How to Set Up a Simple Will Without Hiring a Lawyer (and When You Should)

Creating a simple will doesn’t always require an attorney. Americans with simple finances, uncomplicated family dynamics, and straightforward beneficiary needs can save money by preparing their own wills. However, even the simplest wills must comply strictly with state-specific laws to be legally binding. Before finalizing and signing your document, review the specific requirements for wills in your state.

A simple will doesn’t account for every aspect of the estate planning process. Retirement accounts, life insurance policies, jointly held property, and transfer-on-death accounts are just some of the assets that may have unique beneficiary designations.

This guide will show you how to prepare a simple will, when to seek guidance from an estate planning attorney, and how to avoid common mistakes that could invalidate your will or confuse your beneficiaries.

Decide Whether a Simple Will Is Enough

Creating a will on your own can be a viable option when your finances are straightforward, your beneficiaries are easily identifiable, and your wishes are clear.

You Have a Straightforward Estate

A simple estate consists of personal property, vehicles, real estate, bank accounts, retirement funds, and other straightforward assets. It does not include trusts, business interests, or complex arrangements that require specialized planning.

You Know Who Should Receive Your Assets

Simpler estates have fewer beneficiaries. That said, making a simple will is only a good idea if you’re confident about your intentions toward each of your beneficiaries.

You Don’t Have Complex Family Circumstances

Married couples or single parents with clear beneficiary preferences often find that a simple estate arrangement meets their needs.

When DIY Planning May Become Risky

DIY estate planning works best when your finances and family situation are simple. If beneficiaries might dispute your estate, if you have substantial assets, or if you face unique circumstances, consult an attorney.

Read: What Is the Difference Between a Will and a Power of Attorney? 

Make a List of What You Own

Before finalizing any decisions, make a detailed inventory of your assets. Be sure to include any items that might be liquidated to provide funds for your beneficiaries.

Bank and Savings Accounts

Begin with your checking and savings accounts. Include certificates of deposit (CDs) and any other banking products holding significant funds.

Investments and Retirement Accounts

Inventory brokerage accounts, retirement funds, IRAs, 401(k)s, pensions, and employer-sponsored accounts separately. This allows you to outline specific wishes for each account.

Real Estate

This category includes residential and commercial real estate, vacant land, and other real property. Include assets like boats or RVs if applicable.

Vehicles and Personal Property

List cars, motorcycles, trucks, and other vehicles you own. Do the same for collectibles and valuables you intend to pass on to your beneficiaries.

Digital Assets

Finally, list your digital assets. This includes online accounts, cryptocurrency, photos, and videos with sentimental or financial value. Do not include passwords in your will—instead, leave instructions for accessing them in a separate, secure document.

Decide Who Gets Your Assets

With your inventory complete, you can designate specific beneficiaries for specific assets. It is also wise to name alternate beneficiaries in case a primary beneficiary predeceases you.

Name Your Beneficiaries

Be as specific as possible when choosing beneficiaries. Name primary beneficiaries for major assets or specific gifts. For general inheritances, specify the percentage of your total estate each person should receive.

Specify Personal Belongings

If a beneficiary has a sentimental attachment to an item or if an object is valuable, name it specifically in your will. Avoid vague phrasing like “my possessions” or “all my personal property,” which can cause confusion and disputes.

Consider Backup Beneficiaries

Ensure every named beneficiary is clearly identified by full name and relationship. Clear designations help loved ones understand your intentions without confusion.

Keep Beneficiary Designations Consistent

Ensure your instructions will align with beneficiary forms on financial accounts. For remaining assets not individually assigned, designate percentage shares for primary or secondary beneficiaries.

Read: Can a Will Be Contested After You Die, and How to Prevent It? 

Choose an Executor

Selecting a reliable executor is critical. They will carry out your wishes and manage the administrative details of your estate.

What an Executor Does

An executor manages your estate by handling tasks like filing paperwork, paying debts and taxes, managing assets, communicating with beneficiaries, and distributing property according to the law and your instructions.

Choose Someone You Trust

Select someone dependable, organized, and capable of handling basic legal and financial tasks. They must be willing and able to navigate the responsibilities of settling an estate.

Name an Alternate Executor

An alternate executor serves as a backup if your primary choice is unable or unwilling to serve. Choose someone equally reliable to step in and manage your affairs smoothly.

Name Guardians If You Have Minor Children

Parents with minor children should designate a legal guardian in their will to care for the children if both parents pass away.

Choose a Primary Guardian

Select a guardian whose values, lifestyle, and parenting style align with yours. Ensure they are physically, emotionally, and financially prepared to take on this responsibility.

Name a Backup Guardian

In case your primary choice is unable or unwilling to serve, naming a backup guardian ensures there is a clear contingency plan for your children’s care.

Discuss Your Decision With Them

Have a direct conversation with your chosen guardians before finalizing your will. Confirm they are comfortable taking on the role and understand your expectations.

Read: Can You Use a Will and Trust Together for Better Estate Planning? 

Create and Sign the Will

Once you have identified beneficiaries, selected an executor, named guardians, and inventoried assets, you are ready to draft and execute your will.

Use a State-Appropriate Will Template

Use a reputable, state-specific template. Avoid general forms or templates designed for other states, as execution requirements vary across jurisdictions.

Follow Your State’s Witness Requirements

Most states require at least two adult witnesses to observe you signing the will and then sign it themselves. Some state laws prohibit beneficiaries from serving as witnesses. Check your local requirements carefully.

Consider Whether a Notary Is Required

While notarization is not always required to make a will valid, adding a notarized self-proving affidavit can simplify and speed up the probate process after your death.

Store the Signed Original Safely

Store the original signed document in a secure location, such as a fireproof safe or document box. Inform your executor of its location so it can be retrieved when needed. Avoid storing it where access is restricted after death, like certain safe deposit boxes.

Don’t Put Everything in Your Will

A will is not the only document used to distribute assets upon your death. Several types of assets transfer outside of probate using direct beneficiary designations.

Retirement Account Beneficiaries

Retirement accounts like 401(k)s and IRAs pass directly to the beneficiaries named on the account forms. Because these designations override instructions in a will, keep them up to date directly with your account custodian.

Life Insurance Policies

Life insurance payouts are distributed according to the policy’s beneficiary designations, which supersede your will. Review these designations periodically to ensure they reflect your current wishes.

Jointly Owned Property

Property held in joint tenancy with rights of survivorship automatically passes to the surviving owner upon death, regardless of what your will states. Consult an attorney if you are unsure how your property is titled.

Transfer-on-Death Accounts

Bank and brokerage accounts with Transfer-on-Death (TOD) or Payable-on-Death (POD) designations transfer directly to named beneficiaries, bypassing probate and overriding your will.

Read: Can You Change Your Will After It’s Been Written? 

When You Should Hire a Lawyer

While DIY options work for straightforward cases, hiring an estate planning attorney ensures your wishes are legally sound, clear, and tailored to complex needs.

You Own a Business

Business ownership involves operating agreements, buy-sell agreements, and succession planning. An attorney can properly integrate these elements into your estate plan.

You Have Significant or Complex Assets

If you have substantial wealth, multiple properties, or trusts, professional legal guidance can help minimize tax burdens and properly structure asset transfers.

You Have a Blended Family

Blended families with stepchildren or children from prior relationships often require tailored legal provisions to ensure assets are distributed as intended without unintended disinheritances.

You Have a Child With Special Needs

Leaving assets directly to a child with special needs can disqualify them from essential government assistance programs. An attorney can help set up a Special Needs Trust instead.

You Own Property in Multiple States

Owning real estate in multiple states can lead to multiple probate proceedings (ancillary probate). A lawyer can structure your estate, often using a trust, to avoid this complication.

Family Conflict Is a Concern

If you anticipate disputes among family members or beneficiaries, working with an attorney helps establish clear, defensible documentation that minimizes the risk of legal challenges.

Common DIY Will Mistakes

Errors in simple wills typically stem from a misunderstanding of legal requirements or ambiguous drafting.

Using the Wrong State Requirements

Estate laws vary by state. Using generic forms or templates meant for a different state can render key provisions unenforceable or invalidate the entire document.

Forgetting Witnesses

Failing to sign the document in front of the required number of disinterested witnesses is one of the most common reasons probate courts reject wills.

Leaving Ambiguous Instructions

Vague descriptions of assets or beneficiaries create confusion. Use full legal names and specific details when describing gifts to prevent family disputes.

Forgetting to Update Beneficiaries

Remember that account beneficiary forms override your will. If you change your will but forget to update the forms for your retirement or life insurance accounts, the old account designations remain in effect.

Failing to Update the Will After Major Life Changes

Marriages, divorces, births, deaths, and major purchases change your estate landscape. Review and update your document whenever significant life changes occur.

Read: How to Create a Simple Will Without an Attorney 

How to Keep Your Will Up to Date

Keeping your estate documents up to date requires minimal effort compared to the legal complexities of an outdated will.

Review It After Marriage or Divorce

Update your will promptly after a marriage or divorce to reflect changes in your family structure, beneficiary preferences, and executor choices.

Update It After Having Children

When welcoming a child, update your will to appoint legal guardians and ensure financial provisions are established for their care.

Revisit It After Major Financial Changes

Revisit your estate plan whenever you experience major financial shifts, such as buying property, inheriting funds, or starting a business.

Review It When Moving States

Moving across state lines requires reviewing your will to ensure it complies with the execution and witnessing requirements of your new home state.

Simple Will Checklist

Use this quick checklist to ensure key steps are covered during your estate planning process:

List Your Assets

Catalog financial accounts, real property, vehicles, digital assets, and personal belongings of sentimental or monetary value.

Choose Beneficiaries

Identify primary beneficiaries and assign clear inheritance shares. Name alternate beneficiaries in case your primary choices predecease you.

Name an Executor

Select a reliable executor to settle your estate, and designate a backup executor to step in if needed.

Name Guardians if Needed

If you have minor children, specify primary and backup legal guardians to oversee their care.

Follow State Signing Rules

Sign and witness the document in strict accordance with your state’s legal requirements.

Store the Document Securely

Keep the original signed document in a secure, accessible location protected from damage or loss.

Tell the Right People Where to Find It

Ensure your executor and trusted family members know where the original document is stored and how to access it.

Read: How to Create a Trust Without Paying Expensive Legal Fees 

Conclusion

A simple will is an accessible option for individuals with simple finances and straightforward family situations. However, executing a legally valid document requires adhering carefully to state-specific guidelines.

Remember that a will is only one part of an overall estate plan. Non-probate assets, such as retirement accounts, life insurance policies, and joint properties, require separate beneficiary updates.

If you have complex assets, business holdings, a blended family, or special needs dependents, consulting an estate planning attorney remains the safest path to protect your legacy.

If you are looking for state-specific, attorney-approved documents in place before tackling the asset transfer process, Beem offers an accessible and affordable way to get the legal foundation right. Download the app today.

FAQs: How to Set Up a Simple Will Without Hiring a Lawyer