How to Make a Will Without a Lawyer: Online Options & Risks

Three practical methods exist to make a will without a lawyer. Online will platforms walk you through asset inventory, beneficiary selection, executor appointment, and minor guardianship in a step-by-step interview format, then generate a state-compliant document.

Each method requires you to meet your state's execution formalities. Nearly all states mandate your signature plus two adult witnesses who are not beneficiaries.

These fees cover document generation only. If your estate includes business interests, blended family complexities, special needs trusts, or assets exceeding your state's simplified probate threshold—often $50,000 to $150,000—you may need attorney review anyway, adding $300 to $1,000.

Start with a complete asset inventory: real estate deeds, bank and brokerage account statements, retirement accounts, life insurance policies, vehicle titles, and business ownership documents. List current balances and beneficiary designations already on file, because those supersede will instructions.

Write a brief explanation for any disinheritance or unequal distribution to reduce the chance of successful will contests. This information goes into most online platforms' interview sections and ensures your document reflects your actual intent.

A holographic will—entirely in your handwriting, signed, and dated—is valid in 27 states without witnesses, but completely unrecognized in 23 others. States accepting holographic wills include Alaska, Arizona, Arkansas, California, Colorado, Idaho, Kentucky, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin, and Wyoming.

In states that do not recognize holographic wills—Florida, Georgia, Illinois, Indiana, Massachusetts, New York, Ohio, Oregon, and Washington among them—a handwritten will lacking proper witnesses will fail probate, leaving your estate to pass by intestacy laws. If you move states after creating a holographic will, research whether your new state honors out-of-state holographic documents or if you must execute a new will meeting local formalities.

Improper execution voids the entire document. Missing a witness, using interested witnesses (people who inherit), or skipping required notarization in states like Louisiana means the will is treated as if it never existed.

Tax planning gaps are common. While most estates fall below the federal estate tax exemption ($13.61 million per individual in 2024, indexed annually), state estate taxes kick in at much lower thresholds: $1 million in Massachusetts and Oregon, $5.93 million in New York.

Store the original signed will in a fireproof safe or file it with your county probate court if permitted; many courts offer will-deposit services for a small fee. Never store the only copy in a safe deposit box that requires a court order to open after death.

Review your will every three to five years and after major life events: marriage, divorce, births, deaths, significant asset changes, or moves to another state. Create a letter of instruction—not legally binding but helpful—listing account numbers, passwords, funeral preferences, and the location of important documents.

Can I make a valid will for free without a lawyer?

Yes, using free online platforms like FreeWill or state bar association templates. You must still meet your state's signing and witness requirements, and free tools may lack advanced features like trust provisions or tax planning that complex estates require.

How many witnesses do I need to sign my will?

Most states require two disinterested witnesses—adults who do not inherit under the will. Vermont requires three witnesses.

What happens if I move to another state after making a will?

Is a notarized will better than a witnessed will?

Notarization does not replace witnesses in most states but creates a "self-proving affidavit" that speeds probate. Witnesses sign a statement before a notary affirming they watched you sign; during probate, the court accepts this affidavit instead of requiring live witness testimony.

Can I disinherit my spouse or children without a lawyer?

State law limits disinheritance. Most states grant a surviving spouse an "elective share"—typically one-third to one-half of the estate—regardless of will language.

When should I use a lawyer instead of making my own will?