Marcus kept his will in a drawer. A filing cabinet drawer, to be precise, in the basement of a house he sold three years ago. When his children asked about his estate plan, he waved them off. "It's handled," he said. It wasn't.
If you're reading this, you're already ahead of Marcus. You want to know how to write a will without a lawyer, and you want to do it right. The good news: it's possible. The better news: you don't have to navigate it alone.
First, the Honest Truth About Lawyers
An estate planning attorney remains the gold standard. Full stop. If you have a complex situation (business ownership, property in multiple states, blended family, significant assets, or special needs beneficiaries), consult a professional. The cost of a lawyer now is nothing compared to the cost of a contested will later.
But here's what many attorneys won't tell you: for straightforward estates, a properly executed DIY will is legally valid in all 50 states. The key word is "properly."
When DIY Makes Sense
A self-drafted will works well when your situation meets these criteria:
Your assets are straightforward. Bank accounts, a home, a car, personal belongings. No complex trusts, business interests, or real estate in multiple jurisdictions.
Your beneficiaries are clear. You know exactly who gets what. There's no ambiguity, no estranged relatives who might contest, no minor children requiring guardianship provisions you're unsure about.
Your state allows it. Every state permits handwritten or typed wills, though requirements vary. Some demand two witnesses. Others require notarization. Louisiana has entirely different rules rooted in civil law.
The Trust & Will Option
For those who want something between a blank sheet of paper and a $1,500 attorney bill, Trust & Will offers a middle path. The service walks you through state-specific questions and generates documents that comply with your local requirements.
Their basic will package costs a fraction of attorney fees and includes the exact language courts expect to see. You answer questions about your assets, your beneficiaries, and your executor. The system handles the legal boilerplate.
This approach works because will requirements are, at their core, standardized. The law cares about certain elements: clear intent, proper identification of beneficiaries, signature, witnesses. Trust & Will ensures you hit every mark.
The Five Elements Every Valid Will Needs
Whether you use a service or draft your own, these elements are non-negotiable:
- Testamentary intent. The document must clearly state it's your will. "This is my Last Will and Testament" works. Vague language about what you'd "like" to happen doesn't.
- Sound mind. You must be mentally competent when signing. This means understanding what you own, who your beneficiaries are, and what the document does.
- Proper execution. In most states, you sign in the presence of two witnesses who also sign. The witnesses should be adults who aren't beneficiaries. Some states accept notarization instead of or in addition to witnesses.
- Clear beneficiary designation. Name specific people or organizations. "My children" can work if you only have children from one relationship. "My family" is too vague.
- Executor appointment. Someone needs authority to carry out your wishes. Choose a trusted person and, ideally, a backup.
Where Most People Go Wrong
The will itself is only half the battle. Storage and accessibility trip up more estates than poor drafting.
Safe deposit boxes seem logical but create problems. Many states seal boxes upon death until a court grants access. Your executor might wait weeks to even see the document that names them executor.
Home storage risks loss from fire, flood, or simply being unfindable. One study found that 30% of Americans don't know where their parents' wills are kept.
The solution is redundancy. Keep the original in a fireproof location your executor can access. Store a digital copy in a secure vault. Tell at least two people where to find it.
Storing Your Will Securely
BestFarewell's document vault solves the accessibility problem. Upload your will, trust documents, and other estate planning files. Designate which family members can access them. Bank-level encryption keeps everything secure.
When the time comes, your executor won't be searching through drawers or negotiating with banks. They'll have immediate access to the documents they need.
The vault also stores insurance policies, property deeds, and account information. All the paperwork that makes estate administration manageable, in one place.
The Bottom Line
Writing a will without a lawyer is legitimate for simple estates. Use a reputable service like Trust & Will to get the legal language right. Store the document somewhere your executor can actually find it. And review it every few years or after major life changes.
Marcus eventually found his old will. It named an ex-wife as executor and left everything to children who were now adults with families of their own. He started over.
You don't have to. Start organizing your estate documents today, and you'll be ready when life changes.