If you're in the market for an estate plan, something only 24% of Americans currently have, you might be surprised to learn that you don't need a lawyer. It's legal to write your own will, and given how much it costs to have a lawyer draft one, a do-it-yourself approach might be a cost-saving choice.
But you need to draft a will that's valid in your state and can withstand scrutiny. Here's how to get started.
Who should write their own will?
Writing your own will makes sense if you have an average amount of assets, straightforward plans for distributing your property, and don't anticipate anyone contesting your wishes. This kind of simple will situation is well-suited for a DIY approach.
Cost comparison: DIY will vs. an attorney
The cost savings of a DIY will can be substantial. Hiring an attorney to draft a simple will typically costs between $300 and $1,000, while complex estates involving trusts, business interests, or blended families can run $1,000 to $3,000 or more. By comparison, online will services generally range from free basic templates to around $200 for comprehensive packages with additional estate planning documents.
That said, attorney fees may be worthwhile if you own a business, have significant assets in multiple states, are married but have children from previous relationships, or anticipate family disputes over your estate. For straightforward situations—a single home, standard retirement accounts, and clear wishes about who should inherit—the DIY approach offers real value.
In higher-stakes cases, you may want to hire someone through an attorney network or another channel. Some lawyers would strongly advise you never to draft your own will if you don't thoroughly understand what could be at risk.
What happens if you die without a will
Dying without a will, known as dying "intestate", means your state's laws determine who inherits your assets, regardless of what you would have wanted. Most states follow a hierarchy: your spouse typically receives a share (often not everything), then your children, then parents, then siblings, and more distant relatives. Unmarried partners, close friends, and favorite charities receive nothing under intestacy laws.
The consequences can be significant. A court will appoint an administrator to handle your estate, a process that averages 9 to 20 months and costs more without a valid will. If you have minor children, a judge, not you, decides who raises them. Your assets could end up with an estranged relative you haven't spoken to in years, while people you actually care about are left out entirely.
Even a simple, self-drafted will gives you control over these decisions. It's one of the strongest arguments for getting something in writing, even if your estate isn't complicated.
Our step-by-step online tool helps you make key decisions with confidence, at your pace.
How to write your own will
If you choose to write your own will, you'll need to work through several key decisions and understand your state's legal requirements. Here's a step-by-step process to follow:
- Take inventory of your assets and debts. List everything you own, including real estate, bank accounts, investments, vehicles, valuable personal property, and digital assets like cryptocurrency or online accounts. Note any outstanding debts as well.
- Decide on beneficiaries for each asset. Determine who should receive each item or category of property. Be as specific as possible to avoid confusion, and use full legal names and describe assets clearly.
- Choose an executor and a backup executor. Select a trustworthy person to carry out your wishes after your death. Name an alternate in case your first choice is unable or unwilling to serve.
- Select guardians for minor children. If you have children under 18, designate who should raise them, and consider naming a backup guardian as well.
- Choose your will format. Decide whether to use a statutory will (available in California, Maine, Michigan, New Mexico, and Wisconsin), a holographic (handwritten) will if your state permits it, or an online will service.
- Draft the will with all required elements. Include your full legal name, a statement that this is your will, your beneficiary designations, your executor appointment, your guardian nominations, and the date.
- Sign with proper witnesses present. Most states require two adult witnesses who won't inherit anything from your will. Sign in front of them, and have them sign as well.
- Store the will safely and inform your executor. Keep the original in a fireproof safe or with your attorney, and tell your executor where to find it.
The person you put in charge of implementing your will, called an executor, should be a person you trust.
However, state requirements may be strictly applied, especially if there's a challenge to the will. Those requirements vary, but generally you must meet these criteria:
- Be in writing
- Made by someone at least 18 and mentally competent
- Be signed in front of two to three adult witnesses (depending on the state) who do not stand to inherit anything
- Be signed by those witnesses as well
If you want to draft your own will, you start with a statutory will. This very simple form allows you to fill in your name and the names of your heirs, the people who will execute your wishes after your death, and any guardians needed for your minor children. However, only California, Maine, Michigan, New Mexico, and Wisconsin offer statutory wills, so many Americans won't have this option.
If you don't have access to a statutory will, you may still live in one of the 26 states that permit holographic wills. Handwriting your will is advantageous because the legal standard for validation is a little more relaxed, at least in California, which may help if you miss a detail.
However, you must still sign it and date it, and it’s commonly recommended that you use witnesses even if your state doesn't require them for holographic wills.
Do you need to notarize a will?
A common misconception is that a will must be notarized to be valid. In most states, notarization is not required; what makes a will legally binding is proper witnessing. A notarized will without the required witnesses is generally invalid, whereas a properly witnessed will without notarization is usually valid.
That said, notarization does serve a useful purpose through what's called a "self-proving affidavit." This is a notarized statement attached to your will, where you and your witnesses swear under oath that the will was properly executed. When you include a self-proving affidavit, the probate court can accept your will without tracking down your witnesses to verify their signatures. This can be especially helpful if years have passed and witnesses have moved or are difficult to locate.
Most states allow self-proving affidavits, and many online will services include them automatically. If you're creating your own will, consider adding this step. It's a small effort now that can save your executor significant time and hassle later.
What are the common mistakes to avoid when writing your own will?
DIY will-makers often "don't know what they don't know." Here are the most common errors to help you avoid pitfalls that could invalidate your will or create problems during probate:
1. Failing to meet witness requirements. Each state has specific rules about who can witness your will and how many witnesses you need. Using a beneficiary as a witness, having only one witness when your state requires two, or failing to have witnesses sign in your presence can all invalidate your will.
2. Not dating your will. An undated will creates serious problems, especially if multiple versions exist. The court needs to know which will is most recent to determine your final wishes.
3. Forgetting to update after major life changes. Marriage, divorce, the birth of a child, or the death of a beneficiary should all trigger a will review. A will that still names an ex-spouse or leaves assets to someone who has died can cause confusion and legal complications.
4. Being vague about beneficiaries or assets. Phrases like "my jewelry to my daughters," without specifying which pieces go to whom, invite disputes. Use full legal names for beneficiaries and describe assets specifically enough to avoid ambiguity.
5. Overlooking digital assets. Many people forget to address cryptocurrency, online accounts, digital photos, and other electronic property. Consider what happens to these assets and whether your executor will have the passwords needed to access them.
How can you get help with your will?
If you're nervous about your ability to write a successful will, you have options in between going it alone and a full-service package from an attorney.
- Online will services: Write your will online with an optional attorney consultation
- Will-writing software: Complete the process offline with guided prompts
- Legal document preparers: Available in some states to handle the paperwork
- Attorney review: Some attorneys offer to review a self-drafted will at a discount
FAQs about writing a will
Can I amend my will without an attorney?
Yes, you can amend your will without an attorney by writing a codicil, which is an addition to your will that adds to, revokes, or explains your choices. Writing a codicil is as straightforward as writing your original will; you typically need to sign it, date it, and have two or more witnesses sign it as well.
Lorelei Laird, contributed to this article.
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