You can write your own will by naming a guardian for minor children, listing your assets and debts, choosing beneficiaries and an executor, then signing the document in front of two witnesses (a notary in a few states). Most adults with a straightforward estate can complete a valid will in under an hour using an online will builder like FastWill, without hiring a lawyer.
A will is the legal document that says who gets your property, who raises your minor children, and who is in charge of settling your affairs after you die. Writing your own will used to mean either paying a lawyer several hundred dollars or trying to fill out a generic template and hoping it held up. Neither is necessary anymore. If you gather the right information first and follow the steps below, you can produce a will that is complete, clear, and legally valid in your state.
Start your document with the FastWill will package once you have worked through the planning steps below, or compare options on the plans and pricing page first.
Step 1: Name a Guardian if You Have Minor Children
If you have children under 18, naming their guardian is the single most important decision in your will. Most people choose their child's other parent, but that is not always available or appropriate. Think through what happens if both parents are gone at the same time, and name someone you genuinely trust to raise your kids the way you would want.
What Happens if You Skip This Step
If you die without naming a guardian, a probate judge decides who raises your children, based on state law and whatever evidence relatives can present about your wishes. That is a decision you can make yourself, in writing, in a few minutes.
Step 2: Inventory Your Assets
List everything of value you own: real estate, vehicles, bank and brokerage accounts, retirement accounts, business interests, cryptocurrency, valuable personal property, and anything held in storage. This inventory is what lets you assign specific items to specific people later in the process, so it is worth doing thoroughly the first time.
Step 3: Note Business Interests Separately
If you own or hold a stake in a business, check its governing documents (operating agreement, buy-sell agreement, corporate bylaws) before you assume the business passes through your will. Business succession is often controlled by a separate agreement, and in many cases it is better handled outside the will entirely. If this applies to you, this is a good moment to also read up on the risks of DIY wills before you draft these provisions yourself.
Step 4: Identify Assets That Do Not Pass Through Your Will
Some assets skip your will completely and go directly to whoever you named as beneficiary on the account. This includes life insurance policies, 401(k)s and IRAs, annuities, payable-on-death bank accounts, and property held in joint tenancy with rights of survivorship. Since you are already reviewing your estate, confirm these beneficiary designations are current. A will cannot override an outdated beneficiary form.
Step 5: List Your Debts
Note any mortgages, loans, and credit card balances. Your estate generally pays off legitimate debts before anything is distributed to your beneficiaries, and your heirs are not personally responsible for your debts unless they co-signed or share the obligation, such as a joint car loan.
Step 6: Decide Who Gets Specific Personal Items
If certain heirlooms, jewelry, art, or collectibles need to go to specific people, say so directly in your will. Vague language (my jewelry to my daughters) invites disagreement. Specific language (my grandmother's ring to my daughter Sarah) does not.
Step 7: Add a Residuary Clause
Every will should include a residuary clause covering anything you did not specifically name, whether that is an asset you forgot or something you acquire after signing the will. You can assign this leftover property to a specific person or leave the decision to your executor.
Step 8: Name Your Executor
Your executor manages your estate: paying debts, filing paperwork, and distributing property according to your will. Choose someone organized and trustworthy, whether that is a spouse, adult child, friend, or professional such as an attorney or accountant. Confirm with them ahead of time that they are willing to serve.
Step 9: Sign and Witness the Will Correctly
This is the step where DIY wills most often fail, and it is not optional. In most states you must sign your will in the physical presence of at least two adult witnesses who are not beneficiaries, and the witnesses must then sign as well, a requirement Massachusetts law lays out in similar terms to most other states. Many states also let you add a self-proving affidavit, signed before a notary, which can spare your executor an extra court step later. Because witness and notarization rules vary by state, check your state's specific requirements (Florida's rules, for example) before you sign, and read up on what makes a will self-proving so you know whether it is worth the extra step where you live.
Skipping or mishandling this step is also the most common reason a will gets challenged after death, so it is worth reviewing the most frequent DIY mistakes, a list that lines up closely with Nolo's own will-making checklist, before you finalize anything.
Frequently Asked Questions
Do I need a lawyer to write my own will?
No. Most people with a straightforward estate can write a legally valid will on their own, using a structured online platform, as long as they follow their state's signing and witnessing rules exactly. Complex estates, blended families, or significant business interests are better reasons to involve an attorney.
How long does it take to write a will?
If you have already gathered your asset list, beneficiaries, and executor choice, most people complete an online will in about an hour.
Is a handwritten will valid?
Some states recognize handwritten (holographic) wills under specific conditions, and others do not recognize them at all. Because this varies so much by state, do not rely on a handwritten will unless you have confirmed your state permits it and know exactly what it requires.
What makes a will invalid?
The most common reasons a will fails are: it was not signed and witnessed correctly, the testator lacked mental capacity at signing, the will contradicts a newer will, or it was signed under undue influence or fraud.
Can I change my will after I sign it?
Yes. You can revise your will any time your circumstances change, such as marriage, divorce, a new child, or a significant change in assets. Most updates require either a formal amendment (codicil) or a new will that revokes the old one.
Write Your Will Today
Once you have gathered this information and made these decisions, you have done the hard part. The document itself is just a matter of putting your answers in the right format and signing it correctly. Start building your will with the FastWill will package, or see the plans and pricing page for the option that fits your situation.
