how to make will wo lawyer

When it comes to how to make a will, you have several choices. You can: Hire a lawyer. Many people choose to hire a lawyer to make their estate plan, and this is unequivocally the best choice if you need or want personalized legal advice--and you can afford to pay. Use a statutory form.

Full Answer

What kind of lawyer do I need to make a will?

When you are looking to hire someone to draw up a will, you need to go to someone who works as a probate attorney, or an estate planning attorney. These types of lawyers have knowledge and experience in trust administration, probate, estate planning, elder care, and special needs issues that surpass general family law practitioners.

Do I need an attorney to create a will?

While there is no legal requirement that you work with an estate planning attorney when you create your Will, there are several important reasons why you should do so anyway, including: Deficiencies on form – when you use a DIY legal form of any kind you run a high risk of ending up with a form that has errors or deficiencies. In the case of a Will, many of the DIY forms are out of date, lack state specific requirements, or fail to provide for the required form of execution.

Do you need a lawyer to make your will?

The answer depends on your situation. If you're like most people, you won't need a lawyer. With good do-it-yourself materials, it's not difficult to make a will that takes care of basic concerns, such as leaving a home, investments, a small business, and personal items to your loved ones.

How to create a will without a lawyer?

FreeWill lets you make your last will and testament quick, easy, and completely free. It is a simple online legal will maker that helps you compile will forms to print and sign, or to take as a basic will template to an estate planning lawyer. FreeWill is built alongside will making experts.

What Are the Steps to Make a Will?

Decide what property to include in your will Decide who will inherit your property Choose an executor to handle your estate Choose a guardian for y...

Do I need a lawyer to make a will?

Most people can safely make a will with good do-it-yourself materials. If you have complex business holdings, complicated debt, or serious family c...

Can you disinherit someone in your will?

With few important exceptions, you can leave your property to whomever you want. And you can use your will to explicitly disinherit specific people...

Can someone challenge my will after I die?

Very few wills are ever challenged in court. When they are, it's usually by a close relative who feels somehow cheated out of a share of the deceas...

What information will you need when making a will?

When making your will, you may have to do some prep work to collect specific information. For example, depending on your circumstances, you may nee...

Does your will need to be notarized?

No, to make your will valid, you do not need to have it notarized. You do need to have two witnesses sign it, however. In many states, there is als...

What happens if I die without a will?

If you don't make a will or use some other legal method to transfer your property when you die, state law will determine what happens to your prope...

How can I update my will?

As long as you are alive, you can update your will. If your changes are relatively simple and can be clearly stated, you can use a codicil. A codic...

Can I revoke my will?

You can revoke your will at any time. The best way to revoke your will is to make a new one that revokes your former wills.

1. Choose an Executor

The executor, or personal representative, is the person who will be in charge of handling your estate. This should be someone you trust and who is responsible and organized—administering an estate involves a lot of paperwork.

2. Make Records of Your Property, Including Debt

A will can cover any real and personal property of the testator, so make a comprehensive list to work from while you decide who gets what.

3. Choose Your Beneficiaries

Beneficiaries are the people who will inherit your real and personal property according to your will. You should also name alternate beneficiaries in case your primary beneficiaries pass away before you.

4. Consider What Will Happen to Your Children

When a parent passes away, the other parent usually gets custody of the minor children, but if the other parent has passed away or lacks capacity then it's important to nominate someone to step in.

5. Make Sure Your Pets Have a Home

For many people, pets are members of the family, but under the law, they are personal property. In your will, you can include a provision detailing who should take responsibility for your pets, as well as any special care instructions.

6. Protect Your Digital Legacy

It's important to consider what you would like to happen to your social media, important accounts you use, and websites you maintain once you're gone. Be sure that you share any relevant login information, such as passwords or security questions, with the appropriate people.

8. Change or Update Your Will as Needed

If you need to make changes to your will, you can amend it by adding a codicil that bears your signature and any relevant witness signatures as set forth by state laws. You can also rewrite your will completely if it needs more than a minor change.

How to Write a Will Yourself

If you decide to write your own will, you'll probably want some help creating your document, you'll want to know what to include, and you'll want to know how to make it legal.

Having a Lawyer Write Your Will

If you decide that your situation is too complicated to write your own will, or if you would just rather have a professional do it, then you'll need a lawyer's help. But hiring a lawyer doesn't mean you need to hand over the entire process or spend an outrageous amount of money. Instead, you can educate yourself about the law.

Where to Make Your Will Online

Most households can make an online will in less than 15 minutes. You can appoint guardians for your children and choose an executor.

Are Online Wills Valid?

Online wills can be legally binding once you print them and have several signatures.

Summary

These online will makers can be the easiest way to get a legally binding last will and testament. Making your will online instead of hiring a local lawyer helps you save money .

Who Will Be Your Beneficiaries?

When you are ready to write your last will, think about who among your loved ones you would like to inherit real and/or personal property from you.

What Are Your Assets?

Make a list of significant assets you will want to leave to loved ones. Start with the big stuff like houses, vehicles, and family businesses, and then work your way down to smaller items like jewelry or family heirlooms.

List Your Debts

Make a list of all of your debts, including but not limited to the following:

Name an Executor

The person who will handle your estate and the provisions in your will is called the executor. You designate this person in the will.

Who Will Be Your Guardians?

If you have minor children, your will is the perfect place to name a guardian for them should their other parent be unable to care for them for whatever reason (including if both parents die at the same time).

After You've Made Your Will

As you can see, making a will doesn’t have to be a complicated or time-consuming task. With a little bit of planning, you'll have all the information you need to do it. You might even be able to simply enter it into a last will and testament form to create a valid will.

1. List out your assets

Your estate is the collection of everything you own when you die, so you can start preparing your will by making a list of all your property and assets. You don’t need to list out every single one of your belongings — you can pass low-value items as personal property in your will as the residuary estate.

2. Account for debts and taxes

As part of your will preparation, you may want to do some accounting and think about what debts you have and when you might pay them off. You don’t need to include your debts in your will; just know that any debts of the estate must be repaid or settled before assets can be disbursed to your heirs.

3. Choose your beneficiaries

The most important part of the will is to name beneficiaries for your things. A beneficiary can be a family member or friend, a business, or even a charity. You can name a single beneficiary for everything or you can name multiple beneficiaries.

4. Appoint an executor

Once you pass away, you’ll need someone to carry out the terms of your will. This person is called the executor and they will be in charge of managing your estate and ultimately distributing the assets to the right people. The executor has many duties to fulfill which might require a bit of time, depending on the complexity of your estate.

5. Name a guardian

If you have any minor children, you should name someone to take care of them after you’ve gone. Failing to name a guardian leaves the decision up to the court and they may not pick who you wanted.

6. Gather your witnesses

It’s a common requirement for a will to be signed by two witnesses. Many states often suggest that the witness of a will is someone that is not named as a beneficiary. Deciding who you want to act as witnesses during your will preparation can save you time later during the process of making your will self-proved and notarizing it .

Additional estate planning tools

In addition to preparing a will, there are some other essential estate planning document you should consider getting to complete your estate plan.

Other FreeWill products

Use an advance healthcare directive, or living will, to specify your healthcare wishes and appoint someone to make decisions on your behalf if you’re unable.

Trusted by thousands

Writing your own will can feel daunting — that’s why we worked with the nation's top legal experts to create our interactive online will maker. Enter your information, and we'll create a last will and testament customized to your wishes.

Why is FreeWill free?

You'll never have to pay for a document you create or download on FreeWill.

How FreeWill works

Just follow the step-by-step instructions to fill out the necessary information for your forms.

Leave a lasting legacy

We’re on a mission to help people plan for the future while doing the most good for the people and causes they care about.

Frequently asked questions

You can update your documents on FreeWill at any time, free of charge. We know life is always changing, and we're here to help you keep your wishes up to date.