Can you write a will online without a lawyer?
Yes, in many situations, you can prepare a will online without a lawyer, but completing an online form alone does not make it legally valid. The will must meet applicable state requirements for signing, witnessing and other formalities. Consider an estate planning attorney if your family, assets or wishes are complex.
Online will services vary in the forms, instructions and support they provide. Before choosing one, consider whether a standard online will fits your circumstances, how your assets may transfer and what legal steps apply after the document is prepared.
Online will quick answers
What makes an online will legally valid
Using an online tool does not by itself make a will valid. Applicable state law may address who can make a will, whether the person has the required legal capacity and intent, how the document must be signed and who may serve as a witness. Electronic signing or remote witnessing may be allowed only under specific state rules. Review current requirements before signing.
Online will vs. electronic will
An online will and an electronic will aren’t necessarily the same thing. An online tool may help you prepare the document, but you may still have to print and sign it. An electronic will is executed as an electronic record under applicable state law.
The Uniform Law Commission’s Uniform Electronic Wills Act provides a framework states may choose to adopt, so electronic-will and remote-witnessing rules may differ by jurisdiction.
Is an online will right for you?
An online will may be an option when:
- Your assets and beneficiary choices are straightforward
- You don’t own a business or property in multiple states
- You don’t need specialized trust or tax planning
- You’re comfortable reviewing and following state requirements
- You don’t expect disagreements among family members
Consider talking with an estate planning attorney if:
- You have a blended family
- You want to leave unequal amounts to family members
- You own a business or property in multiple states
- A beneficiary is a minor or has special needs
- You’re considering a trust
- You expect that someone may challenge the will
- Your estate involves complicated tax questions
An attorney may identify issues that aren’t addressed by a standard online form.
How to prepare a will online
An online will service may help organize your information and prepare a document. Before choosing one, consider whether it provides state-specific instructions, protects your information and offers access to legal review.
1. Check state requirements
The requirements for a valid will vary by state. Depending on applicable state law and the type of will being created, the process may involve signatures, witnesses, notarization or other formalities.
Review the instructions before signing. USAGov provides a directory of state and territory courts, including probate courts that handle wills and estates.
2. Choose an online tool and review its privacy practices
Before you use an online will tool, read its privacy policy. Look for details about how the company collects, stores and shares your personal and financial information. Check whether you can download or delete your data and whether the tool includes instructions for your state. Using a tool to make a will online does not necessarily mean the will meets applicable signing and witnessing requirements.
3. List your assets, debts and important records
Create an inventory of what you own and owe. This might include:
- Real estate
- Bank and investment accounts
- Vehicles
- Business interests
- Valuable personal property
- Digital assets
- Loans and other debts
This list may also help your executor locate important property and records.
4. Review how different assets may transfer
Some assets may pass outside a will through beneficiary designations or ownership arrangements. Retirement accounts and some other financial products may transfer according to beneficiary designations or ownership arrangements.
Review beneficiary designation forms for retirement plans and individual retirement accounts (IRAs) separately and consider how they fit with your overall estate plan. The Internal Revenue Service (IRS) notes that account owners must designate beneficiaries according to procedures established by the plan.
5. Choose beneficiaries and backup beneficiaries
Decide who you would like to receive your property. Use clear names and descriptions, and consider naming backup beneficiaries in case your first choice dies before you or can’t receive the property.
You may also want to name someone to receive property that isn’t otherwise addressed in the will.
6. Name an executor and consider care instructions
An executor helps carry out the instructions in your will and administer your estate. Consider choosing someone who is responsible, organized and willing to serve. Naming an alternate executor may also be helpful.
Parents may use a will to state their preference for a guardian for minor children. A court generally makes the final appointment under applicable law. A will may also include pet-care instructions and name an alternate caregiver. It may also create a testamentary trust to help manage money or property left to a child.
7. Review the completed document
Review names, alternate choices and instructions for remaining property. Separately review beneficiary designations that may operate outside the will. Correct errors before signing and avoid making informal changes after execution.
8. Sign, witness and store the will correctly
After reviewing the completed document, follow the applicable signing and witnessing instructions. Downloading or saving the document may not complete the process.
Keep the signed original in a secure location like a home safe and tell your executor how to find it. Consider creating a separate inventory of important digital accounts and secure access instructions. Avoid placing frequently changing passwords directly in the will.
Common mistakes when making a will without a lawyer
Small omissions may create confusion or keep the document from working as intended. Common mistakes include:
- Not following signing or witnessing requirements
- Forgetting backup beneficiaries, executors or guardians
- Using unclear descriptions of people or property
- Leaving out instructions for remaining property
- Failing to coordinate the will with beneficiary designations and account ownership
- Providing incomplete pet-care instructions
- Making handwritten changes without following applicable requirements for amending or replacing the will
- Failing to update the document after a major life change
For example, leaving money and a pet to a friend without naming a backup may create uncertainty if that friend dies first or can’t care for the animal.
When to review your will
Consider reviewing your will after major life events, such as:
- Marriage or divorce
- The birth or adoption of a child
- A move to another state
- A significant change in your assets
- The purchase or sale of a business
- The death of a beneficiary, executor or guardian
Changes may require a new will, a legal amendment called a codicil or another process permitted under applicable state law. A legal professional can help explain the available options.
Frequently asked questions about online wills
Can you sign a will electronically?
It depends on state law. A state must recognize the electronic method being used, and the will must follow the state’s execution requirements.
Do beneficiary designations override a will?
Certain assets may be distributed according to a valid beneficiary designation or ownership arrangement rather than the will. Review each account, policy or plan separately because plan terms, spousal rights and other laws may affect the result.
What is the difference between a last will and a living will?
A last will generally provides instructions concerning your estate after death. A living will communicates certain health care preferences if you can’t make or communicate medical decisions. The National Institute on Aging identifies a living will as one of the most common types of advance directives.
Continue your estate planning
Making a will is one part of preparing an estate plan. Consider reviewing an estate planning checklist, checking your beneficiary designations and learning how life insurance may fit into your family’s plans.
- Review your estate planning checklist
- Learn how beneficiary designations work
- Explore how life insurance may fit into an estate plan
A State Farm agent can help you review life insurance options and coverage needs.
This content was developed with the help of AI and reviewed by State Farm editors.
The information in this article was obtained from various sources not associated with State Farm® (including State Farm Mutual Automobile Insurance Company and its subsidiaries and affiliates). While we believe it to be reliable and accurate, we do not warrant the accuracy or reliability of the information. State Farm is not responsible for, and does not endorse or approve, either implicitly or explicitly, the content of any third-party sites that might be hyperlinked from this page. The information is not intended to replace manuals, instructions or information provided by a manufacturer or the advice of a qualified professional, or to affect coverage under any applicable insurance policy. These suggestions are not a complete list of every loss control measure. State Farm makes no guarantees of results from use of this information.
Neither State Farm nor its agents provide tax or legal advice.
