Making a will that will accomplish what you want it to isn't nearly as complicated as many people fear. There are just a few simple rules; follow them and your wishes will be carried out.

Age

To make a will, you must either be at least 18, or an "emancipated" minor.

Mental State

You must be of "sound mind" to make a valid will. It's not a rigorous requirement. The standard interpretations require that you:

In reality, a person must be pretty far gone before a court will rule that she lacked the capacity to make a valid will. For example, forgetfulness or even the inability to recognize friends doesn't, by itself, establish incapacity. Also, it's important to remember that in the vast majority of cases, there's no need to prove mental state to a court. It's presumed that the will writer was of sound mind, and the issue will never arise unless someone challenges this in a court proceeding -- which is very rare.

A will can also be declared invalid if a court determines that it was procured by fraud or "undue influence." This usually involves some evil-doer manipulating a person of unsound mind to leave all, or most, of his property to the manipulator. Will contests based on these grounds are also quite rare.

If you suspect that someone might challenge your will on the basis of your mental competence or undue influence, be sure to see a lawyer. For example, if you plan to leave the bulk of your property to someone whom your close family members mistrust, work with a lawyer to minimize the possibility of a lawsuit and to maximize the chances your wishes will prevail if there is a suit.

What Your Will Must Look Like

You won't be around to vouch for your will's validity when it takes effect. Because of this stark truth, every state has laws designed to make sure that nobody can pass off a phony document as your will after your death. Most states' rules (except Louisiana's) are very similar, and they are less onerous than many people imagine.

• The document must expressly state that it's your will.
• The will must have at least one substantive provision. A clause that leaves some, or all, of your property to someone is the most common substantive provision. However, a will that only appoints a personal guardian for your minor children and doesn't dispose of any property is also perfectly valid.
• The will must appoint an executor. This person (called a "personal representative" in some states) is responsible for supervising the distribution of your property after your death and seeing that your debts and taxes are paid. Nevertheless, in most states, even if you fail to name an executor in an otherwise valid will, a court will appoint one and then enforce the will.

Witnesses

You must date and sign the will in the presence of at least two witnesses (three are required in Vermont). In most states, your witnesses cannot be named to receive property in your will. The witnesses watch you sign your will, and then sign it themselves.

In about half the states, certain unwitnessed wills may be valid. But they must be entirely in your handwriting and signed by you; in some states they must also be dated. Usually, there's no reason to make such a will, called a "holographic" will; it's more complicated to prove them valid in probate after death, and the will is more easily challenged because no witnesses watched you sign.

Notarization

Contrary to what many people believe, wills don't have to be notarized to be valid. However, in most states you may want your witnesses to sign a short document called a "self-proving" affidavit (a sworn statement) before a notary public. Doing so makes the probate process easier: Your witnesses won't have to come to court after your death to swear that the will is valid.

Then What?

A will doesn't need to be filed with any court or government agency. It does, however, need to be kept in a place that your executor can find easily when the time comes.

If You Move

Generally, a will is valid in any state where you die, if it was valid under the laws of the state (or country) where you were "domiciled" when the will was made. Your domicile is the state where you have your principal home and where you spend most of your time, as opposed, say, to a summer home. You can have only one domicile at a time.

If you move to another state after signing your will, you should review your will in light of the new state's laws, especially property ownership laws that apply to married couples. Fortunately, you'll probably determine that your original will remains valid.