Doing your will without an attorney is simple and affordable on will writing platforms like wills.com. We understand that writing this document can be a daunting task that most people put off for years, which is probably why over 2/3th of the country's population dies without a valid will in place. Which is why we have put together this step-by-step guide, where we will show you how to make a will without the need for an attorney, all from the comfort of your home.
Whether you want to make sure that your house and other hard earned assets end up in the right hands after you pass. Appoint guardians for your children to ensure the right person takes care of them in the event of you and your spouse's passing. Or you wish to make sure that some people are excluded from receiving anything, which also needs to be specified in your will. A will is absolutely necessary.
Wills.com’s will creation tool is made for even the least tech savvy to ensure anyone can make their will online, and in this article you'll gain a clear understanding of the legal requirements for creating a will, as well as the key components to include. We'll walk you through the process of identifying your beneficiaries, selecting an executor, and outlining your specific bequests. And importantly, we will provide helpful tips to avoid common pitfalls and ensure your will is legally binding.
Making a will takes on average just 15 minutes out of your day. So Don't procrastinate on an important task like doing yours. With this comprehensive guide, you'll have the knowledge and confidence to write your last wishes and protect your legacy for generations to come.
Why is creating a will important?
Making your state specific will is the mist important document you will ever put together. One that ensures your wishes are honored and your loved ones are cared for after you're gone. A will is a legally binding contract that outlines how you want your assets and possessions to be distributed, in addition you may wish to nominate a guardian or multiple guardians if you care for underaged minors. Without a will, the state will determine how your estate is divided, which may not align with your personal preferences or ideals.
Having a will in place provides you with the peace of mind of knowing that your legacy is honored and your loved ones will be taken care of according to your ideals, ethics, religion and standards. It can prevent family disputes and ensure your assets are distributed fairly and efficiently. Additionally, a will allows you to name an executor, who will be responsible for managing your estate and executing on the wishes stipulated in your will and honoring specific instructions. This individual can be a long time friend you trust, family member, or professional, and they will have the legal authority to handle your affairs after you've passed away. You can learn more about selecting an executor in this article.
Having a state specific will In place is particularly important if you have significant assets, own a business, or have specific requirements regarding the care of your children or the distribution of your belongings. Without a will, the state in which you reside will make these decisions for you once you’ve passed away, these decisions may not align with your values or intentions. By taking as little as 15 minutes to document your wishes, you can provide your loved ones with clarity and direction during a difficult time, and ensure that your legacy is preserved according to your terms and conditions.
Understanding the different types of wills
When it comes to wills, there are several different types to consider, each with its own unique features and advantages. The most common types of wills include the:
- Last Will and Testament: our bestseller on wills.com. This is a traditional and comprehensive type of will, which enables you to specify how all your your assets and possessions should be distributed after your death. It can include provisions for the care of minor children, the naming of an executor, and the distribution of specific bequests.
- Living Will: Also known as an advance directive, a living will outlines your wishes and desires for medical treatment and end-of-life care in the event that you become incapacitated and unable to make those decisions yourself. This can include your wishes regarding life support, organ donation, and other critical healthcare matters.
- Revocable Living Trust: This type of will allows you to transfer ownership of your assets into a trust during your lifetime, which can then be distributed according to your wishes after your death. This can help avoid the probate process and provide more control over how your estate is managed.
- Joint Will: A joint will is a legal document created by a married couple, specifying how their shared assets will be distributed upon the death of one spouse. It is designed to ensure that the surviving spouse inherits the assets smoothly, minimizing legal hurdles and easing the transition of ownership. The joint will generally become irrevocable after the first spouse’s death, meaning the surviving spouse cannot alter its terms.
Potential Issues with a Joint Will
- Lack of Flexibility: Once one spouse passes away, the joint will typically become irrevocable. This means the surviving spouse cannot make any changes, even if their circumstances change, such as remarriage or new financial needs. This rigidity can lead to complications later in life.
- Difficult to Modify: If the couple’s situation changes—such as acquiring new assets, changes in relationships with beneficiaries, or the need to update provisions—the joint will does not allow easy modifications after one spouse’s death. This can limit the ability to adjust for new circumstances or preferences.
- Outdated Planning: Joint wills are often used to simplify estate planning, but they can become outdated if the couple’s financial or family situations evolve. For example, if the surviving spouse remarries or has new responsibilities, they may not be able to adapt the will to account for these changes.
- Beneficiary Disputes: A joint will can lead to conflicts between beneficiaries, especially if the surviving spouse wants to change the distribution of assets or if family dynamics change after the first spouse’s death.
- Incompatibility with Modern Estate Planning: Many estate planners now recommend using separate wills or trusts, which offer more flexibility and adaptability to changing circumstances. A joint will can be restrictive and may not account for modern financial instruments or asset management strategies.
When creating a will, it's important to carefully consider which type best aligns with your specific needs and goals. Each option has its own legal requirements and implications, so it's crucial to understand the differences and choose the approach that will provide the most comprehensive and effective protection for your assets and loved ones.
Legal requirements for creating a will without an attorney
In the twenty first century online will creation tools like wills.com are rapidly becoming the standard for estate planning in the United States and beyond. But there are still a number of legal requirements that you will need to familiarize yourself with to ensure that the will you make online is actually accepted. Like for instance you need to be of legal age and not forced by anyone to create your will. Here is a breakdown of all the legal requirements:
- Mental Capacity: being of sound mind and legally able to create one's will. This typically means you need to be at least 18 years old and not be impaired by mental illness, dementia, or other cognitive impairments. But laws do differ across the country and we have a full guide available on age requirements in this article.
- Written Document: Your will must be in writing, either typed or handwritten, and signed by you. Some states may also require the will to be notarized which is a good standard to uphold because this makes the will effectively self pricing. Furthermore Remote Online Notarisation has become common practice and is available in dozens of states across the US.
- Witnesses: Most states require that your will be signed in the presence of at least two adult witnesses who are not named as beneficiaries in the document. These witnesses must also sign the will to attest to its validity. When notarizing your will on wills.com you have the option to provide your own witnesses or request for two unbiased witnesses be provided for you during the Remote Online Notarization session.
- Proper Execution: Your will must be properly executed, meaning it was signed and witnessed in accordance with your state's specific legal requirements. Therefore it’s mandatory for all online will signings on wills.com to be performed in front of at least 2 witnesses and a state approved notary public.
- Specificity: Your will should clearly and unambiguously outline your wishes, including the distribution of your assets, the naming of an executor, and any specific instructions or bequests. On wills.com any and all assets that aren’t bequeath fall under the ready set estate.
Creating a state specific legal will has never been easier thanks to platforms like Wills.com, which are becoming the industry standard with wills.com being the go-to platform for online will creation. It simplifies the process by ensuring that your will complies with state-specific laws while offering affordability and ease of use. With built-in legal safeguards and the ability to update your will, Wills.com makes estate planning accessible and reliable without the need for an attorney.
How To Make My Will Online.
Step 1: Determining your assets and beneficiaries
The first step in creating a will without an attorney is to take an inventory of all of your assets and determine who you want to name as your beneficiaries. This will form the foundation of your will and will make the process easier and more streamlined.
Begin by making a list of all your assets, including real estate, bank accounts, investments, personal possessions, and any other valuable items you own. This also means making a list of digital assets such as cryptocurrency, nft’s, IP, social accounts or websites you own. Be sure to include the approximate value of each asset, as this information will be crucial when it comes time to distribute your estate.
Next, consider who you want to name as your beneficiaries. This could include your spouse, children, other family members, friends, or charitable organizations. Carefully think about how you want your assets to be divided and distributed, and make sure your wishes are clearly outlined. You may also want to specify who should specificall be excluded from your will.
It's important to be as specific as possible when listing your beneficiaries, including their full names and their relationship to you. This will help to avoid any ambiguity or confusion after you’ve passed. Additionally, you may want to consider naming contingent beneficiaries in case your primary beneficiaries are unable to receive their inheritance.
As you work through this step, keep in mind that your will is a legally binding document, and the decisions you make will have a significant impact on your loved ones. Take the time to carefully consider your options and ensure that your asset distribution aligns with your values and priorities.
Step 2: Appointing an executor
One of the most important decisions you'll make when creating a will is the selection of an executor. This individual will be responsible for managing your estate, distributing your assets, and ensuring that your final wishes are carried out according to your instructions.
When choosing an executor, consider someone who is trustworthy, organized, and capable of handling the various legal and financial responsibilities involved. This could be a family member, a close friend, or a professional such as a lawyer or accountant.
It's important to select an executor who is willing and able to take on the role. This may involve having a conversation with your chosen executor to ensure they understand the responsibilities and are comfortable with the task. You should also name an alternate executor in case your primary choice is unable or unwilling to serve.
The executor's duties may include:
Locating and inventorying your assets
Paying any outstanding debts or taxes
Distributing your assets to your named beneficiaries
Representing your estate in any legal proceedings
Providing regular updates to your beneficiaries
By carefully selecting an executor and outlining their responsibilities in your will, you can help ensure that your estate is managed efficiently and according to your wishes. This can provide your loved ones with peace of mind during a difficult time and help to avoid any potential conflicts or disputes.
Step 3: Putting your wishes into writing
Now that you’ve determined your assets, beneficiaries, and selected an executor, it’s time to formalize your final wishes in a legally binding will. With Wills.com, this crucial step is simplified, making it easier than ever to create a state-specific legal will tailored to your needs.
On Wills.com, you’ll find a simple to use toolset that guides you through each section of your will. The process begins by clearly stating that this document is your last will and testament, automatically revoking any previous wills or codicils you may have done in the past. This eliminates confusion or ambiguity right from the start.
Next, our platform makes it effortless to outline the distribution of your assets and possessions. You can easily specify each beneficiary and designate what they are to receive—be it a specific item, a percentage of your estate, or a lump sum of money. If you have special instructions or conditions attached to any bequests, Wills.com allows you to include those details with ease.
For parents with minor children, Wills.com provides a straightforward way to name a guardian responsible for their care and upbringing in the event of your passing. We understand how critical this decision is, so we’ve designed this step to help you consider your options carefully and choose someone you trust implicitly.
Additionally, you can include provisions for the care of your pets and specify any charitable donations or bequests you wish to make. Our platform ensures that your values and priorities are accurately reflected in your final wishes.
Throughout the entire process, Wills.com uses clear, unambiguous language to prevent any potential confusion or misinterpretation. By simplifying the complexities of will writing, we help ensure that your wishes are carried out exactly as you intended.
With Wills.com, writing your last wishes is no longer a daunting task. Our self-serve platform empowers you to create a legally sound, state-specific will—all from the comfort of your home. Secure your legacy and provide peace of mind for yourself and your loved ones by crafting your will with us today.
Step 4: Signing and Notarizing Your Will
Once you’ve completed drafting your will with Wills.com, the next crucial step is to ensure it’s properly signed and, ideally, notarized. This process solidifies the legal validity of your document, making sure your wishes are honored exactly as you intend.
Why Notarize Your Will?
Notarizing your will adds an extra layer of legal protection and can significantly streamline the probate process. It helps prevent challenges to your will’s authenticity, giving you and your loved ones greater peace of mind. While some states don’t require notarization for a will to be valid, having it notarized can minimize potential disputes down the line.
Wills.com Makes Notarization Easy
We’re excited to offer remote online notarization services in almost all states, allowing you to notarize your will from the comfort of your home. No need to search for a local notary or adjust your busy schedule. To see if remote notarization is available in your state, please visit our updated list at wills.com/notarize.
For States Without Remote Notarization
If you’re in a state where remote online notarization isn’t available yet, don’t worry! You can still create your state-specific legal will on Wills.com. Once completed, simply print your will and sign it in front of two adult witnesses who are not beneficiaries. These witnesses attest that you signed the will voluntarily and were of sound mind.
Steps to Finalize Your Will:
- Execute Your Will:
Do this in the presence of at least two adult witnesses who are not named in your will.
They should not be related to you or have any financial interest in your estate. - Witness Signatures:
After you sign, have your witnesses sign the document, confirming they watched you sign. - Notarization:
If available in your state, use Wills.com’s remote notarization service for added legal strength.
This can often be done in as little as three minutes, right from your living room. - Secure Your Will:
Keep the original document in a safe place, like a fireproof safe or safety deposit box.
Inform your executor where the will is stored.
You can also store a digital copy securely on Wills.com for easy access.
Why Choose Wills.com for Notarization?
Convenience: No need to leave your home or find a local notary.
Availability: Access notary services 24/7 in most states.
Efficiency: Our partnership with experienced notaries ensures a smooth process.
Peace of Mind: Knowing your will is properly executed brings comfort to you and your loved ones.
By taking these steps with Wills.com, you ensure that your will is legally sound and that your final wishes will be carried out according to your instructions. We’re here to make the process as simple and secure as possible, so you can focus on what truly matters. We've put together this comprehensive guide that explain how Remote Online Notarization works and in which states its currently available.
Ready to finalize your will? Visit our notarization page to get started, or proceed to print and sign your will with witnesses if that’s the best option for you. Either way
Step 5: Storing and updating your will
After you have completed the process of creating your will, it's important to ensure that it is properly stored and maintained. This will help to ensure that your final wishes are carried out as you intended and that your loved ones have access to the document when needed.
Begin by keeping your will in a secure location, such as a fireproof safe or a safety deposit box. Avoid storing it in a location that could be easily accessed by others, as this could potentially compromise the document's security and integrity.
It's also a good idea to provide copies of your will to your executor, as well as any other relevant parties, such as your attorney or financial advisor. This will help to ensure that your wishes are known and can be easily accessed when needed.
As you move through life, it's important to review and update your will as necessary. Major life events, such as marriage, divorce, the birth of a child, or the acquisition of significant assets, may require you to make changes to your will. Failing to update your will can lead to unintended consequences and potential conflicts among your loved ones.
When making changes to your will, be sure to follow the same legal requirements as you did when creating the original document. This includes having the updated will properly signed and witnessed. Once the changes have been made, be sure to store the updated version in a secure location and provide copies to the appropriate parties.
By taking the time to properly store and maintain your will, you can help to ensure that your final wishes are honored and that your loved ones are provided with the necessary information and documentation to carry out your instructions.
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Common mistakes to avoid when creating a will without an attorney
While it is possible to create a valid will without the assistance of an attorney, there are several common mistakes that can arise when taking this approach. By being aware of these potential pitfalls, you can help to ensure that your will is properly drafted and legally enforceable.
- Lack of Specificity: One of the most common mistakes is failing to be specific enough in the language of the will. This can lead to ambiguity and potential disputes among your beneficiaries. Be sure to use clear, unambiguous language and provide detailed instructions for the distribution of your assets.
- Improper Execution: Failing to follow the legal requirements for signing and witnessing the will can render the document invalid. Make sure to have the will signed in the presence of at least two adult witnesses who are not named as beneficiaries.
- Outdated Information: It's important to regularly review and update your will to ensure that it reflects your current wishes and circumstances. Neglecting to make necessary changes can lead to unintended consequences, such as the distribution of assets to individuals who are no longer relevant or the exclusion of new family members.
- Incomplete Asset Inventory: Failing to accurately and comprehensively list all of your assets can result in the unintended distribution of your estate. Be sure to thoroughly document your assets, including their current value, to ensure that your wishes are properly carried out.
- Lack of Backup Executors: Naming a single executor without a backup option can be risky, as the designated executor may become incapacitated or unwilling to serve in that role. Always name an alternate executor to ensure that your estate is properly managed.
- Neglecting to Address Specific Scenarios: Your will should address a variety of potential scenarios, such as the death of a beneficiary or the birth of a child. Failing to plan for these eventualities can lead to complications and disputes among your loved ones.
By being aware of these common mistakes and taking the necessary precautions, you can help to ensure that your will is properly drafted and legally enforceable, providing your loved ones with the peace of mind and clarity they need during a difficult time.
To Recap
Creating a will without the assistance of an attorney may seem like a daunting task, but it is a crucial step in ensuring that your final wishes are honored and your loved ones are cared for. By following the step-by-step guide outlined in this article, you can take control of your legacy and provide your loved ones with the clarity and direction they need during a time of grief and transition.
Remember, a well-crafted will can provide you with the peace of mind of knowing that your assets will be distributed according to your preferences, your children will be cared for, and your values and priorities will be reflected in your final wishes. It's an important investment in your future and the future of those you love.
Don't hesitate to seek out additional resources and guidance if you have any questions or concerns throughout the process. Many online platforms and legal services offer affordable and accessible options for creating a will without the need for an attorney. With the right information and a little bit of diligence, you can ensure that your last wishes are properly documented and legally binding.
Take the time to carefully consider your options, make informed decisions, and create a will that truly reflects your values and priorities. By doing so, you can provide your loved ones with the comfort and security they need during a difficult time, and leave a lasting legacy that will endure for generations to come.
Have more questions? Explore additional topics in our Learning Center or connect with our customer support team through our Contact page. Wills.com provides easy-to-use legal forms and resources for estate planning. Please note that we are not a law firm and do not offer legal advice.