A will is a legal document that outlines how you would like your assets to be distributed after your death. Traditionally, when writing a will, you work with an estate planning attorney who provides legal advice and helps write the document for you.
Instead of hiring an estate planning attorney, you can use last will services that provide the forms, so all you have to do is fill in the basic information requested and print out the results.
But, if you’d prefer to draft a will without an attorney, you’ll need to do some research. This do-it-yourself will, also known as a DIY will, is a last will and testament that you create online without legal counsel.
An online will is completely legal and considered a valid will, even if you didn’t receive attorney assistance when drafting it.
How do you write a will yourself?
Anybody can write their own will, but it’s more recommended for those with a fairly straightforward estate plan in mind. A complete will involves several essential components, including appointing an executor, naming guardians for your minor children, and distributing your assets and personal property. It’s critical that these components are carefully considered and clearly articulated in the document.
No matter what you decide, however, the best will is one that’s made. Every adult should have one and should update it whenever there’s a big life change, such as births, deaths, and divorces. When a person dies without a will, state law governing the distribution of the estate takes over, and the results may be a world away from what you would have desired.
Key terms and definitions
- Codicil: A codicil is a separate legal document that can modify or revoke part of, or the entire, will. Individuals who want to make minor changes to their will can use a codicil to avoid rewriting the whole document.
- Living trust: A trust created by an individual during their lifetime, typically as a revocable trust.
- Testamentary: Related to a will or other document effective at the testator's death.
- Testamentary trust: Established in a person’s will and effective only after the will is probated and the assets are distributed to the beneficiaries following the terms of the will.
To learn more about common terminology used in law and business, explore our Glossary of legal & business terms.
Make your own will: Step-by-step
Follow these steps to make a will without a lawyer.
Step 1: Select a DIY service and choose an executor
Research reputable DIY services and online will maker kits and select one that best suits your individual needs. These needs could include provisions for children, pets, or anybody else.
While researching you shouldconsider, and ultimately choose, the personal representative whom you would like to oversee your estate after your death. Your executor will help carry out all your wishes, such as ensuring your beneficiaries receive the assets you want them to have.
Step 2: Name guardians for minor children
A legal guardian is a person responsible for caring for your children until they attain the age of majority, in case you die before that. Selecting an appropriate legal guardian for your child is critical to ensuring their future well-being.
- When selecting guardians for your minor children, consider their personal qualities, their relationship with your children, and most importantly, their willingness to accept this very critical responsibility.
- Once you have identified potential guardians, it's important to have a conversation with them to confirm if they are ready to take on the role.
- Have an open and honest communication with the potential guardian about the details of the responsibilities and expectations involved. This discussion will help to gauge their preparedness for this commitment.
Step 3: List out your assets and property, including pets
Describe all your assets and property, from your financial accounts and life insurance policies to your vehicles and pets.
Pets are considered your property when required to be mentioned in a will. Appoint a custodian for your pets and discuss this with them beforehand to ensure they are willing to take on this responsibility. If they accept, include their name in your will.
Step 4: Disclose your debts
Your debts do not die with you, so your estate will be responsible for paying them after your death. Provide a list of your debts, including unpaid credit cards, student loans, and mortgages.
Step 5: Identify your beneficiaries
Your beneficiaries are those who will receive your assets and which assets each individual will receive. Beneficiaries can include friends, relatives, or charitable or nonprofit organizations. You need to name them clearly as well as list what each person should receive.
Step 6: Consider a will review
Before finalizing your will, it's helpful to have a second set of eyes review it to ensure you've checked all the necessary boxes. At LegalZoom, you can hire an attorney to review your estate planning documents after drafting them yourself or using one of our state-specific templates.
Step 7: Gather witnesses and/or a notary
Even if you use online estate planning tools, you'll still need to sign your will in accordance with your state laws. State laws determine witness requirements, so be sure to familiarize yourself with the rules. Many states require multiple witnesses and notarization, and a will that’s not properly witnessed will not be valid or usable after your death.
What are the best practices for self-written wills?
Writing a will is crucial and necessary, but it’s also easy to get wrong. There are many common mistakes, and by implementing the following best practices, you can ensure that you aren’t missing any important aspect of creating a will.
- Write in clear language: Avoid ambiguity in your instructions. Use simple language and ensure your wishes are easily understood.
- State “It's my will”: Start the will with a clear statement that the document is your "last will and testament." Add the words “at my own will” and make clear that it expresses your final wishes.
- Include all assets: Be sure to include all assets to avoid complications during the probate process. Items left out of a will may be distributed by the court according to local and state inheritance laws, which may not reflect your wishes. Including a "residual clause" can help account for any assets that may have been overlooked.
- Don’t be generic: Avoid giving generic instructions, especially about your pets. Don’t say, “My pets would go to my children.” Rather, be as precise as possible, such as “My dog Candy should be given to my youngest daughter, Erica, upon my death.”
- Select the right executor: Choose an executor whom you can trust to carry out your wishes and who is efficient enough to handle tasks related to the settlement of your estate upon your death.
- Name alternate beneficiaries and executors: It's a good practice to name alternate beneficiaries and executors. This can help mitigate issues if your first choice of beneficiaries and executor die before you.
Get a digital estate plan (if required)
A digital estate plan lists all of your digital assets, provides access information (passwords, for example) for each asset, and directs how you want each asset to be handled after your death.
Digital assets encompass online financial accounts, such as those for banking, credit cards, or other investments, as well as social media accounts, personal websites, and digital content, including photos and videos stored on our devices.
A digital estate plan enables you to appoint a digital executor who will ensure that each of your online accounts is managed according to your wishes. For example, you may want your spouse or children to have access to your online photos but not your social media accounts.
- To ensure that only specific people can access your accounts after you pass away, share your login details, including passwords and answers to security questions, in your digital estate plan. It's also essential to share your device passwords, such as your laptop or phone PIN, with those you choose to have access to your accounts.
Add a provision in your will that references your digital estate plan to ensure it doesn't get overlooked.
If your will is already finalized, you can add a codicil (a legal document that amends or supplements your will) and reference your digital estate plan there.
After you’ve written your will
Finishing your will is an important step, but it’s not the end of the estate planning process.
- Educate yourself on your state’s laws: Pay attention to and follow specific regulations of your state, such as age requirements and the required witness and notarization procedures, to ensure that your will is legally valid.
- Update the will after major life events: Major life events, like receipt of an inheritance or loss in the family, provide an excellent opportunity to update your will, though you have the flexibility to do so at any time. If you need to make adjustments, you can add a codicil that includes your signature and any necessary witness signatures required by state laws. If the changes are more extensive, you may rewrite your will entirely.
- Safe storage and sharing: There are multiple ways to store your will, but the key is to ensure that your loved ones know its location and can access it upon your death. In some jurisdictions, you may have the option to file your original will with the county's "Register of Wills" for a fee. Some people also opt to keep their will at home, with their attorney, or in a safe deposit box. For those who choose to keep their will in a safe deposit box, appoint a reliable co-signer who can gain access to the box after your death. If your original will can't be located after your death, there is a risk your wishes won't be honored.
What are holographic wills?
A holographic will is a handwritten will drafted by the testator, which must be legible and free of typed elements. It should include a statement declaring it as your will, specify heirs, and appoint an independent executor. The executor can also be an heir, and should be trustworthy.
A holographic will must adhere to some basic norms:
- The testator, or person creating the will, is required to write the document in their own handwriting.
- The testator must personally sign the will.
- The will must also clearly express the testator's intent for it to serve as their will, which can be demonstrated through the document's content or by other evidence.
Though handwritten wills don't require witnesses or notarization, having such validations can enhance the will's credibility, because ultimately, the probate court has the final say on the will’s validity.. If any disputes arise regarding the validity of the handwritten will during the probate process, a judge will determine whether it meets the requirements established by the state’s laws.
Can a handwritten note be a will?
In some states, yes, if it meets the legal requirements for a holographic will. In other states, a handwritten note alone is not enough and may not be valid. Handwritten notes can sometimes be unclear and may lead to disputes, so it's usually safer to sign a new will or use a properly executed codicil to make changes. Courts may accept handwritten changes only when state law allows them and the required formalities are met.
What are the rules for digital/online wills?
The Uniform Electronic Wills Act simplifies the creation and execution of electronic wills, granting them legal recognition in probate courts. This act mandates that electronic signatures of testators be witnessed or notarized and allows states to have provisions for remote witnessing. Additionally, it addresses the recognition of electronic wills executed in accordance with the laws of the respective states.
What are the different types of DIY wills?
There are many options for do-it-yourself wills. The following provides a comprehensive overview of creating a will using these templates.
Statutory forms
Statutory wills, created under state laws, are a free alternative for estate planning document options. They contain pre-approved language recognized by courts but often lack customization options. Follow the language of the statute precisely, only filling in the required information without making alterations. Additionally, to ensure the will is legally binding, it must be signed and witnessed by two individuals who are not beneficiaries.
Will books
Will books with good forms and clear instructions are a good option for those who aren't big on using technology but want an inexpensive option for creating a will. They usually come with downloadable forms or with forms on a CD and provide detailed instructions about how to fill out the form. These forms require some effort to complete, but instructions are provided.
Will software
There are programs that can help you create your will right on your computer or your laptop at your convenience and pace. Once you download the software, it guides you through a process with a series of questions. These questions help gather all the important details you need to create a will that genuinely reflects your wishes.
These programs offer a good level of customization, so you can tailor it to fit your requirements. As the software is stored on your computer, you can easily make changes whenever you need to or even set up additional wills later on without any extra cost. They also provide legal and practical support to help you out during the process.
Online will programs
Online will programs are gaining popularity. They work a lot like traditional will software, but instead of having to install anything on your computer, you can access them online at any time, from anywhere. When you use one of these programs, it guides you through a series of questions to help create a will that’s customized to your needs. They often offer great legal and practical support. Though the program isn’t stored on your computer, you can usually download your will or save your answers online.
The best online will-makers streamline the will-making process, making it an affordable and convenient option for those who are unable to access attorney-based estate planning services. Though seeking attorney advice to navigate more complex estate planning situations, such as managing business and personal assets or a large estate, is recommended.
What are the pros and cons of DIY wills?
Like any type of document, there are options for everybody, but not every option is right for everyone. Here are some things to consider when choosing how to write your will.
Pros of DIY wills
- Time and money savings: The most obvious advantage is that creating a last will online can cost less than getting an attorney involved. In fact, many online templates are free or have a low one-time fee. An online will service also lets a person make a will in mere minutes.
- Convenience: You can create a DIY will from the comfort of your home at your own pace. There are many online tools that guide you step by step through the process, making it quite easy to follow.
- Privacy benefits: When drafting your own online will, you don’t need to disclose your assets or intentions to a lawyer, which is a favorable option for those who prefer not to talk directly about their finances.
Cons of DIY wills
- Risk of errors or omissions: One disadvantage of DIY wills is that it's easy to overlook important legal language or to fail to account for specific estate planning needs. Serious mistakes can easily arise from unclear language, improper execution, or failure to follow state laws. Unfortunately, these errors and omissions could lead to the will being contested or even declared completely invalid.
- Financial implications: If your will is contested or declared invalid, the money you save now could cost your estate and/or your heirs more money later. That’s because your heirs may need to hire probate attorneys or file a probate litigation lawsuit if your DIY will wasn’t written well enough to withstand objections.
- Time-consuming resolutions: The probate process and distribution of assets to your heirs could take a lot of time if the will wasn’t executed properly or otherwise has problems that the probate court must resolve. Depending on the circumstances, the probate court may have to rely on other estate planning documents or intestacy laws to determine how to distribute the estate's assets, which could become time-consuming.
- Complex legal requirements that vary by state: State laws regarding will execution vary greatly, and some DIY will sites may not take that into consideration when preparing your will. Some jurisdictions, for example, require a certain number of witnesses present at the will’s signing and/or the seal of a notary public.
- Limited flexibility: As DIY wills are templated estate planning documents, they lack the flexibility and customization needed for specific situations, such as tax planning and establishing trusts.
Not all online DIY templates comply with state-specific laws regarding how the will should be signed or stored, and failure to follow these laws could make the will invalid or lead to complications down the road. LegalZoom’s templates have been drafted and reviewed by local attorneys in each state, and they come with legal guidance as you go through the process.
A DIY will is ideal for simple estates
Those who can benefit most from DIY wills are people with relatively small estates (a value that doesn’t reach the level of being subject to estate taxes) that have no complex financial arrangements.
A DIY will may not be suitable for complex estates
DIY wills may overlook specific estate planning needs, such as avoiding potential estate taxes. Blended families (i.e., those with children from a previous relationship) may need some extra legal guidance that DIY options don’t always provide.
Therefore, if you have a large estate that is subject to estate taxes (around $15 million for 2026) that includes complicated assets, such as multiple properties, businesses, or large investments, or involves unique blended family dynamics like second marriages and children from different relationships, a DIY will may not be the most comprehensive solution for your estate.
How do DIY wills compare with wills created by lawyers?
There are many ways an attorney can help draft your will that a template or DIY will cannot address. An attorney can:
- Navigate complex legal matters and ensure your will meets state requirements. They can customize it to your unique situation and tax strategies and ensure all necessary legal formalities are completed. This can help prevent disputes later on and keep your will from being challenged.
- Do periodic reviews and updates for your will to ensure it remains relevant. They can help create your estate plan in a way that minimizes probate complications, which ultimately lightens the load for your heirs.
- Guarantee your will holds up in court.
Lawyers can be extremely useful; however, for someone with a simple estate, it might just add layers of complexity that drive up costs without really adding much value. An attorney's fees can range from a few hundred to several thousand dollars, depending on how complicated your situation is and how experienced the lawyer is. Sometimes, multiple meetings and significant paperwork can prolong the process for weeks or even months.
What are other estate planning tools?
Estate planning includes a variety of wills tailored to different family situations, goals, and asset levels. The right documents depend on your personal and financial needs, and they often involve combining several strategies.
Testamentary trust will
In a testamentary trust, the testator places some assets into a trust for the benefit of their beneficiaries and names a trustee to handle them. By creating a trust in a will, you can transfer assets into the trust and impose conditions on the inheritance, which may be gradual based on age or other factors. This type of will is particularly helpful for testators with underage beneficiaries or recipients of an inheritance.
Living will
A living will, also known as an advanced healthcare directive, has nothing to do with distributing your property after your death. Instead, it allows you to choose what medical treatments you want to have as well as who can make decisions on your behalf if you become incapacitated. This type of will is great for individuals who want to plan for medical contingencies, because it puts less pressure on the testator's family, as it includes a range of medical decisions and prevents you from getting the treatments you wouldn't want.
In some states, an advance healthcare directive combines a living will and healthcare power of attorney or medical proxy. You must understand your state's laws on medical directives to ensure they're fulfilled if you're creating a living will by yourself.
Power of attorney
A power of attorney provides an individual the right to make decisions on your behalf, either when you are not available to do so or are not in a position physically. There are two key types of powers of attorney most encountered in estate planning: financial power of attorney and medical power of attorney. These give the individual(s) you designate the right to make financial and/or medical decisions for you if you're unable to do so. It's a good idea to choose people you're confident can be legally responsible for your money and your well-being.
Create a "DIY will" with LegalZoom
If you're looking to ensure your family members are cared for and your assets are protected after you're gone, our DIY will service offers an easy solution. With up-to-date technology, attorney support, and review possibilities, LegalZoom makes the process of establishing estate plans easier, offering you reassurance and control over your future through various features.
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FAQs about DIY wills
Is a simple will good enough?
A simple will might be sufficient for individuals with small estates, but it's crucial to assess whether it adequately addresses your specific needs, such as tax implications, family situations, need for probate, and any other circumstances, before relying on it.
What is a will kit?
A will kit is a ready-made package with the necessary documents and instructions to create your own will without the need for hiring an attorney. These kits typically have fill-in-the-blank forms, informative guides, and sometimes even access to online resources. While they offer a more affordable alternative to hiring an attorney, it's essential to be aware of the potential risks associated with using them.
Can you make a will if you don’t own property?
A will is crucial even if you don't own many assets or property. It ensures even your small assets pass to your desired beneficiaries.
Where can you find free and paid templates?
Free and paid will-writing templates can be obtained from various sources, including specialized marketplaces, website builders, and platform-specific repositories.
What questions should you ask before using an online will maker?
Before using an online will maker, you may ask the following questions:
- Will your online will keep your family out of probate court?
- Is your online will’s execution legally valid?
- Does your online will correctly name an executor?
Chloe Packard and Michelle Kaminsky, Esq., contributed to this article.
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