Creating a last will and testament is one of the most important steps you can take to help protect your family and control what happens after your death. Every adult should have a will.
However, many people can't afford to hire an attorney or don't want to take the time to book an appointment for a will. Others are simply unsure of the best way to create a legally binding last will and testament. Online will creation services are a smart way to get your will done because they allow you to easily create a legally binding will from the comfort of your own home for a reasonable fee.
What does a will include?
A will has a variety of important functions, but the most important one is it allows you to name beneficiaries (people who will inherit from you) and determine what exactly they will inherit from you. If you die without a will (called dying intestate), your state laws determine who inherits your assets. Usually, this is your spouse and children. If you want to have control over the distribution of your assets after you die, you should create a will.
Making your own will as part of your estate plan gives you the freedom to distribute your assets yourself, to the people you choose, in the amounts you choose. You can also leave specific items of personal property (such as jewelry, cars, or household items), real estate, or investments to specific people. This is important if there are items that have special meaning to you. You can also leave money or items to charity in your will.
A will allows you to select a guardian for your minor children. If the worst-case scenario happens and your minor children are left without parents, the guardian you select will be in place to care for them in your absence.
A key provision in your will is the one naming your executor. This is the person who ensures the wishes in your will are carried out. They make sure your will is filed with the probate court and all your assets are divided and distributed according to your directions. You can also name an alternate executor should your first choice be unavailable. The executor should be someone you trust and can rely upon to handle this big responsibility.
Other estate planning documents: Living will, trust, and financial power of attorney
Having a will is very important, but other estate planning documents you should consider creating include:
- Living will: Also called an advance healthcare directive, a living will states what medical care you want or do not want to receive in situations when you cannot communicate or are not conscious. This could include a ventilator, resuscitation, feeding tube, and so on. This legally enforceable document gives you control over your future medical care and end-of-life care.
- Health care proxy or health care power of attorney: This document names the person with the authority to make medical decisions on your behalf if you are not able to make them on your own. This person can decide if you will have surgery, take medication, or continue on life support if you aren't conscious or able to decide for yourself. You can also name an alternate healthcare power of attorney in case your first choice is not available.
- Financial power of attorney: A power of attorney gives someone else the power to make financial decisions and handle financial transactions for you if you are unable to do so for yourself. They can buy or sell real estate, access your bank accounts, withdraw money, pay your bills, give financial gifts, and file insurance claims for you.
- Living trust: A living trust is an alternative to a last will because it sets forth who will receive your assets after you die, but there are some key differences between a living trust and a last will. A trust owns your assets during your life (with you having the freedom to use and spend your assets as you normally would). The living trust allows most of your assets to pass outside of probate. It can be more flexible than a will and is also private since it does not go through probate.
Many online will services also prepare these key estate planning documents in addition to a will. It is important to note that each state has its own rules for these documents. To be legally valid, you must make sure your document complies with the state requirements.
Who needs these legal documents?
Every adult should have a will, a living will, and financial power of attorney as part of an estate plan. However, in the following situations, it is extremely important to create these legal documents or update your existing documents:
- You get married or remarried
- You get divorced
- Your spouse dies
- A beneficiary named in your will dies
- You have a child under the age of 18
- You have grandchildren
- You have a chronic illness
- You are facing a challenging diagnosis
- Your financial situation or long-term goals change
- You retire
- You move to a different state
- You buy a home
Completing an estate plan package gives you peace of mind that you and your family are protected, and all of your wishes are clearly stated so they can be carried out. If you are creating a last will, it makes sense to create a living will and financial power of attorney at the same time so you can have all the documents together.
Is online will creation valid?
Yes, you absolutely can create your will online, and if executed properly, it will be legally valid. You are not required to use an attorney to create a will. Online will makers are a convenient, affordable, and easy way to create your will and help ensure your final wishes are carried out.
It is important to ensure that any website, online will service, or online estate planning site you use creates a will that meets your state's specific requirements. If you use a template that is not state-specific, you cannot be sure your state court will accept it.
Make sure your will is written, signed, and witnessed the way your state dictates. It will not be legally enforceable if it does not meet your state's requirements, and each state's laws are different. A will is not valid unless it is signed and witnessed correctly.
How do online makers of wills work?
There are several different kinds of online legal services that make wills. Many use an online questionnaire that asks the will-maker a series of questions answered right on the screen. The answers are then used to create the will. This ensures that the provisions of the will are completed correctly.
Other websites simply give you an online form or template that you fill out yourself. There isn't any guidance or help in completing it. You get a blank form, and you fill it out. The concern with this is that if you fill in the blanks incorrectly or incompletely or skip some, the will may not do everything you want it to.
Other services require you to download software to create your will on your own computer. This requires you to be able to follow the instructions for the download. If you are not tech-savvy, this can be challenging.
Some services allow you to ask questions of attorneys while you are using their service. Others have an attorney review your will so you can be sure it is complete and legally valid in your state.
A will-maker service may allow you to revise your will once you've created it, but not all sites offer this. Being able to make changes is key since you may change your mind after thinking about all of the decisions involved.
How to choose an online will service
When selecting an online will maker, first consider what you are actually getting. A state-specific template allows you to make the will yourself. An online questionnaire that fills in a will for you helps ensure the wording in the will is going to be correct.
Having an attorney review the will gives you more peace of mind that your will should do exactly what you want it to. Note that there is a difference between having a will reviewed by an attorney and being able to ask legal questions of an attorney. If an attorney reviews the will, they actually see it and what it says. If you ask legal questions, the attorney does not usually read your entire will.
Choosing an option that creates all of your estate planning documents together ensures all your needs are taken care of and can bring you more peace of mind.
You should also evaluate the cost. If your wishes are very basic and you don't need to talk to an attorney, an inexpensive template or questionnaire may make sense for you.
Online will services are convenient, affordable, and easy to use. It's important to take the time to evaluate the different options and choose the one that best fits your needs and fulfills your goals.
Frequently asked questions
Who can create a will?
Any adult over age 18 who is mentally competent enough to understand they are creating a will.
Can I write a will by myself?
It is possible to write a will alone without any help. However, you may not understand all the things you should or can include, and you may not use the right language to get the results you want. For this reason, you may want to get assistance from an attorney so you can be assured your will is valid and enforceable.
Can I handwrite my will?
In some states, handwritten wills are acceptable, but only in certain circumstances and with specific limitations. In general, it is always best to have a typed will so that it is easy to read and there is no confusion about its provisions.
Can I sign my will online?
Even if you create your will online, almost all states require that you actually print it and sign the print copy with a handwritten signature. A will that is signed electronically is usually not valid, although some states are passing legislation allowing for electronic will signatures.
Do I need a witness for my will?
Most states require two witnesses for a will to be valid, but requirements vary by state. When you create your will with LegalZoom, you will receive instructions on how to execute the will so that it is valid.
Can a beneficiary in my will also be a witness?
In most cases, it is best if you do not ask beneficiaries to witness your wills. Each state has its own rules about this, and you should ask an attorney if this is something you want to do.
Does my will need to be notarized?
Your will usually does not need to be notarized to be valid, but many wills include a "self-proving affidavit," and this document needs to be notarized. It must be witnessed, however, which can be done by any adult.
Do I need a trust if I have a will?
A trust is an alternative to a last will. The decision about whether to use a trust or a will is up to each person and depends on several factors, such as state of residence, total value of assets, tax goals, etc. It's a good idea to talk to an attorney about this decision. It should be noted that if you choose a trust, you should also be provided with a document called a "pour-over will" that serves as a backup to the trust.
Are online wills for everyone?
Online wills work well in many situations and can meet most people's needs. However, if you have a very large or complicated estate, you may want to seek legal counsel directly to create your will. There are other situations where you may want to have an attorney assist in drafting, including but not limited to providing for a child with special needs, disinheriting a spouse, or advanced tax planning.
What do I do with my will once I have created it?
It is a good idea to let your family and your executor know you have created a will and where to find it so that when you die, they will be able to locate it and use it to carry out your wishes. They should also be aware of all the completed documents you have created as part of your estate plan and be able to access all of them.
Where should I keep my will and other legal documents?
Keep your completed documents in a safe place, but in a place that other family members know how to access. If you put them in a safe deposit box or safe in your home, make sure others can access it.
If I move to another state, do I need a new will?
It is a good idea to create a new will if you move to a different state. The will you created may not meet the new state's requirements.
Can I change my will?
You always have the right to make changes to your completed will and alter your final wishes. You can do this by adding a codicil or by destroying the will and creating a new one. If you use an online will-making service, you may be able to make changes online to your will for a period of time, and you can print the new version and execute it.
What is probate?
Probate is the formal court procedure that validates a will and distributes the assets according to its terms. The probate court process usually takes several months, and there are some fees associated with it, as well as attorney fees.
Do I need an attorney to review my will?
If your will is very basic and you are leaving everything to your spouse, have no minor children, and don't have any special bequests, using an online template for legal forms is an easy and affordable way to create your legal will. But there are likely lots of scenarios you haven't considered that an estate planning attorney will be able to assess. For example, if you and your spouse die at the same time in a car crash, there has to be a determination as to who died first so that there is a line of inheritance. If you have a blended family, the line of inheritance may also change. And if you set up your bequests but then have more children or grandchildren after you create the will, you want the will to include them, and an attorney assist can be sure your will does that.
An online will service that includes an attorney review of your will help ensure that you've thought everything through and included all the necessary provisions to protect you and your family.
LegalZoom can help you write your last will
LegalZoom offers a variety of benefits that set it apart from other services. LegalZoom wills have been accepted in all 50 states as valid legal documents.
LegalZoom uses an online questionnaire process to guide you through will creation and offers the flexibility of several different packages so you can pay for exactly what you need. One size does not fit all, and LegalZoom offers options so that you can create your own will and estate plan in the manner that best suits you. You can call customer phone support at (866) 679-1568 from 5 a.m. to 7 p.m. Pacific Time Monday through Friday, and from 7 a.m. to 4 p.m. weekends if you need help navigating the process.
The packages offered are as follows:
- Basic Will: The Basic Will plan is available for $99 for one person and $199 for two people. Once your will is complete, you can make free revisions for 30 days, which gives you time to think through the decisions you made and make changes if you need to.
- Premium Will: The premium will plan is available for $249 for one person and $349 for two people. This plan includes everything provided in the basic plan, in addition to attorney guidance and review of your plan with unlimited revisions and 30-minute attorney consultations on new personal legal topics.
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