Estate Planning
Do I Need a Lawyer to Make a Will?
A simple online will is better than no will. But "simple" is doing a lot of work in that sentence. If you own a home, have minor children, are in a second marriage, own a small business, or have any meaningful retirement savings, a $300 LegalZoom will routinely produces $30,000 worth of probate-litigation problems.
The Short Answer
DIY will is fine if you are single, no kids, modest assets, and a single beneficiary. Anyone with a house, kids, or more than one likely beneficiary should pay for an attorney-drafted estate plan ($800 to $2,500) — the cost is small compared to the probate-litigation, tax, and family-conflict costs an unclear will routinely creates.
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When a DIY will is fine
You are single, no children. You want everything to go to one or two named beneficiaries. Your assets are simple — bank accounts, a car, personal property. No house, no business interest, no retirement account that needs special handling.
In that case, a properly executed online will (signed by you, witnessed by two adults who are not beneficiaries, ideally notarized) does the job. Cost: $40 to $200.
Even here, consider naming beneficiaries directly on retirement accounts, life insurance, and bank accounts (POD/TOD designations). Those pass outside the will and avoid probate entirely.
And keep the original signed document somewhere your executor will find it. A pristine PDF on your computer is worthless if no one knows where it is.
When you need a lawyer
You have minor children. Your will names a guardian if both parents die — and the guardianship language must be drafted specifically for your state. Online templates routinely use language that doesn't satisfy state requirements, leaving the court to choose without your input.
You own a home. Real estate passes through probate unless held in a revocable living trust or with a transfer-on-death deed. Probate of a single house typically costs $5,000 to $25,000 in legal fees and 6 to 18 months. A $1,500 trust avoids it entirely.
You're in a second marriage with children from a first. This is the single most common source of estate litigation. Without specific drafting (often a QTIP trust or similar), the surviving spouse can disinherit your kids — even unintentionally.
You own a business. Buy-sell agreements, succession plans, S-corp election preservation, and key-person valuation all need attention.
You have a special-needs beneficiary. A direct inheritance can disqualify them from Medicaid and SSI. A special-needs trust keeps them eligible while still providing for them.
You have meaningful retirement savings ($500K+). Beneficiary designations interact with the SECURE Act 10-year rule and a stretch-IRA strategy. The wrong designation can accelerate income tax for your heirs.
Your estate is over the federal estate-tax exemption ($13.61M individual / $27.22M married for 2026) or your state's estate-tax threshold (which is lower in many states — Massachusetts at $2M, Oregon at $1M). Tax planning matters.
What a real estate plan includes
A pour-over will. Catches anything not in the trust and directs it there.
A revocable living trust. Holds your assets during life, distributes them at death without probate. You stay in control while alive — you're the trustee.
Durable power of attorney. Authorizes someone to handle finances if you're incapacitated.
Health-care power of attorney + advance directive. Authorizes someone to make medical decisions and states your wishes for end-of-life care.
HIPAA release. Authorizes named people to access medical records.
Beneficiary designation review. Retirement, life insurance, bank accounts — these pass outside the will and have to be reviewed every few years and after life events.
Asset funding instructions. The trust only avoids probate if assets are titled in the trust's name. Many DIY trusts are unfunded — the trust exists on paper but holds nothing.
What does an estate plan cost?
DIY will only (LegalZoom-class): $40 to $250.
Attorney-drafted simple will package (will, POAs, healthcare directives): $300 to $800.
Attorney-drafted will + revocable living trust + supporting documents (full estate plan): $1,500 to $3,500 for a typical individual or couple. Most firms charge a flat fee.
Complex estate plan (business, second marriage, blended family, tax planning): $3,500 to $15,000+.
Compare those to probate costs. Probating a single home and bank accounts in most states runs $5,000 to $25,000 in legal fees plus 6 to 18 months of delay. The trust pays for itself the first time around.
What goes wrong in DIY wills
Improper execution. Witnesses who turn out to be beneficiaries. Missing or undated signatures. Notarization that doesn't satisfy state self-proving-affidavit requirements. Each can void the will entirely.
Vague beneficiary language. "My children equally" — but what about a child who predeceases you? Are their kids included? "My descendants per stirpes" or "per capita" makes a meaningful difference.
Lost original. Many states require the original will, not a copy. If the original is lost, the will is presumed revoked — your assets pass under intestacy.
Outdated will. The will hasn't been updated in 15 years. It names an ex-spouse, a deceased beneficiary, or a now-adult guardian. State statutes handle some of this; many DIY wills aren't drafted around them.
Forgotten assets. A 401(k) at an old employer that the will doesn't address; a co-owned property the will doesn't disposition; a small business interest with no buy-sell agreement.
Conflict with beneficiary designations. The will says "everything to my daughter" but the IRA beneficiary form names the ex-spouse. The IRA pays out per the beneficiary form, not the will. This is common and devastating.
How to start an estate plan today
Make a list of every asset and how it's titled. Bank accounts, investment accounts, retirement, real estate, vehicles, businesses, life insurance.
Check every beneficiary designation. Retirement and life-insurance beneficiaries override the will. Update them after divorce, death of a beneficiary, or major life change.
Identify your team — executor, alternate executor, guardian for minor kids, agent for power of attorney, healthcare proxy. Ask them before naming them.
Decide on cremation/burial wishes and write them down separately from the will (the will is often not read until weeks after death).
Find an estate-planning lawyer. Most offer a free 30-minute initial consultation. Local-bar lawyers know your state's quirks (community property, marital agreement rules, homestead protections).
Don't put it off. The most common time to discover you needed an estate plan is also the worst time.
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Frequently asked questions
Does a will avoid probate?
No — wills go through probate. To avoid probate you need a revocable living trust (with assets actually titled in it), beneficiary designations, joint ownership with right of survivorship, or transfer-on-death deeds where allowed.
Is a handwritten will valid?
In some states, yes — a holographic will is recognized if it's entirely in the testator's handwriting and signed. About half the states recognize them. Most lawyers strongly advise against relying on a holographic will if you have any other option.
What if I die without a will?
You die intestate — state law decides who inherits. Typically: spouse first, then children, then parents, then siblings. Probate is messier and slower without a will, and you have no say in guardianship of minor children.
How often should I update my will?
Every 3 to 5 years and after any major life event — marriage, divorce, birth or adoption, death of a beneficiary, sale of a major asset, move to a new state, change in tax law.
Can I disinherit my spouse?
Mostly not. Most states have an "elective share" statute that lets a surviving spouse claim 30% to 50% of the estate regardless of the will. You can disinherit a spouse only with a valid premarital or postmarital agreement.
Can I disinherit a child?
Yes, in most states — with explicit language. Don't just "leave them out." Name them, state your intention, and consider leaving a token amount with a no-contest clause. Most disinheritance challenges fail when the will is clear.
Related reading
One last thing. This article is general information, not legal advice. Every situation is different. The free consultation is the right next step. — The LawFirmSquare team