Do you need a lawyer to make a will?

What makes a will valid

The basic requirements are similar across states:

• The person making the will (testator) is at least 18 and has testamentary capacity — they understand what a will is, roughly what they own, and who their family members are.
• The will is in writing.
• It is signed by the testator.
• It is signed by two witnesses who watched the testator sign (Colorado and North Dakota allow notarization instead; Pennsylvania generally does not require witnesses, though they help prove the will).

Adding a self-proving affidavit, signed before a notary by the testator and witnesses, lets the court accept the will without tracking down the witnesses later. Most states allow it, and it is highly recommended.

Handwritten and electronic wills

About half the states accept holographic wills — written and signed entirely or mostly in the testator's own handwriting, without witnesses. Other states reject them. A growing number of states, including Nevada, Arizona, Indiana and Florida, now permit electronic wills signed with specific procedures. Wills made on video or oral wills are generally not valid except in narrow circumstances.

Do-it-yourself options

• Statutory will forms — California, Maine, Michigan, New Mexico and Wisconsin publish fill-in-the-blank will forms.
• Online will services — produce state-specific documents for a modest fee, often with instructions for signing.
• Software and books — step-by-step guides and templates.

These can work well for straightforward situations: modest assets, a spouse and children from one relationship, and no special concerns.

Common do-it-yourself mistakes

• Improper signing — too few witnesses, a beneficiary serving as witness, or witnesses not present at signing.
• Handwritten changes to a signed will, which can invalidate parts of it.
• Failing to name backup beneficiaries or a backup executor.
• Leaving property outright to minors, which may force a court-supervised guardianship of the money.
• Ignoring assets that pass outside the will, such as life insurance and retirement accounts with outdated beneficiaries.
• Vague language that leads to family disputes.
• Using a form from the wrong state.

When a lawyer is strongly recommended

• Blended families or children from different relationships.
• A child or other beneficiary with special needs who receives or may need government benefits.
• A business, farm or professional practice.
• Real estate in more than one state.
• An estate large enough for federal or state estate tax.
• A wish to disinherit a close relative, or a risk of a will contest.
• Concerns about capacity or undue influence — a lawyer's notes and procedures can protect the will.
• Long-term care planning or Medicaid concerns.

What a lawyer adds

A lawyer coordinates the will with beneficiary designations, trusts, powers of attorney and health care directives; supervises the signing so it meets every formality; and identifies problems you might not know to ask about, such as spousal elective share rights or how community property rules affect your plan. Flat fees for a simple will package commonly run from a few hundred to about $1,500, with trust-based plans costing more.

Keeping the will effective

Store the original somewhere safe and tell your executor where it is — many probate courts require the original, not a copy. Some states let you deposit a will with the court. Review it after marriage, divorce, births, deaths or a move to another state, and make changes with a new will or a properly signed codicil rather than by marking up the old one.

Middle-ground options

If cost is the concern, there are alternatives between doing everything yourself and full representation. Many lawyers will review a will you drafted with an online service for a limited fee. Legal aid programs, law school clinics and bar association volunteer projects prepare wills for low-income residents, seniors and veterans, often for free. Some employers offer group legal plans that include basic estate planning documents. And many credit unions and unions arrange discounted will clinics once or twice a year. Whatever route you take, have the signing done carefully.