How to Make a Will Without a Lawyer

Whether you need a lawyer to make a will depends on your situation. For most people, making a do-it-yourself will is perfectly fine. As long as you have good self-help materials to guide you, you can create a will that covers essential matters, such as leaving a home, investments, a small business, and personal items to your loved ones. You can also use a will to name a guardian to take care of young children and someone to manage the property you leave them.

As long as you follow your state’s rules, you can write a legal will even without a lawyer’s help.

What Is a Do-It-Yourself Will?

A DIY will is a document you create on your own using a template, software, or an online service. Most people can’t create a will for free unless they’re ready to do a lot of research into state laws. However, by using a reputable estate planning product to write your own will, you could save thousands of dollars compared to what it would cost to hire a lawyer.

You might find it reassuring to know that lawyers usually start with a standard form when drafting wills. Those forms contain the same types of clauses you’d find in a good DIY will. They fill in details like the client’s name and beneficiaries, just as you would when using willmaking software.

Making Your Own Will: Legal Requirements

Making a will doesn't involve complicated legal rules. Requirements vary slightly from state to state, but here are the basics:

You must be an adult. In most states, this means 18 years old. However, some states make exceptions for younger people who are emancipated, married, or in the military.

You must be of sound mind. This means you have sufficient mental capacity, sometimes called testamentary capacity, to understand that you are making a will and what it means. In other words, you must understand what property you own, who your beneficiaries are, and that you are making a document that leaves your property to these beneficiaries when you die.

Your will needs to be in writing. Some states do accept handwritten and signed wills, known as holographic wills, but it’s usually safer to create your will on a computer.

Your will needs to say it’s your will. It may seem obvious, but it should be clear that the document is your will. (In legal terms, it must show “testamentary intent.”) Most wills begin with a clear statement that the document is a last will and testament.

You must sign your will in front of witnesses. You need to sign your will in front of witnesses who meet your state’s requirements to serve in that role.

You can’t disinherit your spouse. If you're married, your spouse has the right to claim a certain amount of your property after your death. If you leave your spouse at least half of your property, this won't be an issue. If you had something else in mind, consult a lawyer.

Should You Make Your Own Will?

When weighing the pros and cons of making a will without a lawyer, carefully consider your own situation. On the upside, as mentioned above, a do-it-yourself will can save you money. Also, you won’t need to spend time finding or meeting with a lawyer, and you can work on your will whenever it suits you.

But making your own will is a big responsibility. You’ll need to choose a reliable program and make sure you understand every step. It’s up to you to make sure your will is legal. Before you start, check the situations below to see if you should talk to a lawyer.

When to Talk to a Lawyer

Consider consulting a lawyer if any of the following situations apply to you:

• You plan to leave a significant amount of property that could be subject to estate tax.
• You want to make complex arrangements, such as placing your home in a trust for your spouse and then passing it to your children from a previous marriage after your spouse's death.
• You own a small business and need guidance on the rights of surviving owners or your share of ownership.
• You need to set up long-term property management for a beneficiary, such as establishing a trust for an adult who is unable to manage their own finances.
• You are concerned that someone might challenge your will on the grounds of fraud, undue influence, or lack of mental capacity.
• You intend to disinherit or significantly reduce your spouse’s inheritance. While this is usually not possible if your spouse objects, a lawyer can explain your spouse's legal rights.

You might also feel better if a lawyer reviews your will, even if things seem simple. Pick the option that helps you feel most at ease.

DIY Wills Checklist

Here’s a brief guide to making a will without a lawyer. You can learn more about these steps in How to Make a Will.

1. Choose Your DIY Will Product

If you’ve read through the information above and feel comfortable writing your own will, it’s time to find software or an online service that can guide you through the process. A reputable program will guide you step by step, flagging any situations in which you may need help from a lawyer.

2. List Everything You Own

Start by writing down your assets—things like your home, savings, vehicles, personal belongings, or other property. This makes it easier to see the full picture of what you’ll be passing on.

3. Decide Who Gets What

Think about how you want your money, possessions, and other property to be divided. You can leave specific items to certain people or split things more generally among your heirs.

4. Pick Someone to Carry Out Your Wishes

This person, often called an executor, is responsible for making sure your instructions are followed. Choose someone trustworthy who is organized and comfortable handling paperwork.

5. Make Plans for Children Under 18

If you have young children, your will is where you name a guardian to care for them if something happens to you. This is one of the most important decisions parents can make in a will.

6. Decide What to Do About Debts Owed to You

You can state whether you’d like to cancel any debts someone owes you or if you expect them to be repaid to your estate. Being clear avoids confusion or disputes later.

7. Gather Key Details

Collect names, addresses, and details about the people and property mentioned in your will. Having this all in one place will help you—and your executor—keep things clear.

8. Put Your Wishes Into Writing

Use a will-making tool to turn your decisions into a legally valid document.

9. Sign Your Will Properly

You must sign your will in front of at least two witnesses. Following this rule is essential to making sure your will holds up in court.

10. Keep Your Will Safe and Share It With Those You Trust

Store the signed will in a secure but accessible location, like a fireproof safe or with your lawyer. Let your executor or a close family member know where it is so it won’t be lost when it’s needed.

Learn More About Wills

For more information about wills, see the following articles:

• Why Do You Need a Will?
• Different Types of Wills
• How to Make a Will

You can find out more about making WillMaker’s will and living trust in WillMaker’s Legal Manual.