Complete Will Preparation Checklist for 2026

Most people know they need a will. Only 24% of Americans actually have one, and the reason usually comes down to not knowing where to start.

A will preparation checklist breaks the process into clear steps: inventorying assets, choosing an executor, naming beneficiaries and guardians, gathering documents, and understanding how to sign and store everything properly.

What is a will and why do you need one?

A last will and testament is a legal document that names who receives your assets, appoints an executor to settle your estate, and designates guardians for minor children. Without one, your state's intestacy laws make all of those decisions for you.

Your step-by-step will preparation checklist

1. Inventory your assets and debts

Start by listing everything you own and owe:

• Real estate: Homes, land, rental properties

• Financial accounts: Checking, savings, investments

• Personal property: Vehicles, jewelry, art, collectibles

• Debts: Mortgages, car loans, student loans, credit cards

2. Include your digital assets

It's important to think about your digital assets, including cryptocurrency, online banking credentials, social media accounts, cloud-stored photos, and subscription services. Don't list passwords directly in your will—wills become public record during probate.

3. Gather documents needed for will preparation

Think about what you own and what documentation is associated with the assets. This includes financial records, property documents, insurance policies, and debt documentation.

4. Choose your executor

Your executor is the person who handles everything after you're gone. Most people choose a spouse, adult child, or close friend. It's good practice to name a backup executor as well.

5. Name your beneficiaries

Be specific with names. If you have a Senior and Junior suffix in the family, make sure it's clear which one we're talking about. Middle names or initials help too.

6. Nominate guardians for minor children

For parents, this is often the most important decision. It's helpful also to talk to potential guardians before naming them. It's also good to name an alternate as well.

7. Record your final wishes

Funeral preferences, burial versus cremation, memorial service instructions. If you have specific wishes, make sure those are known.

Other estate planning documents you may need

A will is one piece of a complete estate plan.

Revocable living trust

A revocable living trust holds assets during your lifetime and transfers them after death, often without going through probate, which typically costs 3–8% of an estate's value. Probate is the court process that validates a will. A trust is optional but worth considering for larger estates. Herbie helps you create both in one platform.

Financial power of attorney

This document authorizes someone to manage your finances if you become incapacitated.

Healthcare directive and living will

These forms provide instructions for medical care if you can't communicate and decisions about end-of-life care.

Beneficiary designation forms

Retirement accounts, life insurance, and some bank accounts pass directly to named beneficiaries regardless of what your will says.

How to sign and execute your will

Most states require two witnesses who watch you sign. Witnesses generally should not be beneficiaries. When you make a will with Herbie, you'll receive signing instructions.

Where to store your will safely

A will that can't be found is as bad as no will at all. Tell your executor where to find the original—according to one study, only 46% of executors were even aware a will existed. Herbie offers secure cloud-based document storage, which includes the ability to identify where an original will is stored.

When to update your last will

Life changes, and your will can keep up:

• Marriage or divorce

• Birth or adoption of a child

• Major changes to your assets

• Moving to a new state

• Death of an executor or beneficiary

Common will mistakes to avoid

A few common errors invalidate wills or cause family conflict: forgetting beneficiary designations, improper signing, overlooking digital assets, not naming a backup executor, and failing to communicate your plan.

Start your will checklist today

Get started for free with Herbie's estate planning platform to create your will in minutes.

FAQs about making a will

What happens if I die without a will?

Your state's intestacy laws decide who gets your assets, which may not match your wishes at all.

Can I write my own will without a notary?

While most states don't require notarization for a will to be valid, a notarized self-proving affidavit can simplify probate. Herbie wills include state-specific notarization provisions. Not all states permit hand-written (also known as "holographic") wills.

How long does it take to create a will?

With documents gathered and decisions made, creating a basic will can take less than an hour using an online platform, including with Herbie.

How do I choose the right executor for my will?

Select someone trustworthy, organized, and willing to serve. Most people think of their spouse, children, siblings, parents or other close family members or friends.