go into “household items”), but you will need to know some details about your financial accounts, businesses, life insurance policies, real estate, precious collectibles like art or jewelry, vehicles and boats, and so on.
  • A plan for who will get what. Depending on your wishes, this can be quite simple: for example, if you leave “everything” to your spouse and children. Or it can be detailed if you want to name individual beneficiaries for many specific items of property.
  • The names and addresses of the people who will receive your property.
  • The names of the people who should care for your pets.
  • Information about your digital assets.
  • The name of the person who should serve as your executor.
  • Alternates for all of the people you name in your will, in case they do not survive you.
  • A list of debts you want to forgive.
  • A plan for paying your debts and taxes.