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Ten Steps to Completing Your Last Will and Testament
Select the appropriate Last Will and Testament Form best suited to your circumstances from Legal Messenger archive.
Destroy all copies of old and prior wills you have previously executed.
Enter your information and delete any remaining blank lines.
Provide at least nominal gifts to all your children. If you leave nothing for them, a judge could determine at a later date that you forgot to do so, should one of them challenge your Will. Even a gift of $1 to the child you "omit" will suffice. It is not recommended that you leave a nominal gift to your spouse using this will. In general, states require that the surviving spouse receive one-third to one-half of the deceased spouse's estate. If you wish to leave less than half of your estate to your spouse, consult with an attorney.
Review and correct errors. Review your answers carefully and ensure they clearly and accurately reflect your intent.
Choose appropriate witnesses. All states require two witnesses, with the exception of Vermont. However, it is strongly recommended that you have three witnesses sign your Will in the event a witness dies or moves to another state. Your spouse or children should not serve as witnesses. Your witnesses must be at least 18 years of age and should not be a beneficiary to your Will.
Choose an appropriate executor and alternate executor. Ideally, these individuals should reside in the same state. Otherwise, it would be costly for your executor to travel back-and-forth to manage your estate. Some states require that out-of-state executors post a cash bond, even if you have waived this requirement in your will.
