Important: This article provides general educational information about making a will. It is not legal advice. Will requirements vary by state, so verify the current rules where you live.
Can You Make a Will Without a Lawyer?
In many states, a person can create a will without hiring a lawyer, provided the document meets the state’s legal requirements. Those requirements can include testamentary capacity, a written document, signatures, and witnesses or other formalities.
A do-it-yourself will can be straightforward in some situations, but mistakes can create disputes or prevent a document from being recognized as intended.
How to Make a Will Without a Lawyer
1. Check Your State’s Requirements
Start with the current statute or official court guidance for the state where you live. Requirements for signing and witnessing a will are not identical across the United States.
2. List Your Assets and Debts
Make an inventory of real estate, bank accounts, investments, vehicles, personal property, business interests, and significant debts. This helps you understand what your will can and cannot control.
3. Identify Your Beneficiaries
Decide who should receive the property governed by the will. Include full names and relationships where appropriate so the intended beneficiaries can be identified clearly.
4. Choose an Executor
Name a person you trust to administer your estate, subject to the requirements of your state. Consider naming an alternate in case the first person cannot serve.
5. Address Guardianship if Relevant
If you have minor children, your state may allow a will to nominate a guardian. A court may still make the final appointment under applicable law.
6. Follow the Signing and Witness Rules
This is one of the most important steps. Follow the current state requirements for signatures, witnesses, notarization, or other formalities exactly.
7. Store the Original Safely
Keep the original in a secure but accessible location and make sure the person who will administer the estate knows how to locate it.
What a Will Usually Does Not Control
A will generally does not override every other method of transferring property. Joint ownership, beneficiary designations, payable-on-death accounts, transfer-on-death arrangements, and properly funded trusts may operate separately from the will.
Common DIY Will Mistakes
- Using an outdated form that does not match current state law.
- Failing to follow witness or signature requirements.
- Leaving beneficiary designations inconsistent with the estate plan.
- Using unclear language that creates uncertainty.
- Failing to update the will after marriage, divorce, births, deaths, or major changes in assets.
When Professional Advice May Be Appropriate
Consider professional legal advice when an estate involves significant assets, a business, blended-family issues, special-needs planning, tax concerns, real estate in multiple states, or potential family disputes.
Frequently Asked Questions
Is a handwritten will valid?
Some states recognize handwritten wills under specific conditions, while others impose different requirements. See our guide on handwritten wills and verify the current law in your state.
Does a will avoid probate?
Generally, a will does not eliminate probate. Probate may be the process used to administer assets governed by the will.
Can I change my will later?
Generally, yes, provided you have the legal capacity and follow the applicable requirements for changing or replacing the will.
Related Guides
- Will vs. Living Trust: Which Do You Need?
- How Much Does a Will Cost?
- What Happens If You Die Without a Will?
Sources
Verify current requirements using the applicable state statutes and official court resources. The American Bar Association’s wills and estates resource provides additional general information about wills and trusts.
Last reviewed: October 2, 2026
Next review due: October 2, 2027
Legal disclaimer: This content is for general information only and is not legal advice. Laws vary by state and change. Consult a licensed attorney for advice about a specific estate.