Do You Need a Lawyer to Make a Will?

When doing it yourself works, and the situations where a lawyer is worth the cost.

By No Brainer Forms Team Updated 3 min read

Key Takeaways

  • No state requires a lawyer to write a valid will. What matters is that it meets your state’s requirements and is signed correctly.
  • A DIY or online will usually works well for people with straightforward wishes: leaving everything to a spouse, partner or children and naming a guardian.
  • Consider a lawyer for blended families, a child with special needs, a business, property in several states, a very large estate or an expected family dispute.
  • Whichever route you choose, the signing step is where most homemade wills go wrong.
  • Pair your will with powers of attorney, a living will and a HIPAA release, which cover you while you’re alive.

The short answer

No. A will is valid because of what it says and how it’s signed, not because of who drafted it. Millions of people make their own wills using forms or online services. The question isn’t whether you’re allowed to, but whether your situation has the kind of complexity where personal legal advice pays for itself.

When DIY works and when to call a lawyer

Your situationDIY or online willConsider a lawyer
Single, married or partnered with simple wishesUsually fineNot usually needed
Young children who need a guardianUsually fineIf you want a complex trust for them
Blended familyPossible with careRecommended, to protect spouse and children
Child with special needsNot recommendedYes, a special needs trust is often needed
You own a businessNot recommendedYes, for succession planning
Property in more than one statePossibleRecommended, often with a trust
Large estate or estate tax concernsNot recommendedYes
You expect someone to contest the willNot recommendedYes
Concerns about your capacity or undue influenceNot recommendedYes
DIY or online will vs. hiring a lawyer

What you need to do it right yourself

  1. Use a form built for your state, or a service that adjusts for it.
  2. Be specific: use full names, describe property clearly and name backup beneficiaries.
  3. Name an executor and a backup. See how to choose an executor.
  4. Name a guardian for minor children. See how to choose a guardian.
  5. Sign correctly with the required witnesses, and consider a self-proving affidavit. See how many witnesses you need.
  6. Store it safely and tell your executor where it is. See where to keep your will.

For the full process, see how to make a will.

Common DIY mistakes

  • Not signing in front of the required witnesses, or using a beneficiary as a witness
  • Leaving out a backup beneficiary or backup executor
  • Forgetting that beneficiary designations on insurance and retirement accounts override the will
  • Writing changes by hand on a signed will
  • Making a will but no powers of attorney or health care documents

Frequently asked questions

Is a will valid if I write it myself?

Yes, as long as it meets your state’s requirements: you’re an adult of sound mind, it’s in writing, and it’s signed correctly, usually with two witnesses.

Do I need a lawyer to have a will notarized?

No. Wills usually don’t need a notary to be valid. If you want a self-proving affidavit, any notary can notarize it.

Can I use an online will service instead of a lawyer?

Yes. Online services are a common choice for people with straightforward wishes. Make sure the service covers your state and gives clear signing instructions.

When is a lawyer definitely worth it?

When you have a child with special needs, own a business, have a very large estate, own property in several states, or expect someone to challenge your will.

Do I need a lawyer to probate a will?

It depends on your state and the estate. Simple estates can sometimes be handled without a lawyer, but many executors hire one for guidance. See our guide to settling an estate.

Keep reading

Don’t leave your family guessing

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This guide is general educational information written by the No Brainer Forms Team. It is not legal advice, and No Brainer Forms is not a law firm. Laws and signing requirements vary by state; for advice about your situation, talk to a licensed attorney in your state.