Back to Questions
estate

Can I Write My Own Will?

Federal & State Law Editorial TeamLast reviewed: 2025-10-15

You have the legal right to write your own will. However, whether you should depends on the complexity of your situation.

Holographic (handwritten) wills. About half of U.S. states recognize holographic wills — wills that are entirely handwritten, dated, and signed by you, without witnesses. States that accept them include California, Texas, Virginia, and Michigan, among others.

DIY typed wills. You can type your own will, but it must meet your state's execution requirements (typically signed by you and witnessed by two people who are not beneficiaries).

Online will services. Companies like LegalZoom, Trust & Will, and Nolo offer templates and guided will creation for $50-$200. These can be adequate for simple situations.

When DIY may work:

  • Your estate is straightforward (modest assets, clear beneficiaries)
  • You are leaving everything to your spouse or children
  • You do not have complex tax situations
  • You do not own property in multiple states
  • When you should hire an attorney:

  • You have a blended family with children from multiple relationships
  • You have significant assets or business interests
  • You want to disinherit someone
  • You need trusts for minor children or special needs beneficiaries
  • You own property in multiple states
  • You have complex tax planning needs
  • Common DIY mistakes:

  • Failing to meet execution requirements (witnesses, notarization)
  • Ambiguous language leading to disputes
  • Not updating the will after major life events
  • Forgetting to include a residuary clause
  • Contradicting beneficiary designations on accounts
  • This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Your estate involves significant assets or complex family dynamics
    • You want to create trusts within your will
    • You want to ensure your DIY will is legally valid
    Related Statutes & Laws
    • State probate codes
    • Uniform Probate Code § 2-502

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.