We won’t make you go searching for the answer: Yes! You can write your own will.
Your will is one of several estate planning documents you should have to make settling your estate after your death more efficient for your family. While you can write your own will, it’s important to understand a couple of legal ins and outs and specifications about writing your will. A will is a legally binding document about what you want to happen to your possessions and property after death and should be part of your estate planning process. As such, it must meet certain legal requirements to be valid.
If your will doesn’t meet these legal specifications, it will not be considered a legally valid will. An estate with an invalid will must go through the probate process, which can be a long and arduous process for grieving family members.
As for notarization, you can have your will notarized if you want. Notarization is required only in the state of Louisiana. In any other state, getting your will notarized is not necessary.
So yes, you can write your own will. It’s important to be careful and intentional when writing your will to ensure you cover all the necessary legal bases.
What you need to know about writing your own will
You can legally write your own will without a lawyer in all 50 states, as long as you meet your state's requirements for validity. Most states require you to be at least 18 years old, of sound mind, and have two witnesses sign the document. While DIY wills can save money, they require careful attention to detail to ensure enforceability.
What are the requirements to write a will?
For your will to be valid and legally enforceable, it must include specific statements and elements. Without the necessary elements, your will won’t be valid, and your property will go through the probate process. This can be stressful and confusing for your family and cause delays in the distribution of the inheritance.
While the requirements vary by state, wills must generally include the following components.
- A title stating "Last Will and Testament": This clearly identifies the document as your will and signals to your executor that this is your most current version.
- Your full legal name and address: This information allows your family to know whose estate is being settled and to identify you.
- Statement of sound mind and no duress: This declaration confirms you have the mental capacity to make decisions about your estate and that no one pressured or threatened you regarding its contents.
- Full, legal name of the executor: The executor of your estate is the person in charge of taking action on your will and distributing your property as assigned after your passing. It's important to name an executor so that it's clear who you want to handle your estate.
- Full, legal name of guardian: If you have dependent children, your will should include the name of the person who would take care of your children in the event of your death.
- List of beneficiaries: Your beneficiaries would be anyone who inherits your property or assets. You'll need the full, legal name for any beneficiaries included in your will.
- Designation of assets: This is a list of all your assets and property, and to whom they will go upon your death. Be sure to include descriptions so there's no confusion as to your intentions.
- Valid signature in front of witnesses: To seal the validity of this legal document, it must have your signature and be dated. Most states require you to sign in front of two witnesses. Some states may require your witnesses to be unrelated to you. State laws vary, so be sure to check your state's laws.
- Witness signatures: Once you've signed in front of witnesses, you'll have at least two witnesses sign and date the document. These witnesses may be called to testify to your mental capacity and the validity of your signature if your will is disputed in court.
We can help cover the essentials, plus healthcare and financial documents that go beyond naming beneficiaries.
Validity and notarization of legal documents
Beyond including all required elements, one of the easiest ways to add authenticity to your will is to have it notarized.
While notarization is only required in Louisiana, getting your will notarized can provide a layer of legal protection and authenticity and help avoid legal challenges. When your will is notarized, it is called a self-proving affidavit.
Witnesses vs. notarization: Understanding the difference
Many people confuse witness requirements with notarization, but they serve different purposes. Witnesses are required in most states for your will to be legally valid—they attest that you signed the document willingly and appeared to be of sound mind at the time. Without proper witnesses, your will may be completely invalid, regardless of whether it's notarized.
Notarization, on the other hand, creates a self-proving affidavit that streamlines the probate process. It doesn't replace the need for witnesses in most states. A notarized will simply means your witnesses won't need to appear in court to testify about the signing—the notary's seal serves as verification. Think of it this way: witnesses make your will valid, while notarization makes it easier to prove that validity.
A common and costly mistake is assuming that notarization alone makes a will legally binding. In 49 states, you need witnesses first, and notarization is an optional but recommended extra step. The simple rule: get your witnesses (required), then consider notarization for added protection (recommended).
Online will creation and remote notarization
You can create your will using online tools, and in many cases, you can even get it notarized remotely without leaving home. Online will creation services guide you through the process with templates and questionnaires to help ensure you include all required elements. These digital tools can be valid if the final document meets your state's requirements, though free versions may lack customization options for more complex estates.
Remote online notarization (RON) allows you to complete the notarization process via video conference with a commissioned notary. More than 40 states now permanently allow RON, a practice that expanded significantly during the COVID-19 pandemic. The process works similarly to in-person notarization: you'll verify your identity, sign documents while on video, and receive the same self-proving affidavit you'd get from an in-person appointment.
One important distinction: while you can draft your will digitally, most states still require you to print and sign it with a "wet" signature (pen on paper). Only a handful of states currently recognize fully electronic wills with digital signatures. If you're considering online options, verify your state's specific requirements for both will execution and remote notarization before proceeding.
If you want to get your will notarized, the process is quite simple:
- Find a local notary and make an appointment. You can search for a local notary on the National Notary Association or visit your local bank. The UPS Store also provides notary services.
- Bring your will and two witnesses. You’ll need to bring your completed will and two witnesses to your notary appointment.
- Sign your will and receive notarization. The notary will watch you and your two witnesses sign your will. They may ask a few questions, then sign and notarize the will.
- Pay for notarization: Some notaries charge a small fee, between $5 and $15 per document, for their services.
Having your will notarized adds a self-proving affidavit, which eliminates doubt about the validity of the signatures. This means witnesses won't need to testify in court that you signed willingly and of sound mind, which can speed up or eliminate the probate process.
In short, notarization is a helpful safeguard but not a legal requirement outside of Louisiana.
What are the state-specific will requirements?
While the basic requirements for a valid will are similar across the country, each state has its own specific rules that can affect whether your DIY will holds up in court. Understanding these differences is essential if you're writing your own will, since a will that's valid in one state might not meet the requirements in another.
Here are some key areas where state laws commonly differ.
- Witness requirements: Most states require two witnesses, but some have additional rules. Vermont requires three witnesses. Several states, including California and Texas, require witnesses to be "disinterested," meaning they can't be beneficiaries of the will.
- Holographic (handwritten) wills: Approximately 25–30 states recognize handwritten wills, but the requirements vary by state. Texas and California accept holographic wills if the material provisions are in the testator's handwriting. States like New York and Florida do not recognize them.
- Notarization rules: Louisiana is the only state that requires a will to be notarized to be valid. However, most states allow notarized self-proving affidavits, which simplify the probate process.
- Age requirements: While 18 is the standard minimum age in most states, some states allow younger individuals to create wills under certain circumstances, such as being married or serving in the military.
A few state-specific examples illustrate these differences. In Texas, a handwritten will is valid without witnesses if it's entirely in your handwriting and signed by you, but a typed will requires two witnesses who are at least 14 years old. Florida has stricter requirements: it doesn't recognize holographic wills, requires two witnesses who must sign in each other's presence, and requires that the testator sign at the end of the will. California accepts holographic wills without witnesses but requires that the signature and material provisions be in your handwriting. New York requires two witnesses and that you declare to them that the document is your will before they sign.
Because state laws change and nuances matter, you should always verify the current requirements in your state before finalizing your will. Your state's bar association or secretary of state website can provide up-to-date information. If you've moved recently or own property in multiple states, pay special attention to how each state's laws might affect your estate plan.
What are the potential pitfalls of writing your own will
Your will is a legal document. As such, it must meet certain legal requirements to be considered a valid, enforceable will. If the document is contested and doesn’t meet these requirements, your estate will go through the probate process as if you had no will. This can be a long, arduous process.
The potential pitfalls of writing your own will include:
- Missing legal requirements. Forgetting elements like witness signatures or the "sound mind" declaration can invalidate your entire will.
- Unclear language. Vague descriptions like "my jewelry" without specifying which pieces belong to whom can lead to disputes among heirs.
- Incomplete asset lists. Failing to account for all property—including digital assets, retirement accounts, and real estate—can leave items subject to distribution through probate.
Common mistakes that invalidate wills
Beyond the basics, certain errors are especially likely to cause your will to be contested or thrown out entirely. Knowing these pitfalls can help you avoid them:
- Using beneficiaries as witnesses. In many states, if a witness is also named as a beneficiary, that person may lose their inheritance, or the entire will could be challenged. Always use disinterested witnesses who have nothing to gain from your estate.
- Failing to revoke prior wills explicitly. If you create a new will but don't clearly state that it revokes all prior versions, conflicting documents can lead to confusion and legal battles. Include a statement like "I hereby revoke all prior wills and codicils."
- Making handwritten changes to a typed will. Crossing out sections, writing in margins, or adding handwritten notes to a typed will can invalidate those changes—or the entire document. If you need to make changes, execute a formal codicil or create a new will.
- Not accounting for your residuary estate. Your residuary estate includes everything not specifically mentioned in your will. Failing to name a beneficiary for these remaining assets means they'll go through probate according to state intestacy laws.
- Storing your will in an inaccessible location. A will locked in a safe deposit box that your executor can't access creates significant delays. Keep your original in a fireproof safe at home and tell your executor where to find it.
- Ambiguous beneficiary designations. Naming "my children" without specifying whether that includes stepchildren or adopted children can lead to disputes. Use full legal names and clarify relationships.
- Lacking documentation of mental capacity. If there's any reason someone might challenge your mental state, consider having a physician's letter confirming your capacity on the date you sign your will.
The biggest mistake with wills? Not having one at all—or having one that's so flawed it might as well not exist. Taking time to avoid these common errors ensures your wishes are actually carried out.
If your estate is especially large, complicated, or valuable, it might be in your best interest to hire an estate planning attorney to help you write your will. And, if you’re at all concerned about being able to write your own will, you can hire an experienced estate planning attorney to help write or review your will and ensure its validity.
Will notarization FAQs
Do you need a lawyer to make a legally valid will?
No, you don’t need a lawyer to make a will. You can write your own will. If you do write your own will, it’s important to ensure you include all of the elements necessary for it to be legally enforceable. If that feels overwhelming, it may be helpful to hire an estate planning attorney.
What is a self-proving affidavit?
A self-proving affidavit is a notarized document that is included as part of your will. This document shows that you and your witnesses signed your will before a notary. A self-proving affidavit can lend itself to proving that your will was signed by you willingly and of sound mind.
Can I write my will by hand?
In some states, a handwritten will—called a holographic will—is legally valid. Approximately 25–30 states recognize holographic wills, including Texas, California, Arizona, and Virginia. However, states like Florida, New York, and Ohio do not accept them, so your handwritten will would be invalid in those states.
Holographic wills have unique requirements that differ from typed wills. In states that recognize them, the material provisions (the parts describing who gets what) must be in your own handwriting, and you must sign the document. Some states don't require witnesses for holographic wills if the entire document is handwritten, while others still require witness signatures.
Despite their convenience, holographic wills carry higher risks. They're contested more frequently than typed, witnessed wills because handwriting can be difficult to authenticate, and informal language often leads to disputes about your intentions. A handwritten will might make sense in an emergency when you can't access other resources, but for long-term estate planning, a typed will with proper witnesses and notarization offers much stronger protection.
If your will is considered invalid, your estate will be required to go through probate court, which can be a long, stressful process for your family.
What happens if my will isn’t legally valid?
If your will is contested and considered invalid, your estate will go through probate. The probate court will decide how your assets and property are distributed to heirs based on state law.
Where can I get my will notarized?
You can find a notary through the National Notary Association, your state's Secretary of State website, local banks, or The UPS Store. Mobile notaries can come to you, and some states allow digital notarization.
How much does it cost to get something notarized?
Notary services vary in cost. Some notaries don’t charge, but you can typically expect to pay between $5 and $15 per document you need notarized. If you use a mobile notary who travels to you, you may pay a slightly higher fee.
How often should I update my will?
Review your will every 3 to 5 years, or after major life events such as marriage, divorce, the birth of children, significant changes in assets, or the death of a beneficiary or executor.
Page Grossman contributed to this article.
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