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Wills 101 β€” what they are, what they aren't, and why you probably need one.

Most people put off writing a will because they think it's expensive and complicated. It doesn't have to be either. Here's the friendly version.

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By Patricia Lin
Attorney Β· CA bar Β· May 14, 2026

Most people put off writing a will because they think it's expensive, complicated, and morbid. It isn't any of those things. A will is one of the kindest, clearest documents you can leave for the people you love β€” and it's also a lot easier to write than most of us think.

What is a will?

A Last Will and Testament is a legal document that tells the world what should happen to your stuff, your kids, and your wishes after you're gone. It can be short, it can be long, but it has to follow the laws of the state where you live.

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Plain-English check

A will only kicks in after you die. It doesn't affect your bank account, your health, or anything you do while you're alive. For "while you're alive" decisions, you'll want a Power of Attorney.

A will is also where you name an executor β€” the person who carries out your wishes β€” and, if you have kids under 18, the guardian who would care for them. These are usually the most important decisions in the document, and the ones we encourage people to think about the longest.

What a will actually does

In a well-written will, you'll typically:

  • Name your beneficiaries β€” the people or organizations who inherit your assets.
  • Appoint an executor β€” and a backup, in case your first choice can't serve.
  • Designate a guardian for any minor children.
  • List specific gifts β€” heirlooms, money, charitable donations.
  • Address pets β€” name a caretaker and (optionally) leave funds for their care.
  • Specify funeral wishes β€” burial, cremation, no service at all.
A will doesn't make you old. A will makes you organized. There's a difference.

Why most people put it off β€” and why you shouldn't

We've talked to thousands of people about why they haven't written a will. The reasons rarely change: it feels expensive, it feels morbid, it feels overwhelming, and there's always a more urgent thing to do. We get it. We did the same thing for years.

But here's the thing: not having a will doesn't mean nothing happens. It means your state decides what happens β€” using laws that may not match your wishes, and often in ways that cost your family more money and stress than the will would have.

"The biggest mistake I see in DIY wills? Missing guardianship clauses. People focus on the money and forget the kids. We don't let that happen."
β€” David Khoury, Attorney Β· NY bar

How to actually start one

The hardest part of writing a will is starting it. Once you start, it usually takes less than half an hour. Here's a friendly path:

  1. Make a quick mental list of the people closest to you. Don't overthink it.
  2. Think about who you trust to handle your affairs β€” pick two, in case the first can't serve.
  3. If you have minor children, talk to whoever you'd name as guardian before you write it down.
  4. Use a service like ours (or hire a lawyer) β€” don't use a free PDF you found online.
  5. Sign in front of two witnesses, per your state's rules. We give you exact instructions.
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Ollie's tip

You can absolutely change your will later β€” and most people do. Don't let "I'll figure it out perfectly" be the reason you don't have one at all.

Three common mistakes

1. Using a generic online template

Free templates aren't tailored to your state's laws. A will that's valid in Texas might not be valid in California. State-specific drafting matters.

2. Forgetting to update it

A will from before your kids were born β€” or before you got divorced β€” can cause real problems. We recommend a quick check-in every two years, or after any major life event.

3. Not telling anyone where it is

A perfect will in a locked filing cabinet your family doesn't know about helps no one. Tell your executor where it lives, and consider storing a copy in a secure digital vault (like, you know, ours).

What happens after you sign

Once your will is signed and witnessed, you're done β€” for now. Store it somewhere safe, tell your executor, and revisit it every few years or after a big life change (marriage, kids, divorce, new property).

When the time comes, your executor will file the will with the local probate court and use it as the legal blueprint for handling your estate. The clearer your will, the easier their job β€” and the less stress for your family during a hard time.


That's the whole thing. A will isn't scary. It's a kindness β€” to yourself, and to the people you love. If you're ready to write yours, we'd love to help you start.

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ABOUT THE AUTHOR

Patricia Lin

Attorney Β· CA bar Β· A licensed attorney on our team, writing for people who'd rather not Google "what is probate" at 2am.

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