Creating a Last Will and Testament is one of the most important steps you can take to protect your loved ones and ensure your final wishes are carried out. While many people assume you need a lawyer to make a will, the truth is that it’s entirely possible to create a legally valid will on your own, especially if your estate and wishes are relatively straightforward.
Here’s a step-by-step guide to help you create a will without a lawyer, and what you should know to make sure it’s done correctly.
1. Understand What a Will Does
A Last Will and Testament outlines how you want your assets distributed after your death. It can also:
- Name a guardian for minor children
- Appoint an executor to carry out your wishes
- Address debts and personal property
Creating a will ensures your intentions are clear and legally recognized.
2. Determine If a DIY Will Is Right for You
You can typically write your own will if:
- You have a relatively simple estate
- You don’t expect any disputes among heirs
- You’re not subject to complex tax considerations
- You are of sound mind and over the age of 18
If your estate is large or you have specific legal questions, it may be wise to consult an attorney, but many people find that a DIY will meets their needs.
3. Steps to Write Your Will Without a Lawyer
Follow these essential steps to create your own Last Will and Testament:
I. Outline Your Assets and Beneficiaries
List what you own, including bank accounts, vehicles, personal property, and real estate. Then decide who should receive each item or percentage of your estate.
II. Choose an Executor
This is the person who will manage your estate, pay debts, and distribute your assets. Choose someone responsible and trustworthy.
III. Appoint a Guardian (if applicable)
If you have minor children, name someone you trust to care for them.
IV. Write Your Will
MyKeyDocs will outline everything for you and go step by step through the whole writing process! Ensure that you are clear and specific when answering every question.
V. Sign and Witness Your Will
Most states require at least two adult witnesses who are not beneficiaries. Some states may also require notarization.
VI. Store It Safely
Keep your will in a safe place and tell your executor and close family members where it is. You may also file it with your local probate court or store it in a fireproof home safe.
4. Make Sure It’s Legally Valid
Laws vary by state, so it’s important to follow your state’s specific rules for wills, including:
- Witness requirements
- Notarization (if needed)
- Special rules for handwritten wills
MyKeyDocs helps guide you in the right direction with state-specific notes on what is needed for your personal documents.
5. Review and Update Regularly
Your will should reflect your current life circumstances. Review and update it after:
- Marriage or divorce
- Birth or adoption of children
- Death of a beneficiary or executor
- Major financial changes
Final Thoughts
Creating a Last Will and Testament without a lawyer is not only possible—it’s also empowering. By taking this step, you’re making sure your wishes are known, your family is protected, and your legacy is preserved. With a little preparation and attention to detail, you can craft a will that provides clarity, comfort, and control over your future.
