- 1). Review the requirements for writing a will to make sure you are in compliance. You must be 18 years of age or older and of sound judgment and mental capacity.
- 2). Choose an executor. The executor is the person responsible for carrying out the terms of the will after your death. In many states, you must designate the executor in a separate notarized affidavit. The executor cannot be a convicted felon and must be over 18 years old. The executor inventories property, appraises assets, distributes assets, pays taxes and settles debts. Because of all the responsibilities associated with being executor, ask the person you choose for permission to make them executor before assigning them to that duty.
- 3). Include a statement the document is your will. In many states, without a clear statement that the document is yours, it is not valid as a will.
- 4). Inventory your assets. List the assets in your will and name the individual or individuals who will receive each item. Assets are all things of material value. Examples of assets include your home, vehicle, furniture and other personal property. Assets also include any cash and investment accounts with a positive balance.
- 5). Calculate your debt. Debts can include anything you owe to another party. Examples of debt include credit card debt, loans and mortgages. Also list these items in your will. Your executor will be responsible for settling your debts using your assets after your death.
- 6). Decide to whom you will leave your property and assets. Write this information in your will document. Spouses must make separate wills. Jointly owned property goes to the surviving co-owner. Life insurance with specified beneficiaries and retirement accounts usually do not need to be included in the will.
- 7). Designate guardians for your minor children in the event that both parents pass away. Because this is a big responsibility, discuss this choice with the individuals you choose to make sure it is acceptable to them.
- 8). Get two witnesses. Most states require a minimum of two witnesses to the signing of your will. Preferably, these witnesses will not be beneficiaries in the will. You all need to sign the will in each other's presence.
- 9). Make multiple copies of the will and make sure the executor knows how to locate the will and has access to it.
- 10
Review your will regularly to update it with any changes of circumstance that affect your will.
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