Creating a will doesn’t have to be complicated or expensive. Many people wonder: Can I write my own will and still make it legally valid? The answer is yes — but only if you follow specific rules based on your state’s laws.
This guide compares DIY wills vs lawyer-created wills, explains when you can safely write your own, and helps you decide which option fits your needs.
Can You Legally Write Your Own Will?
Yes. In most states, you are allowed to write your own will — either by hand, using a template, or through online tools. A self-written will is often called a holographic will if it’s entirely handwritten and signed.
But just because it’s legal doesn’t mean it’s always the best choice. The key is making sure your DIY will meets all legal requirements so it holds up in probate court.
Pros and Cons of Writing Your Own Will
Pros
- Low cost or free
- Quick to complete
- No attorney involvement required
- Ideal for simple estates or single beneficiaries
Cons
- May not meet your state’s legal standards
- Easy to make critical mistakes
- No legal advice or guidance
- Can lead to confusion or disputes after death
When a DIY Will Might Work
A do-it-yourself will might be suitable if:
- You have a small estate
- You want to leave everything to one person (e.g., your spouse)
- You don’t have minor children or complex guardianship needs
- You are confident in your ability to follow instructions carefully
Online will platforms like Nolo, Trust & Will, or LegalZoom can walk you through the process, often with state-specific templates.
When You Should Hire a Lawyer
A lawyer-drafted will is strongly recommended when:
- You have minor children and need to name a guardian
- Your estate is large, complicated, or involves multiple heirs
- You own property in more than one state
- You want to reduce estate taxes or avoid probate
- You’re concerned about someone contesting the will
An estate planning attorney can help you avoid legal traps, clarify your wishes, and create a document that will stand up to court scrutiny.
What Makes a Will Legally Valid?
Regardless of who writes the will, it must meet the following standards:
- You must be at least 18 years old and mentally competent
- The will must clearly state it’s your final will and testament
- It must name beneficiaries and specify what they receive
- It must be signed and dated by you
- Most states require two witnesses (not named in the will)
- Some states require a notary or self-proving affidavit
If these conditions aren’t met, a court may reject your will — even if your intentions were clear.
Can You Change a DIY Will Later?
Yes. Any will — DIY or attorney-prepared — can be changed or replaced at any time, as long as you are of sound mind. You can either:
- Create a codicil (a formal amendment to your will), or
- Write a new will and clearly revoke the previous one
Just make sure your new version meets all legal standards and is stored in a safe, accessible place.
What Happens If a DIY Will Fails in Court?
If your self-written will is found invalid, your estate may be handled as if you died intestate (without a will). That means:
- State law will decide who inherits
- Unnamed heirs may receive property you intended for others
- A court-appointed administrator (not your chosen executor) will handle your estate
- Family disputes may arise
That’s why it’s so important to make sure your DIY will is done right — or to hire a lawyer if there’s any uncertainty.
Final Thoughts: DIY vs Lawyer-Created Wills
So, can you write your own will? Absolutely — if your situation is simple, and you’re careful to follow your state’s legal requirements. DIY wills can save money and work well for basic estates. But if your situation is more complex, investing in legal help offers peace of mind and protects your loved ones from future legal headaches.
When in doubt, start with a basic draft and review it with an estate planning professional.
🧠 You May Wanna Check Out
- How to Create a Legally Binding Will: Step-by-Step Guide
- What Happens If You Die Without a Will?
- How to Choose an Executor for Your Will
Frequently Asked Questions
Is a handwritten will valid?
In many states, yes — but it must be signed, dated, and often witnessed. These “holographic wills” can be legally risky if not done correctly.
Do I need to notarize a will?
Most states don’t require notarization, but a self-proving affidavit (signed with a notary) can make the probate process faster and easier.
Can I use a free template for my will?
Yes, but make sure it follows the laws of your specific state. Generic templates often miss key legal requirements.
