Isonn

Do I Need a Lawyer to Make a Will? When DIY Works and When It Doesn't

You don't legally need a lawyer to make a will, but DIY wills often fail. Simple estates can use online tools. Complex situations need professional help. Here's how to decide.

By Dennis ArakelyanPublished October 17, 20264 min read

Short answer: You don't legally need a lawyer to make a will. But DIY wills frequently fail due to improper execution, unclear language, or missing provisions. Simple estates may be fine with online tools ($50-$200). Complex situations, blended families, significant assets, or business ownership need a lawyer ($300-$1,000).

When DIY wills work

You might be okay with an online will service if:

  • Your estate is straightforward (house, car, bank accounts)
  • You're leaving everything to your spouse, then kids
  • No blended family complications
  • No business ownership
  • No significant debts
  • You live in a state with simple requirements
  • You're relatively young and healthy

When you need a lawyer

Hire an estate planning attorney if:

SituationWhy a lawyer matters
Blended familyStepchildren, ex-spouses complicate inheritance
Minor childrenGuardianship requires careful drafting
Business ownershipSuccession planning is complex
Significant assetsTax planning opportunities
Real estate in multiple statesEach state has different rules
Special needs beneficiaryTrust needed to protect benefits
Disinheriting someoneMust be done properly to avoid challenges
Previous marriagesPrior obligations may apply
Complex debtsCreditor issues require planning

Cost comparison

OptionCostBest for
Handwritten (holographic)FreeEmergencies only
Online services$50-$200Very simple estates
Legal document preparer$200-$400Simple estates with review
Attorney-drafted will$300-$1,000Most situations
Full estate plan (will + trust + POA)$1,500-$5,000Significant assets

Why DIY wills fail

1. Improper execution

Each state has specific requirements:

  • Number of witnesses (usually 2)
  • Notarization requirements
  • Who can witness (not beneficiaries)
  • Signing in presence of witnesses

Miss any requirement and the will may be invalid.

2. Unclear language

"I leave my jewelry to my daughters" sounds clear, but:

  • Which daughters? From which marriage?
  • What if a daughter dies first?
  • What if you acquire more jewelry later?

Lawyers use precise language that covers these scenarios.

3. Missing provisions

DIY wills often forget:

  • Residuary clause (what happens to unnamed assets)
  • Simultaneous death provisions
  • Contingent beneficiaries
  • Powers for executor
  • Pet provisions
  • Digital asset instructions

4. State-specific issues

  • Community property states have different rules
  • Some states don't recognize certain will types
  • Homestead exemptions vary
  • Estate tax thresholds differ

What makes a will valid?

General requirements (vary by state):

  1. Age: Usually 18+
  2. Mental capacity: Understand what you're doing
  3. Written: Most states require written wills
  4. Signed: By you, at the end
  5. Witnessed: Usually 2 witnesses who aren't beneficiaries
  6. Notarized: Required or recommended in many states

Online will services compared

ServiceCostProsCons
LegalZoom$90-$250Well-known, reviewed by attorneysMore expensive than others
Trust & Will$90-$200Modern interface, good for basicsLimited customization
Nolo$60-$100Book publisher, educationalLess hand-holding
Rocket Lawyer$40-$100/moSubscription includes other docsOngoing cost
FreeWillFreePartners with nonprofitsEncourages charitable giving

Should you use a lawyer anyway?

Consider it if:

You want to:

  • Minimize estate taxes
  • Create trusts for beneficiaries
  • Plan for incapacity (POA, healthcare directive)
  • Ensure your will stands up to challenges
  • Coordinate with retirement accounts and life insurance

The cost difference between a DIY will ($100) and lawyer-drafted will ($500) is small compared to what's at stake.

Alternatives to traditional wills

OptionWhat it doesCost
Living trustAvoids probate, manages assets$1,500-$3,000
Transfer on death deedsReal estate passes automatically$50-$200
POD/TOD accountsBank/investment accounts pass automaticallyFree
Joint ownershipProperty passes to survivorVaries

These tools can simplify estate transfer regardless of whether you have a will.

The bottom line

You don't legally need a lawyer to make a will, but DIY wills often fail due to technical errors or missing provisions. Simple estates may be fine with online services. Complex situations, blended families, significant assets, or business ownership justify the $300-$1,000 cost of a lawyer. The cost of getting it wrong far exceeds the cost of getting it right.

ShareLinkedInEmail

Check your firm

See whether ChatGPT, Perplexity, Gemini and Google AI Overviews name your firm for your practice area and city.

Free AI visibility check

Free citation audit

Find out who AI recommends instead of you.

Written report in 5 days. 30-minute walkthrough. No pitch until you ask.

Is AI citing your firm?Free check, five business days