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You don’t necessarily need a lawyer to create a will if you have a straightforward financial situation.
A will outlines how you would like your assets distributed after your death and names a guardian for any minor children.
You can use online templates or software to write a will yourself. In order to legalize the will, it needs to meet state requirements for signatures and witnesses.
Many people avoid estate planning because, well, it’s just not very fun to think about. But if you have assets you’d like to leave to your kids, spouse, or other relatives — or minor children that will need a guardian — the absence of a will can complicate things.  The good news is that unless you have a complex situation, like you’re planning to disinherit a spouse or child, or you have a large estate involving trusts, you probably don’t need to meet with a lawyer to create a will. If your financials are straightforward and you don’t want an advisor’s help deciding who will inherit your assets, you can find a template or use online software to draft a perfectly legitimate will. That said, to be recognized as valid, a will must meet relevant state laws . Generally, it must be clear and unambiguous, signed and dated by the will-maker, and there may be signature requirements from witnesses. You must also name an executor, who is responsible for carrying out the instructions outlined in your will. Overall, the process for how to write a simple will without a lawyer is fairly straightforward. Just be sure to check up on your state’s laws to ensure you’re creating a legal document. If you use software or an online service, guidelines will likely be provided for you. In this guide, we’ll take a closer look at how to make a will without a lawyer. What is a will and why do you need one? A will isn’t just something that rich people have, nor does it have to be a complex document — yet it’s an important one. Definition and purpose of a will A will is a legal document that specifies how someone wants to pass their assets on to heirs, as well as specifies important issues like who should take guardianship of any minor children if they do not have a current legal guardian after the will owner passes away. Without a will, these issues tend to take longer to be settled in court. Can you write a will without a lawyer? There’s no blanket requirement to involve a lawyer in writing a will. However, a lawyer generally helps you ensure that the document you’re creating meets state requirements to be considered valid, and they can often guide you through complex issues, such as if you’re trying to avoid having your spouse receive your money.  If you write a will without a lawyer online or on paper, you should still try to confirm the legal requirements in your state, such as searching for whether you need a certain number of witnesses or notarization. That said, many online services or software guide you through the requirements, without the need for a lawyer. Pros and cons of DIY wills Perhaps the main draw of writing a will without a lawyer is that it saves money. Depending on the complexity of your financial situation, working with a lawyer to write a will could cost thousands of dollars, whereas online software might run a few hundred dollars. Also, DIY wills might be more convenient in the sense that you can write one at any time rather than working according to the lawyer’s schedule. However, a big potential drawback is that a DIY will can be more difficult to complete than if you had the guidance of a lawyer. Also, you might have less assurance that your will is valid, and if it doesn’t hold up as a legal document, that undermines your ability to have your estate handled the way you want. Situations where a lawyer may still be necessary Sometimes a lawyer is still necessary to help write a will, even though it’s not legally required. For example, if you have complex issues like children from multiple marriages, then it can get complicated as to who has a rightful claim to what. A lawyer can help draw up your will in a way that meets any requirements while trying to stick to your wishes. Also, a lawyer can be advantageous such as if you have a business, as they can help ensure that your will is written so that business ownership transfers according to your wishes after you pass away. Step-by-step guide to writing a will without a lawyer To write a will without a lawyer, consider the following steps: Step 1: Identify your assets, beneficiaries, and key wishes In order to leave property to your heirs, you need to know what you have. Make a list of all your significant assets , such as real estate, jewelry, artwork, cars, and bank accounts that don’t name a beneficiary. Be as clear as possible about who should receive which assets and be specific in describing the assets. Use full names and also consider including a secondary beneficiary in the event you outlive the first. For example, instead of writing “my home goes to my son,” write down the full address and his full, legal name. If you own real estate with another person, you may not need to name a beneficiary, as your share of the property will automatically pass to the joint owner or your spouse at your death if there are survivorship rights or if it’s community property (check your state’s rules to be sure). You generally don’t need to write out who is going to receive life insurance proceeds and retirement accounts in your will either, as those require beneficiaries to be named within the account. Additionally, if you have a bank or investment account with a transfer-on-death (TOD) or payable-on-death (POD) provision, you’re able to name the beneficiaries directly in those accounts. Still, you might put this information in your will to avoid heirs being unaware these accounts exist. Also, if you have minor children, you should list out their full names and birthdates in your will. Then name the person who will assume legal responsibility for each of them in the event of both your and their other parent’s death. It’s wise to choose an alternate guardian too, in case you outlive your first choice and don’t update your will. And while it’s illegal in many states to name your pet as a beneficiary, you’ll probably want to make a plan for their care after your death. You can name a guardian of sorts for your pet and leave money to that person to cover future costs. Consider naming a “residuary beneficiary” too, who, after the executor is finished distributing the assets and paying bills, debts, and taxes, will receive what’s left over in your estate, if anything. This person — or charity — can be a beneficiary who already received a piece of property; it does not need to be someone new. You also might include information such as your funeral preferences and other last wishes. However, many estate planning experts recommend creating an altogether separate document that lists these preferences, such as whether you’d like to be cremated or buried.  Step 2: Select an executor Naming an executor for your will is crucial. This is the person who will distribute the property, pay any remaining bills and debts, and handle probate (transferring the titling of assets). You can name more than one person as an executor. Step 3: Draft the will using a template or online tool While about half of U.S. states recognize handwritten — also called holographic — wills as valid, it’s typically best to type out a formal will on a computer for clarity. There are many online templates to choose from that can help guide you in writing your will. You can also use an online service like Fabric or LegalZoom to walk you through the process.  Note: You and your spouse may be able to create a joint will, but some prefer to have separate wills, such as if you each came into the marriage with significant assets of your own. Step 4: Ensure proper signing and witnessing of the document Even if your will is created using an online service, you generally need to print out a copy and sign it yourself, and in many states, ask two witnesses over age 18 to sign it. In some states, these witnesses cannot also be your beneficiaries. Step 5: Store the will in a safe, accessible place Keep the will in a safe place that’s accessible to your heirs, such as in your home or with a trusted relative. Make sure a beneficiary or the executor knows the location of the will and how to access it. Putting the will in a secure place like a safety deposit box might seem wise at first, but if you’re the only one with access to the box, that means your heirs can’t access your will.  Using online will-writing tools: are they effective? While you can write a will yourself, many online will writing tools and services exist. The usefulness of these can vary by provider, but for many, they make the DIY will writing process more efficient and accurate. Overview of popular online will-writing tools There are many providers. Some of the best online will-writing services are Fabric, LegalZoom, and Trust & Will. While often similar, they still differ a bit, such as in terms of their interface/user experience and cost.  Fabric, for example, provides free digital wills, as its main business is life insurance. LegalZoom and Trust & Will charge for their online offerings, but these are arguably more comprehensive products, such as by including power of attorney documents that can give control to whoever you name in the event you become incapacitated. Benefits and limitations of online will makers Using online will makers can save significant money vs. hiring a lawyer. It also can make the process faster. However, you might need an attorney to help you figure out more complex situations, such as if you have business assets and personal assets you’re trying to manage, or simply a large estate that you want more assurance will be handled the way you’d like. Common mistakes to avoid when writing a will without a lawyer While writing a will without a lawyer can often save time and money, some mistakes to avoid in a DIY will include: Failing to meet legal requirements You don’t want to violate legal requirements for your state, such as not having the will notarized, which would make it invalid. Overlooking updates to the will after major life events A lawyer might prompt you to update your will, but if you go the DIY route, you might forget to do so after major life events, like having a baby, which can affect how you want to divide your assets. When to seek legal advice for your will Figuring out when to seek legal advice for your will depends on your situation, but some common times to get a lawyer involved include when dealing with: Complex family situations  Complex family situations, such as having exes and stepchildren, can make it messy when dividing assets, as it’s not always abundantly clear who has a legal claim to what. So, a lawyer can help guide you through these situations from an estate planning perspective. Large estates If you have a large estate, the stakes are arguably higher for making sure your assets pass on as intended, so it can be worth bringing in a lawyer for this assurance. International assets or dual citizenship Having international assets or dual citizenship can also expose you to the laws of another country. So, it could help to involve a lawyer to make sure your will accounts for any other obligations. FAQs about making a will without a lawyer

Is a will valid without a lawyer?

Chevron icon
It indicates an expandable section or menu, or sometimes previous / next navigation options.

Yes, a will can be valid without a lawyer, but it still has to meet your state’s legal requirements, which could include matters such as having a certain number of witnesses and notarizing the will.

What are the main legal requirements for a DIY will?

Chevron icon
It indicates an expandable section or menu, or sometimes previous / next navigation options.

The main legal requirement for a DIY will in most states are that it needs to be in writing, signed by the testator (the person writing the will), and have an executor named. Many states also require the will to have two witnesses who are legal adults and not beneficiaries of the will.

Are online will-making tools reliable?

Chevron icon
It indicates an expandable section or menu, or sometimes previous / next navigation options.

Yes, while it depends on the tool, many online will-making tools are reliable. They can be a solid option for those with simple estates. However, more complex financial or personal situations may necessitate using a lawyer to ensure the will is legal and meets your wishes.

Can I write a will by hand, and is it legally valid?

Chevron icon
It indicates an expandable section or menu, or sometimes previous / next navigation options.

Yes, a handwritten will, also known as a holographic will, is legal in most states, but there are still typically requirements on signatures and witnesses to make the written will legally valid.

Jake Safane

Jake Safane is a freelance writer specializing in finance and sustainability. He runs a corporate sustainability blog, Carbon Neutral Copy , and his work has appeared in publications such as The Economist, CBS MoneyWatch, and the Los Angeles Times. Experience Jake has been working in financial journalism since 2011, covering areas such as banking and investing for both businesses and individuals.  His career has included a mix of in-house reporting jobs at B2B finance publications such as Global Custodian and FundFire, a role in sponsored research at The Economist, and freelance engagements with online publications, financial advisors, and fintech companies. His interest in personal finance dates back to joining his middle school stock trading club, where he learned about markets by doing simulated trading. A high school field trip to the New York Fed further cemented his fascination with the financial system and how seemingly academic concepts can make a big difference in the average person’s life. His personal interest in the environment has also carried over into finance, such as by covering ESG and impact investing. He believes that one of the top ways to solve the climate crisis is by helping both businesses and individuals realize the long-term financial benefits that sustainability can bring. In his personal life, he also enjoys playing tennis, going to the gym, and going to the beach with his family — though often just for walks along a paved path, because vacuuming sand trekked in by a toddler and dog really cuts into writing time. Expertise Jake’s areas of personal finance expertise include: Investing Banking Financial Planning Retirement Insurance Education Jake is a graduate of Boston University, where he wrote for The Daily Free Press and had a show on the school’s radio station.

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Earn up to 4.50% APY and earn a $200 bonus when you open a new Tiered Savings account with qualifying activities (offer expires 3/8/25).

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You don’t necessarily need a lawyer to create a will if you have a straightforward financial situation.
A will outlines how you would like your assets distributed after your death and names a guardian for any minor children.
You can use online templates or software to write a will yourself. In order to legalize the will, it needs to meet state requirements for signatures and witnesses.
Many people avoid estate planning because, well, it’s just not very fun to think about. But if you have assets you’d like to leave to your kids, spouse, or other relatives — or minor children that will need a guardian — the absence of a will can complicate things.  The good news is that unless you have a complex situation, like you’re planning to disinherit a spouse or child, or you have a large estate involving trusts, you probably don’t need to meet with a lawyer to create a will. If your financials are straightforward and you don’t want an advisor’s help deciding who will inherit your assets, you can find a template or use online software to draft a perfectly legitimate will. That said, to be recognized as valid, a will must meet relevant state laws . Generally, it must be clear and unambiguous, signed and dated by the will-maker, and there may be signature requirements from witnesses. You must also name an executor, who is responsible for carrying out the instructions outlined in your will. Overall, the process for how to write a simple will without a lawyer is fairly straightforward. Just be sure to check up on your state’s laws to ensure you’re creating a legal document. If you use software or an online service, guidelines will likely be provided for you. In this guide, we’ll take a closer look at how to make a will without a lawyer. What is a will and why do you need one? A will isn’t just something that rich people have, nor does it have to be a complex document — yet it’s an important one. Definition and purpose of a will A will is a legal document that specifies how someone wants to pass their assets on to heirs, as well as specifies important issues like who should take guardianship of any minor children if they do not have a current legal guardian after the will owner passes away. Without a will, these issues tend to take longer to be settled in court. Can you write a will without a lawyer? There’s no blanket requirement to involve a lawyer in writing a will. However, a lawyer generally helps you ensure that the document you’re creating meets state requirements to be considered valid, and they can often guide you through complex issues, such as if you’re trying to avoid having your spouse receive your money.  If you write a will without a lawyer online or on paper, you should still try to confirm the legal requirements in your state, such as searching for whether you need a certain number of witnesses or notarization. That said, many online services or software guide you through the requirements, without the need for a lawyer. Pros and cons of DIY wills Perhaps the main draw of writing a will without a lawyer is that it saves money. Depending on the complexity of your financial situation, working with a lawyer to write a will could cost thousands of dollars, whereas online software might run a few hundred dollars. Also, DIY wills might be more convenient in the sense that you can write one at any time rather than working according to the lawyer’s schedule. However, a big potential drawback is that a DIY will can be more difficult to complete than if you had the guidance of a lawyer. Also, you might have less assurance that your will is valid, and if it doesn’t hold up as a legal document, that undermines your ability to have your estate handled the way you want. Situations where a lawyer may still be necessary Sometimes a lawyer is still necessary to help write a will, even though it’s not legally required. For example, if you have complex issues like children from multiple marriages, then it can get complicated as to who has a rightful claim to what. A lawyer can help draw up your will in a way that meets any requirements while trying to stick to your wishes. Also, a lawyer can be advantageous such as if you have a business, as they can help ensure that your will is written so that business ownership transfers according to your wishes after you pass away. Step-by-step guide to writing a will without a lawyer To write a will without a lawyer, consider the following steps: Step 1: Identify your assets, beneficiaries, and key wishes In order to leave property to your heirs, you need to know what you have. Make a list of all your significant assets , such as real estate, jewelry, artwork, cars, and bank accounts that don’t name a beneficiary. Be as clear as possible about who should receive which assets and be specific in describing the assets. Use full names and also consider including a secondary beneficiary in the event you outlive the first. For example, instead of writing “my home goes to my son,” write down the full address and his full, legal name. If you own real estate with another person, you may not need to name a beneficiary, as your share of the property will automatically pass to the joint owner or your spouse at your death if there are survivorship rights or if it’s community property (check your state’s rules to be sure). You generally don’t need to write out who is going to receive life insurance proceeds and retirement accounts in your will either, as those require beneficiaries to be named within the account. Additionally, if you have a bank or investment account with a transfer-on-death (TOD) or payable-on-death (POD) provision, you’re able to name the beneficiaries directly in those accounts. Still, you might put this information in your will to avoid heirs being unaware these accounts exist. Also, if you have minor children, you should list out their full names and birthdates in your will. Then name the person who will assume legal responsibility for each of them in the event of both your and their other parent’s death. It’s wise to choose an alternate guardian too, in case you outlive your first choice and don’t update your will. And while it’s illegal in many states to name your pet as a beneficiary, you’ll probably want to make a plan for their care after your death. You can name a guardian of sorts for your pet and leave money to that person to cover future costs. Consider naming a “residuary beneficiary” too, who, after the executor is finished distributing the assets and paying bills, debts, and taxes, will receive what’s left over in your estate, if anything. This person — or charity — can be a beneficiary who already received a piece of property; it does not need to be someone new. You also might include information such as your funeral preferences and other last wishes. However, many estate planning experts recommend creating an altogether separate document that lists these preferences, such as whether you’d like to be cremated or buried.  Step 2: Select an executor Naming an executor for your will is crucial. This is the person who will distribute the property, pay any remaining bills and debts, and handle probate (transferring the titling of assets). You can name more than one person as an executor. Step 3: Draft the will using a template or online tool While about half of U.S. states recognize handwritten — also called holographic — wills as valid, it’s typically best to type out a formal will on a computer for clarity. There are many online templates to choose from that can help guide you in writing your will. You can also use an online service like Fabric or LegalZoom to walk you through the process.  Note: You and your spouse may be able to create a joint will, but some prefer to have separate wills, such as if you each came into the marriage with significant assets of your own. Step 4: Ensure proper signing and witnessing of the document Even if your will is created using an online service, you generally need to print out a copy and sign it yourself, and in many states, ask two witnesses over age 18 to sign it. In some states, these witnesses cannot also be your beneficiaries. Step 5: Store the will in a safe, accessible place Keep the will in a safe place that’s accessible to your heirs, such as in your home or with a trusted relative. Make sure a beneficiary or the executor knows the location of the will and how to access it. Putting the will in a secure place like a safety deposit box might seem wise at first, but if you’re the only one with access to the box, that means your heirs can’t access your will.  Using online will-writing tools: are they effective? While you can write a will yourself, many online will writing tools and services exist. The usefulness of these can vary by provider, but for many, they make the DIY will writing process more efficient and accurate. Overview of popular online will-writing tools There are many providers. Some of the best online will-writing services are Fabric, LegalZoom, and Trust & Will. While often similar, they still differ a bit, such as in terms of their interface/user experience and cost.  Fabric, for example, provides free digital wills, as its main business is life insurance. LegalZoom and Trust & Will charge for their online offerings, but these are arguably more comprehensive products, such as by including power of attorney documents that can give control to whoever you name in the event you become incapacitated. Benefits and limitations of online will makers Using online will makers can save significant money vs. hiring a lawyer. It also can make the process faster. However, you might need an attorney to help you figure out more complex situations, such as if you have business assets and personal assets you’re trying to manage, or simply a large estate that you want more assurance will be handled the way you’d like. Common mistakes to avoid when writing a will without a lawyer While writing a will without a lawyer can often save time and money, some mistakes to avoid in a DIY will include: Failing to meet legal requirements You don’t want to violate legal requirements for your state, such as not having the will notarized, which would make it invalid. Overlooking updates to the will after major life events A lawyer might prompt you to update your will, but if you go the DIY route, you might forget to do so after major life events, like having a baby, which can affect how you want to divide your assets. When to seek legal advice for your will Figuring out when to seek legal advice for your will depends on your situation, but some common times to get a lawyer involved include when dealing with: Complex family situations  Complex family situations, such as having exes and stepchildren, can make it messy when dividing assets, as it’s not always abundantly clear who has a legal claim to what. So, a lawyer can help guide you through these situations from an estate planning perspective. Large estates If you have a large estate, the stakes are arguably higher for making sure your assets pass on as intended, so it can be worth bringing in a lawyer for this assurance. International assets or dual citizenship Having international assets or dual citizenship can also expose you to the laws of another country. So, it could help to involve a lawyer to make sure your will accounts for any other obligations. FAQs about making a will without a lawyer

Is a will valid without a lawyer?

Chevron icon
It indicates an expandable section or menu, or sometimes previous / next navigation options.

Yes, a will can be valid without a lawyer, but it still has to meet your state’s legal requirements, which could include matters such as having a certain number of witnesses and notarizing the will.

What are the main legal requirements for a DIY will?

Chevron icon
It indicates an expandable section or menu, or sometimes previous / next navigation options.

The main legal requirement for a DIY will in most states are that it needs to be in writing, signed by the testator (the person writing the will), and have an executor named. Many states also require the will to have two witnesses who are legal adults and not beneficiaries of the will.

Are online will-making tools reliable?

Chevron icon
It indicates an expandable section or menu, or sometimes previous / next navigation options.

Yes, while it depends on the tool, many online will-making tools are reliable. They can be a solid option for those with simple estates. However, more complex financial or personal situations may necessitate using a lawyer to ensure the will is legal and meets your wishes.

Can I write a will by hand, and is it legally valid?

Chevron icon
It indicates an expandable section or menu, or sometimes previous / next navigation options.

Yes, a handwritten will, also known as a holographic will, is legal in most states, but there are still typically requirements on signatures and witnesses to make the written will legally valid.

Jake Safane

Jake Safane is a freelance writer specializing in finance and sustainability. He runs a corporate sustainability blog, Carbon Neutral Copy , and his work has appeared in publications such as The Economist, CBS MoneyWatch, and the Los Angeles Times. Experience Jake has been working in financial journalism since 2011, covering areas such as banking and investing for both businesses and individuals.  His career has included a mix of in-house reporting jobs at B2B finance publications such as Global Custodian and FundFire, a role in sponsored research at The Economist, and freelance engagements with online publications, financial advisors, and fintech companies. His interest in personal finance dates back to joining his middle school stock trading club, where he learned about markets by doing simulated trading. A high school field trip to the New York Fed further cemented his fascination with the financial system and how seemingly academic concepts can make a big difference in the average person’s life. His personal interest in the environment has also carried over into finance, such as by covering ESG and impact investing. He believes that one of the top ways to solve the climate crisis is by helping both businesses and individuals realize the long-term financial benefits that sustainability can bring. In his personal life, he also enjoys playing tennis, going to the gym, and going to the beach with his family — though often just for walks along a paved path, because vacuuming sand trekked in by a toddler and dog really cuts into writing time. Expertise Jake’s areas of personal finance expertise include: Investing Banking Financial Planning Retirement Insurance Education Jake is a graduate of Boston University, where he wrote for The Daily Free Press and had a show on the school’s radio station.

Read more
Read less

Top Offers From Our Partners

Barclays Tiered Savings

Earn up to 4.50% APY and earn a $200 bonus when you open a new Tiered Savings account with qualifying activities (offer expires 3/8/25).

A tooltip

To qualify for this bonus offer, you must be a new Barclays Tiered Savings customer (current and previous Barclays customers with a Savings or CD are not eligible), open an account 11/7/2024 through 3/8/2025, fund your new Tiered Savings account with at least $25,000 within the first 30 days of opening the account, and maintain the balance of at least $25,000 for 120 consecutive days. After you maintain the $25,000 balance for 120 consecutive days, the $200 bonus will be added to your account in approximately 60 days. Offer expires 3/8/2025.

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