How to Make a Last Will Online (Step‑by‑Step + Checklist)

October 28, 2025

A properly prepared last will and testament is the backbone of most U.S. estate plans, and for many people the fastest way to get there is to make a will online—so long as you follow your state‑specific will rules. This guide walks you through the substantive decisions lawyers focus on (beneficiary design, executors, guardians, minors’ trusts, and digital assets), then shows you how to execute the document correctly under witness requirements and, where available, a self‑proving affidavit. The goal is a will that works in probate without detours.

What your will actually controls (and what it doesn’t)

Your will governs your probate estate—property titled in your name alone without a non‑probate transfer attached. Through the will you (1) appoint an executor and alternates, (2) make specific bequests of items or dollar amounts, and (3) direct your residuary estate (the “everything else” clause). Your will does not control assets that pass by beneficiary designation—for example, a 401(k), IRA, or life insurance—nor assets already titled in a revocable living trust or held in joint tenancy with right of survivorship. Those pass outside probate. A good plan coordinates your will with beneficiary forms and any trust you use.

Why the distinction matters

Conflicts between a will and a beneficiary form don’t create a tie; the designation wins for that account. If your will leaves “all to my spouse,” but your IRA still names a former partner, the IRA goes by the designation. When you make a will online, plan to review and align your 401(k)/IRA/life‑insurance beneficiaries the same day.

Step 1: Clarify goals, people, and contingencies

Before you open any questionnaire, sketch your plan:

Primary and alternate beneficiaries. List who inherits specific items or sums and who receives the residuary estate. Always name alternates; courts dislike gaps that force partial intestacy.
Executor and alternate executor. Choose someone organized, calm under pressure, and willing to communicate with family. An executor who is also a beneficiary is common and fine.
Guardians and alternates (if applicable). If you have minor children, your will is where you nominate guardians. Consider stability, values, and geography; name at least one alternate.
Trust for minors. If minors may inherit, decide whether to hold funds in trust until certain ages (for example, discretionary support for health/education plus staged distributions at 25/30/35).
Charitable bequests. If giving to charity, verify the organization’s exact legal name and address to avoid ambiguity.

Step 2: Inventory assets and titles

List your real estate, checking/savings, brokerage accounts, retirement plans, life insurance, and any business interests. For each, note (1) current title (your name, joint, or trust), and (2) whether a TOD/POD or beneficiary designation is on file. This inventory makes drafting cleaner and helps your executor later.

Step 3: Draft the will with state‑specific logic

A quality online workflow uses lawyer‑drafted clauses and generates a document that includes:

A robust residuary clause (“everything else”) to prevent partial intestacy;
Appointment of an executor with powers to sell property, deal with creditors, settle claims, and handle tax filings;
Guardianship nominations for minor children;
A simple trust for minors if needed;
Authority for the executor to access and manage digital assets consistent with state law; and
Clear alternates for beneficiaries and fiduciaries.

Review names for consistency (e.g., Jonathan vs. Jon), verify addresses, and read the minors’ trust carefully to ensure it reflects your values on education and financial independence.

Step 4: Execute under your state’s witness requirements

Execution—not prose—is where most wills fail. In many states, a will is valid if signed by the testator in the presence of two adult witnesses who also sign. Some states accept acknowledgment (“this is my signature; this is my will”) in the witnesses’ presence. Many states permit a self‑proving affidavit, which is a short, notarized statement signed by you and the witnesses that tells the court the will was properly executed. Self‑proving status normally allows the court to admit the will without hauling in witnesses years later—a real gift to your executor.

Best practices on signing day:

Use two disinterested adult witnesses (people who aren’t inheriting).
State your intent: “This is my last will and testament.”
Sign the will; the witnesses sign immediately after.
If available, sign the self‑proving affidavit with a notary the same day.
Date the document if your format calls for it; use your regular legal signature.
Keep the signing calm, orderly, and complete—no missing initials, no strike‑through edits at the table.

Step 5: Store the original and communicate

Probate courts want the original will. Store it at home in a safe, accessible place (not a sealed bank box). Give your executor simple instructions on where the original is kept and keep a scanned copy for reference. If you update your plan later, keep the new original with the same care, and clearly revoke the prior version.

Lawyer’s notes on core choices

Executor selection and powers

Choose an executor who will respect the process and your family. Provide explicit powers to sell real estate, employ professionals, settle small claims, and manage digital property. Name an alternate executor in case your first choice cannot serve.

Guardianship and trustee roles

Parents often separate the guardian (day‑to‑day care) from the trustee (money management) to provide checks and balances. In your minors’ trust, authorize distributions for health, education, support, and maintenance, then set ages for staged principal distributions. Keep it simple and discretionary; micromanaged trusts are hard to administer.

Digital assets and passwords

Grant authority for your executor to access, manage, and close digital assets under applicable state statutes (often based on the Revised Uniform Fiduciary Access to Digital Assets Act). Keep your password list in a secure, separate place—not in the will, which can become public in probate.

Coordinating your will with a living trust (optional but powerful)

A revocable living trust can reduce court involvement by keeping titled assets out of probate. If you use a trust, sign a pour‑over will so any assets left in your name “pour over” into the trust at death. The trust only delivers probate avoidance if you fund it—record a deed to move real estate into the trust, retitle non‑retirement brokerage accounts, and align beneficiary designations for life insurance and, where appropriate, retirement accounts.

Common mistakes that derail online wills

Interested witnesses. In some states, a witness who is also a beneficiary risks losing their gift.
No residuary clause. Without it, “everything else” falls to intestacy.
No alternates. Always provide backups for beneficiaries, executors, guardians, and trustees.
Handwritten edits after signing. Use a codicil (formal amendment) or sign a new will; never mark up the original.
Mismatched beneficiary designations. Out‑of‑date forms override your will for those accounts.
Poor storage. If no one can find the original, probate gets longer and more expensive.

Updating an online will: codicil vs new will

Use a codicil for small changes (swap an executor, adjust a specific gift). Execute it with the same formalities—two witnesses and, ideally, a self‑proving affidavit. Sign a new will when the distribution plan or family structure changes (marriage, divorce, new child, major shift in beneficiaries). Each time, recheck beneficiary designations.

A concise signing checklist

Beneficiaries and alternates confirmed
Executor and alternate executor named
Guardians and alternates named (if applicable)
Minors’ trust terms selected
Digital‑asset authority included
Two adult witnesses present; self‑proving affidavit executed (if available)
Original stored at home; executor informed
401(k)/IRA/life‑insurance beneficiary designations aligned