What is a Simple Will? A Comprehensive Guide

Simple will example | Sample simple will template

Below is an example of how a basic last will and testament format might look.

I, [Your Full Name], currently residing at [Your Address], being of sound mind, declare this to be my Last Will and Testament.

1. Revocation of Previous Wills: I revoke all prior wills and codicils made by me. (Note: Include this clause if you have made any previous will or codicil and want this document to be recognized as your final version, to avoid confusion or conflicting instructions.)
2. Appointment of Executor: I appoint [Executor’s Full Name] to act as the executor of this will. If they are unable or unwilling to serve, I appoint [Alternate Executor’s Name].
3. Distribution of Assets: I leave my property as follows: (a.) To [Beneficiary Name], I leave [Describe Asset or Percentage]. (b.) To [Beneficiary Name], I leave [Describe Asset or Percentage].
4. Guardianship of Minor Children (if applicable): If I have minor children at the time of my death, I appoint [Guardian’s Full Name] as their guardian to care for them and manage any assets the children inherit until they reach the legal age.
5. Signatures and Witnesses: Signed by me on [Date], in the presence of the undersigned witnesses, [Witness 1 Name] and [Witness 2 Name]

How much does it cost to make a simple will?

The cost of creating a simple will depends on how you choose to prepare it.

1. DIY or online estate 

Many online platforms offer simple will templates or guided tools for individuals to create their own wills. Prices can range from free to approximately $10 to $250, depending on the level of support and customization required. For example, LegalZoom offers a simple will starting at $119, which also includes other estate planning documents such as a healthcare directive, medical power of attorney, pet care provisions, and more. The plan also provides the ability to make revisions and consult with an attorney.

2. Attorney-drafted wills

If you prefer personalized legal advice, hiring an attorney to draft your will may cost between $300 and $1000+, depending on your location and needs. This reflects the average cost of a simple will prepared by a legal professional. Prices may vary depending on the attorney’s experience and your state’s cost of living.

3. Optional costs - notarization and storage

While most states don’t require a will to be notarized by a notary public, some people opt to create a self-proving affidavit, which may require notarization for a small fee. Additionally, if you choose to store your will using a service or method, there may be associated storage or service fees.

Common mistakes to avoid when writing a simple will

Although a simple will is straightforward, certain mistakes can lead to confusion, delays, or legal issues during the probate process. Here are some common pitfalls to watch out for:

1. Not following state requirements

Each state has its own rules regarding what constitutes a valid will, such as the number of witnesses required or the manner in which the last will must be signed. Failing to meet these can result in the will being rejected. Relying solely on generic will kits without understanding your state’s legal requirements could result in an invalid or incomplete will.

2. Forgetting to name an executor

If you forget to name an executor, the court reserves the right to appoint someone to manage your estate, who may not be your first choice.

3. Being too vague with assets or beneficiaries

Unclear wording or nicknames in the last will can lead to disputes among heirs. If disagreements arise, the court oversees the interpretation and enforcement of your will, which can delay the process and increase costs. To avoid this, be specific about who gets what, and use full legal names whenever possible.

4. Leaving out contingency plans

Failing to include contingency plans, such as alternate beneficiaries or a backup executor, can create complications if your first choice is unable to serve. For example, if they have died, are seriously ill, refuse the role, or are otherwise disqualified. In such cases, the probate court may need to intervene to settle your estate.

5. Not updating the will after life changes

Major life events such as marriage, divorce, the birth of a child, or significant changes in your assets may require you to update your will to ensure it accurately reflects your current wishes.

6. Storing the will in an inaccessible location

A will locked away without anyone knowing its location can cause delays. Let someone you trust know where the original will is stored to avoid any future disruptions. 

7. Assuming a will covers everything

Some assets, such as jointly owned property or financial accounts with named beneficiaries, pass outside of the will. Ensure your estate plan accounts for these by regularly reviewing and updating ownership documents and beneficiary designations.