Do I Need a Lawyer to Make a Will?
No law requires a lawyer to write a will, and a simple will made with a reputable form or online service can be valid if it meets your state's signing and witness rules. A lawyer is worth it if you have minor children, a blended family, a business, significant assets, property in several states, a beneficiary with special needs, or concerns that someone may contest the will.
A will is a legal document that says who receives your property and who manages your estate after you die (Cornell LII). Many people put it off because they assume it requires an expensive lawyer. It does not, but the stakes of a mistake can be high.
When a DIY or online will can work
- You are single or married with a straightforward plan, such as everything to your spouse, then to your children equally
- Your assets are modest and mostly pass by beneficiary designation (retirement accounts, life insurance)
- You live in one state and own no out-of-state real estate
- You do not expect family disputes
Use a reputable service designed for your state, and follow the signing instructions exactly.
When a lawyer is worth it
- Minor children: naming guardians and setting up trusts for money they inherit
- Blended families: protecting children from a prior relationship
- A business or rental property
- Property in more than one state, which can mean probate in each
- A beneficiary with special needs, where an inheritance could affect benefits
- Large estates and tax planning; see federal estate tax
- Possible challenges from family members
- Health or capacity concerns, since the will-maker must have testamentary capacity when signing (Cornell LII)
Common DIY mistakes
- Missing or improper witnesses, which can invalidate the will
- Handwritten changes on a signed will
- Leaving out a residuary clause for "everything else"
- Naming a beneficiary who dies first without a backup
- Forgetting that accounts with beneficiary designations pass outside the will
- Using a form from another state
Handwritten (holographic) wills are valid in some states but not others (Cornell LII). See what makes a will legally valid.
Costs
A simple attorney-drafted will often costs a few hundred to a couple of thousand dollars, and many lawyers offer flat-fee packages that include powers of attorney and health care directives. See estate planning costs.
A will is only part of a plan
Most people also need a power of attorney, a health care directive or living will, and updated beneficiary designations. Our estate planning documents checklist lists them.
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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.