How to Make a Will Without a Lawyer: Steps and Pitfalls

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BestParalegals is not a law firm and does not provide legal advice. Information here is general and may not apply to your situation or state. For legal advice, consult a licensed attorney.

Quick answer: You can write your own will in every state, but it only works if it meets your state's rules for signing and witnesses. This is general information, not legal advice.

You can write your own will in every state, but it only works if it meets your state's rules for signing and witnesses. This is general information, not legal advice.

Steps

  1. List your assets and debts, and note which ones pass outside a will (life insurance, retirement accounts and accounts with named beneficiaries, jointly owned property).
  2. Choose beneficiaries and backups.
  3. Choose an executor (personal representative) and a backup.
  4. Name a guardian for minor children.
  5. Write the will using a state-specific form, software or a document preparer.
  6. Sign it correctly. Most states require two witnesses; some recognize handwritten (holographic) wills; many allow a "self-proving" affidavit signed before a notary. Check your state's rules.
  7. Store it safely and tell your executor where it is.

Common mistakes

When to get help

Consider a lawyer if you have a blended family, a business, property in more than one state, a large estate, or want a trust. A paralegal or legal document preparer can help prepare forms at lower cost but cannot give legal advice (see estate planning paralegals). Also consider a power of attorney; the CFPB has free guides for agents under a POA.

Keep reading: How to File for Divorce Without a Lawyer; How to Avoid Probate; Estate Planning Checklist.

Frequently asked questions

How do I make a will without a lawyer?

List your assets and debts, and note which ones pass outside a will (life insurance, retirement accounts and accounts with named beneficiaries, jointly owned property); Choose beneficiaries and backups; Choose an executor (personal representative) and a backup; Name a guardian for minor children.

What are common mistakes in DIY wills?

Using a witness who is also a beneficiary (problematic in some states); Forgetting to update beneficiary forms, which override the will for those accounts; Handwritten changes on a signed will.

When should I get help with my will?

Consider a lawyer if you have a blended family, a business, property in more than one state, a large estate, or want a trust. A paralegal or legal document preparer can help prepare forms at lower cost but cannot give legal advice (see estate planning paralegals).

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