How to Write a Will Online Without a Lawyer: Free Guide + Checklist

Can You Legally Write a Will Online Without a Lawyer?

You generally do not have to hire an attorney simply because you want to make a will.

You can prepare the document yourself, use an online estate-planning service, or use estate-planning software.

The more important question is whether your finished will complies with the law where you live.

Your state may have rules concerning:

• Your minimum age

• Your mental capacity

• The number of witnesses you need

• Who may serve as a witness

• Whether witnesses must be physically present

• Whether electronic witnessing is permitted

• How your signature must be made

• Whether a self-proving affidavit can be used

• Whether electronic wills are recognized

• How an electronic will must be stored

• How you may later revoke or replace your will

You should therefore verify the current requirements before you sign your document rather than assuming the online service automatically handles every state-specific requirement.

Understand What an “Online Will” Actually Means

An online will can mean two very different things.

You Prepare the Will Online and Sign a Paper Copy

This is the more traditional approach.

You answer questions through an online service, generate your last will and testament, download the document, print it, and complete the required signing and witnessing procedure.

The internet is being used to prepare your document, but the final will may still be a traditional paper will.

You Create a Fully Electronic Will

An electronic will may exist and be signed electronically rather than as a traditional paper original.

Certain jurisdictions authorize electronic wills, but the requirements are not uniform. The Uniform Law Commission created the Uniform Electronic Wills Act as a model states can adopt or modify, and individual states may have their own rules concerning electronic signatures, witnesses, remote presence, notarization, certification, and storage.

You should never assume that typing your name at the bottom of a PDF automatically makes the document an enforceable electronic will.

Step 1: Check Your State’s Will Requirements Before You Start

Your first step should be determining what makes a will valid in your state.

Search your state judiciary, legislature, probate court, attorney general, or state bar website for current information.

Look specifically for rules covering:

• Last wills and testaments

• Testamentary capacity

• Witness requirements

• Electronic wills

• Remote witnessing

• Self-proving wills

• Notarization

• Revocation

• Probate

You should check these requirements before choosing an online will service because you want the service’s signing procedure to match the law that applies to you.

If the rules are difficult to interpret, prepare your questions first with 25 Sample Emails for Requesting Lawyer Services.

Step 2: Make a Complete List of What You Own

Before you decide who receives your property, create an inventory of your assets.

Your list might include:

• Your house

• Other real estate

• Checking accounts

• Savings accounts

• Certificates of deposit

• Investment accounts

• Vehicles

• Jewelry

• Furniture

• Collectibles

• Business interests

• Cryptocurrency

• Valuable electronics

• Intellectual property

• Personal possessions

• Digital assets

• Money owed to you

You do not necessarily need to list every household object individually in your will.

Instead, you are building an inventory so you can understand what you own, how each asset is titled, and whether the asset will actually pass through your will.

If you need records before completing your inventory, you can adapt one of the formats in Request Letter for Documents.

Step 3: Separate Your Probate Assets From Assets That Pass Outside Your Will

This is one of the most important steps when you write a will online.

Your will does not necessarily control everything you own.

Certain assets may transfer under a beneficiary designation, contract, account registration, trust, or form of joint ownership rather than under your will.

Examples may include:

• Life insurance with a named beneficiary

• IRAs with named beneficiaries

• 401(k) accounts with named beneficiaries

• Annuities with beneficiaries

• Payable-on-death bank accounts

• Transfer-on-death investment accounts

• Property owned with survivorship rights

• Property already held in certain trusts

For example, if your will says your retirement account goes to your daughter but your retirement plan still lists someone else as its beneficiary, the beneficiary designation may control instead of your will.

The American Bar Association notes that beneficiary-designated and jointly titled property can pass outside your probate estate and therefore may not be controlled by your will.

You should review your beneficiary designations at the same time you prepare your will.

Step 4: Decide Who You Want to Name as Your Beneficiaries

Your beneficiaries are the people or organizations you want to receive property after your death.

You might name:

• Your spouse

• Your children

• Other relatives

• Friends

• Charities

• Religious or nonprofit organizations

• A trust

You should identify each beneficiary clearly enough to avoid confusion.

Instead of writing:

“Leave my car to John.”

You should provide enough information to make it clear which John you mean.

You also need to think about what happens if a beneficiary dies before you.

An online will questionnaire may ask you to choose a contingent beneficiary or decide whether a deceased beneficiary’s descendants should receive that person’s share.

Do not skip those questions merely because they seem unlikely to matter.

Contingency planning can prevent significant problems later.

Step 5: Choose the Person Who Will Handle Your Estate

Your will usually allows you to nominate an executor, sometimes called a personal representative depending on your state.

Your executor may need to:

• Locate your original will

• File your will with the appropriate probate court

• Identify your property

• Protect estate assets

• Notify interested parties

• Deal with creditors

• Pay valid estate expenses

• Handle certain tax responsibilities

• Maintain records

• Distribute your probate property

• Complete required court filings

You should choose someone who is trustworthy, organized, dependable, and willing to serve.

You should also consider naming an alternate executor.

If your first choice dies before you, becomes incapacitated, declines to serve, or is otherwise unable to act, the alternate can potentially step in.

Do not simply name someone without discussing the responsibility with that person.

Step 6: Name a Guardian If You Have Minor Children

If you have minor children, your choice of guardian may be one of the most important provisions in your will.

You can use your will to nominate the person you would want to care for your children if a guardian becomes necessary after your death.

Before making your choice, consider:

• The person’s relationship with your children

• Parenting ability

• Age

• Health

• Location

• Family circumstances

• Financial responsibility

• Willingness to serve

• Whether siblings could remain together

• Whether you share similar priorities for your children’s upbringing

You should also name a backup guardian in case your first choice cannot serve.

Because guardianship decisions ultimately involve state law and court oversight, you may want legal guidance if your circumstances are complicated.

You can use How to Write an Email to a Lawyer Asking for Help if you need a lawyer to review this part of your plan.

Step 7: Decide Whether You Want to Make Specific Gifts

You can use your will to leave particular property to particular beneficiaries.

For example, you might want to leave:

• A vehicle to your daughter

• Jewelry to your granddaughter

• A collection to your son

• A specific amount of money to a relative

• Artwork to a friend

• Money to a charity

These are commonly described as specific gifts or bequests.

Be careful about creating an extremely detailed list of ordinary possessions directly in your will.

Every time you sell an item, replace it, give it away, or change your mind, you could create another estate-planning issue.

Your online will service may provide a separate mechanism for personal property instructions, but whether such an additional document is legally binding depends on applicable state law.

Step 8: Decide Who Receives the Rest of Your Estate

After your specific gifts are distributed, you may still have property remaining.

Your will should address this remainder, commonly called your residuary estate.

A residuary provision essentially answers:

Who receives everything covered by your will that you have not otherwise specifically given away?

You might leave the remainder:

• Entirely to one beneficiary

• Equally among your children

• In specified percentages

• To a trust

• To one or more charities

You should also decide what happens if one of those beneficiaries dies before you.

Leaving out a residuary provision can create unintended results because property not effectively disposed of by your will may be distributed under your state’s intestacy rules.

Step 9: Think About Your Digital Property and Online Accounts

Your estate may include more digital property than you realize.

Create a separate inventory covering things such as:

• Cryptocurrency

• Domain names

• Websites

• Online businesses

• Cloud storage

• Digital photographs

• Social media accounts

• Email accounts

• Subscription accounts

• Online financial accounts

• Digital intellectual property

Do not place passwords, private keys, recovery phrases, or other sensitive credentials directly in a publicly filed will.

Instead, consider keeping secure access information separately and making sure the appropriate person knows how to locate it.

You should also review the rules and legacy-access features offered by individual online services.

Step 10: Review Every Beneficiary Name and Distribution

Do not rush directly from completing an online questionnaire to signing the document.

Read the entire finished will.

Verify:

• Your legal name

• Your address

• Your marital information

• Your children’s names

• Your beneficiary names

• Your executor

• Your alternate executor

• Your guardian nomination

• Your alternate guardian

• Specific gifts

• Distribution percentages

• Your residuary beneficiary

• Contingent beneficiaries

• Any references to trusts

• Every page of the document

Make sure distribution percentages make mathematical sense.

You should also look for contradictions between your will and existing beneficiary designations.

This final review is particularly important because online software generally depends on the information you provide. Incorrect answers can create an incorrect document.

Step 11: Sign Your Online Will Correctly

Creating your will does not necessarily make it legally effective.

Execution is critical.

Many states require witnesses, and precise rules can apply concerning when you sign, when your witnesses sign, whether everyone must be present together, and who may act as a witness.

Your safest approach is to follow your state’s instructions exactly.

You should avoid using a beneficiary as a witness unless you have specifically confirmed that doing so is permitted and will not create a problem under your state’s law. Using independent witnesses can help avoid unnecessary questions.

You should also avoid adding handwritten changes after signing your will unless you understand the legal consequences.

If something needs to be changed, properly executing a revised will or legally valid amendment may be safer than informally editing the existing document.

Step 12: Understand Whether Your Will Needs to Be Notarized

Do not assume notarization automatically makes your will valid.

Witnessing and notarization serve different purposes.

In many states, notarization may be associated with a self-proving affidavit. A properly completed self-proving procedure may make it easier to establish the authenticity of the will during probate without requiring additional witness testimony.

However, notarization generally should not be treated as a substitute for required witnesses unless the law that applies to your will specifically allows that method.

The American Bar Association notes that formal execution requirements matter and that a properly executed self-proving will can simplify proof during probate in many jurisdictions.

Follow the instructions required in your state rather than assuming that a notary stamp fixes an improperly executed document.

Step 13: Store Your Original Will Somewhere Safe

Once your will has been properly executed, protect the original.

You might keep it:

• In a secure home document box

• With an estate-planning attorney

• In another secure location permitted by your state

• Through an approved electronic storage arrangement if you have a legally valid electronic will

The most important practical issue is accessibility.

Your executor should know that you have a will and should know how the original can be located when needed.

Avoid hiding your only original so effectively that nobody can find it.

You may keep copies for reference, but you should clearly identify the location of the legally operative version.

Step 14: Do Not Forget Your Power of Attorney Letter Samples

Your will normally becomes relevant after your death.

It generally does not give someone authority to manage your finances while you are alive.

That is why your broader estate-planning checklist may also need to address documents such as:

• Financial power of attorney

• Healthcare power of attorney

• Advance healthcare directive

• Living will

• HIPAA authorization

• Beneficiary designations

These documents serve different purposes.

For example, your will might name your daughter as executor after your death, while a properly created power of attorney could authorize someone to handle designated financial matters while you are living.

You should not assume one document replaces the others.

When You May Be a Good Candidate for an Online DIY Will

Writing your own will online may be easier when your circumstances are straightforward.

For example, you may have:

• A relatively simple estate

• Clearly identified beneficiaries

• No anticipated family dispute

• No complicated business ownership

• No unusual trust requirements

• No special tax-planning needs

• No complicated property arrangements

• A simple distribution plan

Even in a straightforward situation, you still need to comply with state law.

DIY does not mean the legal formalities disappear.

When You Should Consider Asking a Lawyer Online Before Signing

An online DIY will may not be the best place to experiment when your estate plan involves substantial legal complexity.

You should strongly consider obtaining individualized legal advice if:

• You own a business.

• You own property in multiple states.

• You want to disinherit a spouse.

• You expect someone to challenge your will.

• You have a blended-family estate plan.

• You want to create a trust through your will.

• You have a beneficiary receiving needs-based government benefits.

• You need special-needs planning.

• You have significant tax concerns.

• You own foreign property.

• You have complicated cryptocurrency holdings.

• You want to place restrictions on an inheritance.

• You have substantial debts or creditor issues.

• You have complicated beneficiary designations.

• You are concerned about undue influence or capacity.

• You are unsure whether your online signing method is legal.

If you decide you need professional help, you can start with 25 Sample Emails for Requesting Lawyer Services so you can explain your situation clearly and ask about document-review fees before hiring anyone.

Common Mistakes You Should Avoid When Writing a Will Online

1. You Use the Wrong State’s Rules

Estate-planning requirements differ by jurisdiction.

Do not copy signing instructions from a random internet article and assume they apply where you live.

2. You Sign Before Your Witnesses Are Ready

If your state requires particular witnessing procedures, signing at the wrong time could create problems.

Read the execution instructions before anyone signs.

3. You Assume a Notary Replaces Witnesses

A notary does not automatically replace legally required witnesses.

Follow your state’s actual procedure.

4. You Forget a Residuary Beneficiary

You should specify who receives your remaining probate property after specific gifts and expenses are addressed.

5. You Forget Contingent Beneficiaries

Always consider what should happen if your first beneficiary dies before you.

6. Your Beneficiary Designations Conflict With Your Will

Your life insurance, retirement accounts, and similar assets may pass under their beneficiary forms rather than your will.

Review them together.

7. You Forget to Name an Alternate Executor

Your first choice may be unable or unwilling to serve when the time comes.

Choose a backup.

8. You Put Passwords in Your Will

Your will may eventually become accessible through probate records.

Keep passwords, cryptocurrency keys, and other sensitive credentials somewhere secure instead.

9. You Make Handwritten Changes After Signing

Writing new instructions in the margins or crossing out provisions may create uncertainty about whether your changes are legally effective.

Use the proper amendment or replacement process instead.

10. You Never Update Your Will

Your will should change when your life changes.

When You Should Review or Update Your Will

Do not create your will and forget about it forever.

Review it periodically and after significant events such as:

• Marriage

• Divorce

• Birth of a child

• Adoption

• Death of a beneficiary

• Death of your executor

• Major property purchase

• Sale of important property

• Starting or selling a business

• Moving to another state

• Major increase or decrease in your assets

• Significant changes in relationships

• Changes to beneficiary designations

• Changes in estate-planning law

You do not necessarily need to change your will every time you review it.

The review simply allows you to confirm that it still expresses what you want.