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 situation | DIY or online will | Consider a lawyer |
|---|---|---|
| Single, married or partnered with simple wishes | Usually fine | Not usually needed |
| Young children who need a guardian | Usually fine | If you want a complex trust for them |
| Blended family | Possible with care | Recommended, to protect spouse and children |
| Child with special needs | Not recommended | Yes, a special needs trust is often needed |
| You own a business | Not recommended | Yes, for succession planning |
| Property in more than one state | Possible | Recommended, often with a trust |
| Large estate or estate tax concerns | Not recommended | Yes |
| You expect someone to contest the will | Not recommended | Yes |
| Concerns about your capacity or undue influence | Not recommended | Yes |
What you need to do it right yourself
- Use a form built for your state, or a service that adjusts for it.
- Be specific: use full names, describe property clearly and name backup beneficiaries.
- Name an executor and a backup. See how to choose an executor.
- Name a guardian for minor children. See how to choose a guardian.
- Sign correctly with the required witnesses, and consider a self-proving affidavit. See how many witnesses you need.
- 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
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.
No. Wills usually don’t need a notary to be valid. If you want a self-proving affidavit, any notary can notarize it.
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 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.
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
- Estate Planning Checklist: The Documents Everyone NeedsA plain-English estate planning checklist: the will, living will, powers of attorney and other documents everyone needs, plus what to organize and when to update.
- What Is a Living Will? How It Works and What to IncludeA living will records your wishes about life-sustaining treatment if you can't speak for yourself. Learn what it covers, when it applies and how it differs from a will.
- Living Will vs. Advance Directive: What’s the Difference?What is an advance directive? It's the umbrella term for your written health care instructions. Learn how living wills, health care proxies and advance directive forms fit together.
- Will vs. Trust: Which Do You Need?Compare a will and a revocable living trust on probate, privacy, cost and control. Learn when a will is enough and when a trust makes sense.
- What Happens If You Die Without a Will?If you die without a will, state intestacy law decides who inherits, who manages your estate and who raises your kids. Here's what typically happens.
- Funeral Planning Checklist: How to Plan AheadA step-by-step funeral planning checklist: burial or cremation, the service, costs, paperwork and how to make sure your family can find your wishes in time.
- How to Avoid Probate: 6 Common StrategiesProbate can be slow, public and costly. Learn six common ways to pass assets directly to your heirs, from beneficiary designations to a living trust.
- How to Choose an Executor for Your Will (and What They Do)Your executor carries out your will. Learn what an executor does, who makes a good choice, and the mistakes to avoid when naming one.
- Pet Trust: How to Provide for Your Pets After You’re GonePets can't inherit money, but a pet trust can fund their care. Learn how pet trusts work, how they compare with a will, and how to choose a caregiver.
- What Is a Living Trust? How It Works, Pros and ConsA living trust holds your assets during life and passes them to your heirs without probate. Learn how revocable living trusts work, what they cost, and who needs one.
- What Is Probate? How the Process Works, Step by StepProbate is the court process for settling an estate. Learn what happens in probate, how long it takes, what it costs, and which assets skip it entirely.
- How to Make a Will: Step-by-Step Guide and Legal RequirementsLearn how to make a valid will: what to include, who can witness it, whether it needs a notary, and the common mistakes that can make a will fail.
- Letter of Instruction: What to Include for Your FamilyA letter of instruction tells your family where everything is and what you want. Learn what to include, how it differs from a will, and where to keep it.
- Digital Estate Planning: What Happens to Your Online AccountsWhat happens to your email, photos, social media and online accounts when you die or become incapacitated? A practical guide to digital estate planning.
- DNR vs. Living Will vs. POLST: What’s the Difference?A living will is your own instructions; a DNR and a POLST are doctor's orders. Learn how each works, who signs it, and which ones emergency responders follow.
- How Much Does a Will Cost? Lawyer vs. Online vs. DIYA simple will can cost nothing or several thousand dollars depending on how you make it. Compare attorney, online and DIY costs, and what's included at each price.
- Last Will vs. Living Will: What’s the Difference?A last will controls your property after death; a living will states your medical wishes while you're alive. Learn how they differ and why most adults need both.
- Executor vs. Trustee: What’s the Difference?An executor settles your estate through probate under your will; a trustee manages assets held in a trust, sometimes for years. Compare their roles, powers and how to choose.
Don’t leave your family guessing
Put your health care wishes in writing with a living will, HIPAA release and medical authorization. The No Brainer Box adds a last will, a revocable trust and health care and financial powers of attorney.
- Answer a few simple questions online
- Download your completed, ready-to-sign forms
- Sign them and keep copies in your account
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.