- If you have a straightforward financial situation, you may not need a lawyer to write a will.
- A will outlines how your assets, including guardianship, are distributed after your death.
- However, it must meet state requirements for signatures and witnesses to legalize the will.
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, the absence of a will can complicate things.
The good news is that unless you have a complex financial situation— like you're planning to disinherit a spouse or child or have a large estate involving trusts — you probably don't need to meet with a lawyer to create a will. You can find a template or use online software to draft a perfectly legitimate will.
That said, a will must meet relevant state laws to be valid.
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 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. Wills address important issues like who should take guardianship of any minor children if they do not have a current legal guardian after the will owner dies. Without a will, these issues tend to take longer to settle in court.
Can you write a will without a lawyer?
In short, yes, you can write a will without a lawyer. However, a lawyer generally helps you ensure that the document you're creating meets state requirements to be considered valid and guides 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 whether you need a certain number of witnesses or notarization.
Many online willmakers and estate planning services help you meet the requirements without needing a lawyer. Some online willmakers even offer attorney and legal support.
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 because you can write one anytime 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 without the guidance of a lawyer. Also, you might have less assurance that your will is valid. 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.
If you have a business, a lawyer can help ensure that your will is written so 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
You need to know what you have in order to leave it to your heirs. Make a list of all your significant assets, such as real estate, jewelry, artwork, cars, and bank accounts that don't name a beneficiary.
You generally don't need to write out who will receive life insurance proceeds and retirement accounts in your will, 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 can name the beneficiaries directly in those accounts. Still, you might put this information in your will to make your heirs aware these accounts exist.
Step 2: Select an executor
Naming an executor for your will is crucial. This person 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. Some prefer to have separate wills depending on their situation, such as if each person came into the marriage with significant assets of their 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.
How to add beneficiaries and assets to your will
You must adhere to certain guidelines when naming beneficiaries and adding certain assets to your will.
How to name beneficiaries
Be as clear as possible about who should receive which assets, and be specific in describing the assets. Use full legal names. For example, instead of writing, "My home goes to my son," write down the full address of your home and your son's full legal name.
Also, be as clear as possible about who should receive which assets and be specific in describing them. It is best practice to include a secondary beneficiary in case the first beneficiary doesn't outlive you.
How to add real estate to your will
Suppose you own real estate with another person. In that case, 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).
If you live alone, you can specify real estate ownership to an individual(s), such as children, grandchildren, or other loved ones.
You can add real estate to a will with a transfer on death (TOD) deed, a revocable living trust, or a codicil.
How to add guardianship of minor children
If you have minor children, you should list 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.
You can designate guardianship of minor children with a guardianship designation form or affidavit. You can also fill out a temporary guardianship form that allows the appointed guardian temporary care of the minor if you are unable to act as a caregiver.
How to add guardianship of a pet
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 for your pet and leave money to that person to cover future costs.
Forms for designated pet guardianship include a pet guardianship contract, pet trust, or pet custody agreement.
How to add a residuary beneficiary
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.
How to add last wishes
You might also include information such as your funeral preferences and other last wishes. However, many estate planning experts recommend creating a separate document that lists these preferences, such as whether you'd like to be cremated or buried.
The document to add last wishes to your will is called a letter of wishes.
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. An event like having a baby, grandchild, or second marriage 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. 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?
Yes, a will can be valid without a lawyer, but it still has to meet your state's legal requirements, which could include having a certain number of witnesses and notarizing the will.
What are the main legal requirements for a DIY will?
The main legal requirements 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.
How much do most lawyers charge for a will?
Most lawyers charge a flat fee between $300 and $1,200 to write a will, depending on the will's complexity and the lawyer's experience. Some lawyers charge hourly at rates as low as $150 per hour.
Can I write a will by hand, and is it legally valid?
Yes, a handwritten will, also known as a holographic will, is legal in most states. However, there are still typically requirements on signatures and witnesses to make the written will legally valid.