Making a Will Without a Lawyer: What to Know

You can make a will without a lawyer, but there are things you'll need to know if you're going to DIY your will.

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You are not required to hire a lawyer to make a will. State laws vary, but typically a person can write their own will if they’re at least 18 years old and of sound mind. The will must detail who gets what, and at least two witnesses should sign it.

What are the most important things to put in a will?

It’s perfectly legal to make a will without a lawyer, but doing it yourself comes with some risks .
Laws vary from state to state, but your will typically must meet these basic requirements to be valid :
  • You must be at least 18 years old.
  • You must be of sound mind.
  • The will must detail your final intent regarding what property you’re passing on and who should receive it.
  • The will must be signed by at least two witnesses. Although some states allow a witness to be one of your beneficiaries, it’s usually wise to choose disinterested parties as witnesses. Handwritten wills typically don’t need any witnesses .

How to make a will without a lawyer

There are two general options if you’d like to make a will without hiring a lawyer:
  • Online will makers. These products provide kits and templates for various wills, trusts, powers of attorney, advance directives and other estate planning tools. Some provide access to live attorneys. Online will makers typically only offer options for simple wills and probably aren’t a good choice for large or complex estates.
  • Write it yourself. A handwritten will is known as a holographic will. It’s typically the least expensive option. This type of will isn’t legal in all states, however. If a holographic will is an option in your state, be sure your will meets all your state’s requirements, or it may not hold up in probate court after you die . For this reason, holographic wills aren’t generally recommended.

How much does it cost to make a will?

A do-it-yourself will can cost you nothing if you hand write it. A DIY will through an online service typically costs from $0 to a few hundred dollars.
Hiring an estate planning attorney to draft your will might run a few hundred dollars or even more than $1,000. Your cost depends on, among other things, your estate’s complexity.

8 common mistakes in DIY wills

Taking a DIY approach can be effective for simple wills, but some common mistakes could delay probate, invalidate your will or render it ineffective at having your wishes carried out accurately.
  1. Forgetting to sign or properly witness your will. An invalid will could result in a probate court distributing your assets to the wrong people.
  2. Failing to remove standard template language that doesn’t apply to you. This can create contradictions or ambiguity in your will.
  3. Including assets you don’t own or already assigned to someone else (such as an insurance policy). This can lead to ambiguity about what you wanted your beneficiaries to receive.
  4. Failing to name an executor. This can lead to delays in the probate process, family disputes and additional expense.
  5. Naming an executor who isn’t suited to the task. Avoid executors who do not have your beneficiaries’ best interests at heart.
  6. Not understanding the tax implications of your will. This could prove expensive for your beneficiaries.
  7. Not understanding how to protect your beneficiaries properly from creditors. Creditors may seize newly inherited money or assets from beneficiaries with debt problems.
  8. Failing to review and update your will when situations change. Forgetting to update your will to include a new grandchild or exclude an adult child's now ex-spouse, for example, could create confusion and strain relationships.

When does it make sense to hire a lawyer to make your will?

You may want to hire an estate planning attorney to create your will if:
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Compare online will makers

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Company Nerdwallet
Rating
Price
(one-time)
Price
(annual)
Access to
attorney support
Ease of use
Trust & Will - Will

Trust & Will - Will

on Trust & Will's website

Will: one-time fee of $199 per individual or $299 for couples. Trust: one-time fee of $499 per individual or $599 for couples. $19 annual membership fee. Yes
Digital Assets
GoodTrust

GoodTrust

on GoodTrust's website

$149 for estate plan bundle. Promotion: NerdWallet users can save up to $10. $39 No
State-specific legal advice
LegalZoom - Last Will

LegalZoom - Last Will

on LegalZoom's website

Will: $99 for Basic, $249 for Premium with attorney assist. Trust: $399 for Basic, $549 for Premium with attorney assist. $199 per year for attorney assistance after the first year. Yes
Comprehensive services
Nolo’s Quicken WillMaker - WillMaker

Nolo’s Quicken WillMaker - WillMaker

on Nolo's website

$109 to $219 $39 per year to make changes after the first year No