Planning ahead · 8 minute read

Why Writing a Will Matters (and How to Actually Get It Signed)

Most people know they should have a will. Far fewer have one that would actually hold up — or even a will at all.

Updated September 20, 2026

What happens if you don't have one

If you die without a will, it is called dying “intestate,” and state law decides who gets what — not you. Every state has its own formula, and it may not match what you would actually want. Unmarried partners can receive nothing under these rules, blended families can end up in disputes, and an estranged relative may inherit by default.

Without a will, you also do not get a say in who raises minor children if something happens to you, and there is no one named to carry out your wishes. A court appoints someone instead.

What a will actually does

• Names who gets what, down to a specific keepsake if that matters to you
• Names your executor, the person who carries out your wishes
• Names a guardian for minor children
• Can name someone to manage digital accounts and online life
• Gives family a clear, documented answer instead of guesswork

Signing it — what actually makes it valid

A will is not valid just because you wrote it down and meant every word. Most states require it to be signed a specific way.

Typically, you sign in the presence of witnesses — most states require two — who then sign too, confirming they watched you sign and that you appeared to understand what you were doing. Witnesses usually need to be adults and, in many states, should not be someone who inherits under the will.

Notarizing is not always required, but people often add a self-proving affidavit. This notarized statement can make things smoother for an executor later. A few states recognize a handwritten will without witnesses, but that is generally a fallback, not a first choice.

Details vary meaningfully by state: the number of witnesses, who may witness, notarization, and whether a handwritten will counts. Check the requirements where you live or ask an estate planning attorney before signing.

A simple path to follow

1. Decide who gets what, your executor, and a guardian if needed
2. Write it down clearly
3. Check your state's witnessing requirements or ask an attorney
4. Sign in front of the right number of witnesses, together
5. Have witnesses sign too
6. Consider a self-proving affidavit
7. Store the original safely and tell your executor where it is
8. Revisit it after major life changes