How to Make a Will Without a Lawyer

Making a will does not always require hiring an attorney.

For someone with a relatively straightforward situation, it may be possible to prepare a legally effective will using a reliable state-specific will form, reputable will-making software, or another properly designed resource.

The important word is properly.

Creating a document that says what you want is only part of the process. You also need to make sure the document satisfies the legal requirements that apply where you live and that it actually addresses your circumstances.

Nolo explains that many people can make a basic will without a lawyer, while more complicated situations may justify professional assistance.

This guide explains how to make a will without a lawyer in a practical sequence—from preparing your information to signing and storing the finished document.

Important: This is general legal information for U.S. readers. Will requirements differ by state, and a DIY approach may not be appropriate for every situation. This article is educational and does not create an attorney-client relationship.

Can You Write a Will Without a Lawyer?

Yes.

In many situations, you can write a will without a lawyer.

There is no general rule requiring an attorney to prepare your Last Will and Testament. A person with straightforward estate-planning needs may be able to prepare a basic will independently.

The key issue is not whether a lawyer typed the document.

The key issue is whether the completed will satisfies the applicable legal requirements and accurately expresses your intentions.

For example, a person with:

• A home
• A vehicle
• Bank accounts
• Personal belongings
• A straightforward family structure
• Simple beneficiary choices

may have relatively uncomplicated testamentary needs.

By contrast, a person with complicated family relationships, significant business interests, substantial assets, or concerns about potential disputes may need more individualized advice. Nolo identifies several such situations where consulting a lawyer can be appropriate.

So the better question is not:

“Can I make a will without a lawyer?”

It is:

“Is my situation simple enough that I can prepare and properly execute my will without individualized legal assistance?”

Do You Need a Lawyer to Make a Will?

Generally, you do not automatically need a lawyer to make a will.

A lawyer can provide valuable assistance, but legal representation is not the only way a person can create a will.

For a straightforward will, you may be able to use:

• A state-specific statutory will form, where available
• A reputable will-making program
• A professionally prepared template
• A legal document service that provides appropriate instructions

Nolo’s current guidance explains that DIY wills can be a reasonable option for people with simple estates and planning goals, provided the document is properly completed and executed.

However, avoid confusing “I can do this myself” with “I can use any free will form I find online.”

Those are very different propositions.

When Making a Will Without a Lawyer May Make Sense

A DIY approach may be worth considering when your situation is relatively straightforward.

For example, you may be comfortable preparing your own will if:

• You know what property you own.
• You know who you want to inherit.
• Your family circumstances are straightforward.
• You can clearly identify your beneficiaries.
• You can choose a suitable executor.
• You do not anticipate a dispute over your estate.
• You do not need complicated trust arrangements.
• You understand the importance of following your state’s execution rules.

A basic will can often accomplish straightforward goals such as distributing property, naming an executor, and nominating a guardian for minor children.

But these are general indicators—not a legal determination that a DIY will is suitable for you.

When You Should Consider a Lawyer

There are circumstances in which trying to handle everything yourself may create unnecessary risk.

Consider professional legal advice if you have:

• A complicated family structure
• Multiple marriages
• Children from different relationships
• A plan to substantially disinherit a spouse
• Significant business interests
• Complex property ownership
• Substantial assets
• Concerns about estate taxes
• A beneficiary with special needs
• Concerns about someone challenging the will
• Questions about your mental capacity or potential undue influence
• Property or legal issues spanning multiple jurisdictions

Nolo specifically identifies situations involving complicated property arrangements, business ownership, long-term planning for beneficiaries, anticipated will contests, and substantial disinheritance as circumstances where legal help may be appropriate.

You also do not necessarily have to choose between “do everything yourself” and “hire a lawyer for everything.”

Another option is to prepare the basic information yourself and then pay for a lawyer to review the finished document.

That can be a practical middle ground.

Step 1: Check Your State’s Will Requirements

Before writing anything, determine the legal requirements that apply in your state.

This is one of the most important steps.

Will laws are not identical across the United States.

Requirements can differ concerning:

• Witnesses
• Witness qualifications
• Signatures
• Notarization
• Self-proving affidavits
• Handwritten wills
• Electronic wills
• Statutory forms
• Special circumstances

The American Bar Association explains that formal execution requirements generally include signing the will and having witnesses, although state-specific rules and exceptions exist.

Do not wait until after you have written your will to discover how it must be executed.

Know the requirements first.

Step 2: Gather Your Personal Information

Before drafting the document, gather the information you will need.

This can include:

• Full legal name
• Current address
• Marital status
• Names of children
• Names of intended beneficiaries
• Contact information for proposed executor
• Contact information for backup executor
• Information about minor children
• Relevant information about significant assets

The purpose is not to turn your will into an inventory of every possession you own.

It is to make sure you understand your circumstances before deciding how your estate should be distributed.

Step 3: Make an Asset List

One of the most useful preparation steps is creating a basic asset inventory.

Consider:

Real Estate

List homes, land, and other real property you own.

Bank Accounts

Identify checking, savings, certificates of deposit, and similar accounts.

Investments

Consider brokerage accounts and other investments.

Vehicles

Include cars, motorcycles, boats, or other valuable vehicles.

Personal Property

Consider valuable jewelry, artwork, collections, furniture, family heirlooms, and similar property.

Business Interests

Identify ownership interests in companies or partnerships.

Other Valuable Assets

Think about any significant property that might otherwise be overlooked.

However, do not assume that every asset listed on your inventory will ultimately pass through the will.

Some assets may pass through beneficiary designations, joint ownership, trusts, or other mechanisms.

Nolo specifically advises that when preparing a will, you should identify assets and consider which property will pass by other methods.

Step 4: Determine What Actually Passes Through Your Will

This is where many DIY will-makers make an important mistake.

They assume:

“If I own it, my will controls it.”

That is not necessarily true.

Certain assets may pass according to separate legal arrangements.

Examples can include:

• Retirement accounts with named beneficiaries
• Life insurance with beneficiary designations
• Certain payable-on-death accounts
• Certain transfer-on-death arrangements
• Property owned jointly with survivorship rights
• Property held through a trust

Your will may not override those arrangements.

That means your asset inventory should be more than a list.

For each major asset, ask:

How is this property currently owned, and how is it intended to transfer at death?

That question can prevent inconsistencies between your will and your other arrangements.

Step 5: Decide Who Should Inherit

Next, identify your beneficiaries.

Ask:

• Who should receive my property?
• Should one person receive everything?
• Should several people share equally?
• Should particular assets go to particular people?
• What happens if a beneficiary dies before me?

Do not stop after identifying your first-choice beneficiaries.

Think about backup outcomes.

For example:

“If my primary beneficiary does not survive me, who should receive the property instead?”

This is one of the practical decisions that makes a will more complete.

Step 6: Decide Whether to Make Specific Gifts

You may want to leave particular property to particular people.

For example:

• A family heirloom to one child
• A vehicle to another person
• A particular cash gift to a beneficiary

Specific gifts should be described carefully enough that there is little unnecessary uncertainty about what you mean.

For example, saying:

“I leave my blue car to Alex.”

could become unclear if you own two blue vehicles.

A better description may identify the vehicle more precisely.

But do not overcomplicate the document by attempting to list every ordinary household item unless there is a specific reason to do so.

Step 7: Decide Who Gets the Residuary Estate

The residuary estate generally refers to property remaining after specific gifts and other applicable estate obligations or distributions.

This provision is extremely important.

Why?

Because you will probably acquire or own property that you did not specifically identify in your will.

A residuary clause provides instructions for that remaining property.

For example, conceptually:

“I leave the remainder of my estate to [beneficiary].”

The precise wording should come from an appropriate state-specific resource or professional advice rather than being copied blindly from an unrelated document.

Step 8: Choose an Executor

An executor is the person you nominate to administer your estate.

Think carefully about this choice.

A good candidate should generally be:

• Trustworthy
• Organized
• Responsible
• Available when needed
• Comfortable handling paperwork
• Able to communicate with beneficiaries

You should also consider naming an alternate executor.

Why?

Because your first choice may:

• Die before you
• Become unable to serve
• Decline the appointment
• Become unavailable

Having a backup can reduce uncertainty.

Step 9: Consider Guardianship for Minor Children

If you have minor children, the will can be an important place to nominate a preferred guardian, subject to applicable law and court involvement.

Consider:

• Who should care for your children?
• Who could realistically provide long-term care?
• Does that person agree to the responsibility?
• Who should be the backup guardian?

Do not choose someone merely because they are a close relative.

Consider practical suitability.

A person may be emotionally close to your child but unable or unwilling to provide the required care.

Also distinguish between:

Guardian of the child

and

Person managing property inherited by the child.

Depending on the circumstances and state law, those responsibilities may involve different considerations.

Step 10: Choose a Reliable Will-Making Method

Once you know what you want your will to accomplish, choose how you will prepare it.

Possible options include:

State-Specific Form

Some states provide statutory will forms.

Reputable Will-Making Software

Software can guide users through questions and generate a document based on their answers.

Legal Template

A professionally prepared template can provide a framework.

Lawyer Review

You can prepare the document yourself and have an attorney review it.

The quality of the resource matters.

Nolo’s current guidance on will templates emphasizes that a trustworthy template should provide clear instructions, explain relevant options, help with finalization, and identify situations in which legal assistance may be appropriate.

Avoid relying on a random document simply because it appears near the top of a search engine.

Step 11: Make Sure the Document Matches Your State

A common DIY mistake is downloading a will form from another state.

The document may look professional.

It may even contain sophisticated legal language.

That does not mean it is appropriate where you live.

Before using a template, check:

• Which state it was designed for
• Whether it reflects current law
• Whether it explains execution requirements
• Whether it includes appropriate witness provisions
• Whether it addresses relevant state-specific rules
• Whether it provides instructions for completing the document

State-specific law should take priority over generic internet wording.

Step 12: Complete the Will Carefully

When filling out the document, slow down.

Check every name.

Check every beneficiary.

Check every specific gift.

Check the executor and alternate executor.

Check the residuary provision.

Then read the document as if you were someone who had never spoken to you before.

Ask:

Could another person reasonably misunderstand what I mean?

If the answer is yes, stop and reconsider the wording.

A will should not require your future executor to guess what you intended.

Step 13: Follow the Signing Requirements

This is where a draft becomes an executed will.

The execution process matters.

The American Bar Association explains that formal execution generally involves signing the will and having at least two adult witnesses observe the process, subject to applicable state law and exceptions.

Nolo similarly explains that executing a will involves signing it and completing the required witnessing formalities.

Do not treat the signature page as an afterthought.

Before signing:

• Confirm how many witnesses are required.
• Confirm who qualifies as a witness.
• Confirm whether witnesses should be disinterested.
• Confirm whether everyone must sign in each other’s presence.
• Confirm whether a notary is needed for any accompanying affidavit.
• Follow the exact instructions for your state.

Step 14: Understand the Difference Between Witnesses and a Notary

One common misconception is:

“If I notarize my will, it automatically becomes legal.”

That is not generally correct.

A notary and a witness serve different functions.

In many states, notarization is not itself the basic requirement that makes an ordinary will valid.

A self-proving affidavit, however, may be notarized and can make later probate proceedings easier by helping establish the authenticity of the will and its execution.

Nolo explains that a will generally does not have to be notarized simply to become legally binding, while a notarized self-proving affidavit can help simplify probate.

Therefore, understand exactly what your state’s rules require before arranging the signing ceremony.

Step 15: Keep the Original Safe

After signing your will, storage becomes important.

A valid will that nobody can find can create practical problems.

Choose a location that is:

• Secure
• Protected from damage
• Accessible to the appropriate person
• Known to your executor or another trusted person

Possible locations may include:

• A secure home document file
• A safe
• A professional document-storage arrangement
• Another appropriate location recognized by your state or estate-planning system

The key is not merely security.

It is secure and discoverable.

Nolo recommends keeping the will in a safe, accessible place and making sure the executor knows where it is located.

Step 16: Tell Your Executor Where the Will Is

Your executor does not necessarily need to carry a copy around.

But they should know:

That the will exists.

Where the original is located.

How to access it when needed.

This simple step can prevent a major problem later.

Imagine that your executor knows you had a will but cannot locate it after your death.

The estate could face unnecessary uncertainty.

You can also tell a trusted person where important estate documents are stored.

Step 17: Review the Will Before You Consider It Finished

Do not immediately print and sign the document after completing the first draft.

Read it again.

Then check:

Personal Information

Is your legal name correct?

Beneficiaries

Are all intended beneficiaries correctly identified?

Executor

Is the executor still your preferred choice?

Alternate Executor

Do you have a backup?

Property

Are significant gifts accurately described?

Residuary Clause

Is the remainder of your estate addressed?

Children

Are guardianship provisions needed?

Execution

Have you confirmed your state’s signing requirements?

This review can catch mistakes before the document becomes legally operative.

Step 18: Do Not Confuse a Will With Every Other Estate Document

A will is important, but it does not do everything.

For example, a will generally deals with property and other testamentary instructions that take effect after death.

It is not the same thing as a living will or a power of attorney.

Because this article is specifically about making a will without a lawyer, avoid adding unrelated documents to your DIY project simply because they appear in the same search results.

If you need additional legal documents, determine separately what they do and what requirements apply to them.

Step 19: Keep Beneficiary Designations Consistent

This is one of the most practical checks you can perform after creating your will.

Review accounts that have beneficiary designations.

For example:

• Retirement accounts
• Life insurance
• Payable-on-death accounts
• Transfer-on-death arrangements

Suppose your will says:

“Everything goes to my daughter.”

But your retirement account still names your former spouse as beneficiary.

You could have two different sets of instructions operating through different legal mechanisms.

That is why creating the will should trigger a broader consistency review of the assets that matter.

Step 20: Know When to Stop Doing It Yourself

A DIY process is not a test of independence.

If you encounter a question you cannot confidently answer, getting legal assistance may be the most efficient option.

For example, if you discover:

• Complicated family relationships
• Significant tax concerns
• Business ownership issues
• A potential will contest
• Questions about capacity
• Complex trusts
• Substantial disinheritance concerns

then continuing to guess may be more expensive than obtaining professional advice.

Nolo notes that even people who initially prepare their own wills may benefit from consulting a lawyer when their circumstances become more complex.

How to Make a Will Without a Lawyer in Texas

One of the secondary searches associated with this topic is how to make a will in Texas.

The important point is that a Texas-specific process should not simply be copied from a general nationwide article.

If you live in Texas, use a current Texas-specific resource and verify the state’s requirements concerning:

• Will execution
• Witnesses
• Holographic wills
• Self-proving affidavits
• Other applicable formalities

The same principle applies to every state.

A general DIY process can explain the workflow, but state law determines the legal details.

How to Write a Will Without a Lawyer: The Practical Workflow

If you want the entire process in condensed form, use this sequence:

1. Identify your state.

↓

2. Check current will requirements.

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3. Inventory significant assets.

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4. Identify assets that pass outside the will.

↓

5. Choose beneficiaries.

↓

6. Choose alternate beneficiaries where appropriate.

↓

7. Decide on specific gifts.

↓

8. Decide who receives the residuary estate.

↓

9. Choose an executor and backup.

↓

10. Consider guardianship nominations for minor children.

↓

11. Choose a reliable state-appropriate will-making method.

↓

12. Complete the document carefully.

↓

13. Review every provision.

↓

14. Execute the will according to state requirements.

↓

15. Consider a self-proving affidavit if appropriate.

↓

16. Store the original safely.

↓

17. Tell the executor where it is.

↓

18. Review the will after major life changes.

This is the practical sequence a DIY will-maker should think through.

How to Update a Will Without a Lawyer

The strategy also includes the keyword how to update a will without a lawyer.

The basic principle is similar to creating the original document:

First determine what changed.

Then determine the legally appropriate way to make the change.

Common reasons for reviewing a will include:

• Marriage
• Divorce
• Birth or adoption of a child
• Death of a beneficiary
• Death or incapacity of an executor
• Major property changes
• Moving to another state
• Significant changes in family relationships

Nolo recommends reviewing a will after major life events and explains that changes can sometimes be made through a new will or a codicil, depending on the circumstances.

Do not simply write new instructions in the margin of an existing will.

Do not cross out a beneficiary and assume the change is effective.

Do not attach an informal note and assume it automatically changes the legal document.

If you are updating a will yourself, use the legally recognized method for making the change in your jurisdiction.

Should You Use a New Will or a Codicil?

A codicil is an amendment to an existing will.

It can be used for certain changes, but whether a codicil is the best approach depends on the situation.

For multiple or substantial changes, preparing a new will can sometimes be clearer than trying to modify an old document.

Nolo notes that although codicils can be used to amend wills, creating a new will is often the better approach.

The important point for a DIY will-maker is:

Do not casually modify a signed will.

Follow the applicable legal process for amendments.

What a DIY Will Should Not Try to Do

A common mistake is attempting to make one simple will solve every estate-planning issue.

A will generally should not be treated as a universal tool for:

• Complex trust planning
• Detailed tax planning
• Every type of asset transfer
• Medical-care instructions
• Financial powers of attorney
• Complex business succession
• Every type of beneficiary arrangement

Nolo explains that certain assets and instructions may operate outside a will and that some goals require different legal mechanisms.

The purpose of this article is therefore narrow:

How to prepare a basic will yourself while recognizing where the DIY approach may stop being appropriate.

Common Mistakes When Making a Will Without a Lawyer

Mistake 1: Using the First Free Form You Find

Free does not necessarily mean appropriate.

Check the source, jurisdiction, date, and instructions.

Mistake 2: Ignoring State Requirements

A will can fail because execution formalities were not followed.

Mistake 3: Forgetting the Residuary Clause

Specific gifts may not address everything.

Mistake 4: Failing to Name an Alternate Executor

Your first choice may not be able to serve.

Mistake 5: Choosing Witnesses Without Checking the Rules

Witness eligibility matters.

Mistake 6: Assuming Notarization Is Enough

A notary does not automatically replace required witnessing.

Mistake 7: Mixing a Handwritten Note Into a Typed Will

Informal changes can create uncertainty.

Mistake 8: Forgetting Beneficiary Designations

Your will may not control every asset.

Mistake 9: Keeping the Will Secret

Your executor needs to know where the original is stored.

Mistake 10: Never Reviewing the Will Again

Life changes.

Your will should not remain frozen while your family and assets change around it.

DIY Will Checklist

Before signing, work through this checklist.

Preparation

• ☐ I know which state’s law applies.
• ☐ I have checked the current execution requirements.
• ☐ I have reviewed my significant assets.
• ☐ I know which assets may pass outside the will.

Beneficiaries

• ☐ I have identified my beneficiaries.
• ☐ I have considered alternate beneficiaries.
• ☐ Specific gifts are clearly described.
• ☐ The residuary estate is addressed.

Executor

• ☐ I selected an executor.
• ☐ I selected an alternate executor.
• ☐ Both choices are realistically capable of serving.

Children

• ☐ I considered guardianship if I have minor children.
• ☐ I considered a backup guardian.
• ☐ I considered how inherited property for minor children will be managed.

Document

• ☐ I used a reliable state-appropriate resource.
• ☐ I checked names and identifying information.
• ☐ I read the entire document.
• ☐ My instructions are clear.

Execution

• ☐ I know how many witnesses are required.
• ☐ My witnesses meet applicable requirements.
• ☐ Everyone signs in the required manner.
• ☐ I understand whether a self-proving affidavit is available or useful.

Storage

• ☐ The original is stored safely.
• ☐ My executor knows where it is.
• ☐ I know when I should review it again.

Frequently Asked Questions

Can you write a will without a lawyer?

Yes. Many people with straightforward circumstances can create a basic will without an attorney, provided they follow the legal requirements applicable in their state.

Do you need a lawyer to make a will?

No, not automatically. Whether you should use one depends on the complexity of your circumstances and your comfort with handling the applicable legal requirements.

How do I make a will without a lawyer?

Generally, identify your state’s requirements, gather your personal and asset information, choose beneficiaries and an executor, prepare the document using a reliable state-appropriate resource, execute it according to state law, and store the original safely.

Can I make my own will?

Yes, in many circumstances. A basic will can often be prepared without an attorney, but it must still satisfy applicable legal requirements.

Is a DIY will legally valid?

It can be. A will does not become invalid merely because an attorney did not prepare it. The important issue is whether the document satisfies the legal requirements that apply to it.

Does a will have to be notarized?

Not necessarily. Notarization is generally distinct from the basic execution requirements for a will. A self-proving affidavit may be notarized in many states to simplify later probate proceedings.

How many witnesses do I need for a will?

Many states require two witnesses for an ordinary formal will, but the exact rules and exceptions vary by jurisdiction. Verify your state’s requirements before signing.

Can I make a will online without a lawyer?

You may be able to use an online will-making service or software, but the resource should be appropriate for your state and current law. You should understand the execution instructions rather than assuming that completing an online questionnaire automatically creates a valid will.

Can I make a will in Texas without a lawyer?

Texas allows individuals to create wills without necessarily hiring an attorney, but Texas-specific requirements should be followed. A general national DIY checklist should not be treated as a substitute for current Texas rules.

Can I update a will without a lawyer?

Potentially. Depending on the change and applicable law, you may be able to update your will yourself using a new will or an appropriate amendment. Significant or complicated changes may justify professional review.

Can I change my will by writing on it?

Do not assume that handwritten changes to a signed will are legally effective. Use the legally recognized amendment or replacement process applicable to your jurisdiction.

What happens if I make a mistake in my DIY will?

The consequences depend on the mistake and state law. A drafting or execution error can potentially make a provision ineffective or create uncertainty during probate.

Is a handwritten will the same as a DIY will?

No. A DIY will describes who prepares the document, while a handwritten or holographic will describes the physical form and, in some jurisdictions, a specific legal category. Your WillMastery article on handwritten wills covers that subject separately.

Should I have a lawyer review my DIY will?

It can be worthwhile, particularly if you have any unusual family, property, business, or inheritance circumstances. A review can also provide reassurance that the document was prepared and executed appropriately.

Final Takeaway

Learning how to make a will without a lawyer is less about finding a document and filling in blanks and more about following a deliberate legal process.

Start with your state’s requirements.

Then:

1. Gather your personal information.
2. Inventory your significant assets.
3. Identify which assets may pass outside the will.
4. Choose your beneficiaries.
5. Consider specific gifts.
6. Address the residuary estate.
7. Choose an executor and backup.
8. Consider guardianship for minor children.
9. Use a reliable state-specific will-making resource.
10. Review the completed document carefully.
11. Execute it according to applicable law.
12. Store the original securely.
13. Tell your executor where it is.
14. Review it after major life changes.

A lawyer is not automatically required simply because the document is legally important.

But DIY should not mean guessing.

If your circumstances are simple and you use a reliable, current, state-appropriate resource, preparing a basic will yourself may be a practical option. If your circumstances are complicated or you are unsure about an important legal issue, obtaining professional advice can be the safer route.

The goal is not merely to create a document.

The goal is to create a document that clearly expresses your wishes and is executed in a way that can withstand the legal process that follows your death.