Yes, you can write your own will without a lawyer. MetLife’s step-by-step guide says so, with one condition: the will has to meet your state’s rules, or it can be deemed invalid. A simple will comes down to naming your beneficiaries and executor, listing what you own, and signing in front of two witnesses the way your state requires.
Can I write my own will without a lawyer?
Yes. MetLife’s step-by-step will guide says you can write a will without hiring a lawyer, but you have to make sure it meets your state’s regulations. The guide also says working with a lawyer can help you avoid common errors, and that an online will service suits someone with a straightforward estate and no complex assets.
What makes a will valid?
The Texas State Law Library probate guide says a valid Texas will must be in writing, signed, and attested by two credible witnesses. A will written completely in the maker’s own handwriting does not need witnesses; these are called “holographic” wills. The maker must also be of sound mind and proper age, and must have intended to write a will. If a will is found invalid, the property passes to the heirs as if there was no will.
Rules differ by state, so use the examples below as models and confirm your own state’s signing rules before you sign.
How California’s statutory will works
The California court self-help wills guide links to the California statutory will form, which is provided under California Probate Code Section 6240. It is a fill-in-the-blank will. Read the whole will first, fill in the blanks, and do not add words or cross out any words. Then date and sign it in front of two adult witnesses. The form says the witnesses must sign in your presence and in each other’s presence, and that you must first read them a required sentence from the form.
Handwritten wills
Texas accepts a will written entirely in your own handwriting with no witnesses, as the Texas State Law Library guide explains. Check whether your state accepts handwritten wills before you rely on one.
Self-proving affidavits and notaries
MetLife’s guide says some states require, or make optional, a self-proving affidavit, which needs two witness signatures and must be notarized. Check your state’s rules on notarizing a will. MetLife says this document certifies you are of sound mind and have the mental capacity to make a will. It “also requires two witness signatures and needs to be notarized to be legal.”
What should go in a simple will?
MetLife breaks the process into six steps. Work through them in order:
- Pick your method. You can use a lawyer, an online service, or write the will on your own.
- Choose your executor. MetLife calls this one of the most important parts of making a will. The executor distributes your assets and carries out the will through probate. If you are not using a lawyer, pick someone you trust who understands how a will works.
- Name your beneficiaries. Use each person’s full name. If you have a civil partner, name them clearly.
- Name a guardian if you have children under 18. Use the guardian’s full legal name.
- List your assets and assign a beneficiary to each one. Add any special instructions for your executor.
- Sign with two witnesses. MetLife says the best witnesses are disinterested, meaning people who do not stand to benefit from the will.
The California statutory form covers the same ground in set paragraphs. You choose one option in each section that applies:
| Form paragraph | What it covers |
|---|---|
| Specific gift of personal residence (optional) | Your home, if it goes to someone other than the main beneficiaries |
| Specific gift of automobiles, household and personal effects (optional) | Cars, furniture, clothing, jewelry and other personal items |
| Specific gifts of cash (optional) | Cash gifts to named people or charities, each signed in its own box |
| Balance of my assets | Everything else, with one choice selected |
| Guardian of the child’s person | Up to three choices for a child under 18 with no living parent when you die |
| Special provision for property of persons under age 25 (optional) | A custodian who holds assets until an age you pick from 18 to 25 |
| Executor | Up to three choices, first through third |
| Bond | Sign the box if no bond should be required for the executor |
What should you never put in a will?
- Never add words or cross out words in the California form. Only fill in the blanks.
- The California form’s notice to witnesses says the witnesses should not receive assets under the will, so choose witnesses who are not beneficiaries.
- Never skip the signature box for a cash gift. Under paragraph 4 of the California form, a cash gift is made only if you sign in the box after that gift.
What are the biggest mistakes with wills?
MetLife lists four common ones: failing to account for all your assets, missing beneficiaries, not executing the will correctly, and not updating a will when needed. Its guide also says to make sure the will meets your state’s regulations, since a will that is deemed invalid falls back on state intestate succession laws.
Where should you keep your will?
MetLife says to store your will in a safe place after you create it, keep it up to date, and re-evaluate it every couple of years as a general rule of thumb. FreeWill tells users to keep the signed document somewhere safe but accessible.
What happens to a will after you die?
In Texas, a will has to be admitted to probate before it can be used to prove property transfer. You file an application in a probate court, usually in the county where the person lived. The Texas State Law Library guide notes a four-year period to file a will for probate, under Texas Estates Code, Section 256.003. After that, the will may be treated as invalid.
How do I write a will for a house?
In California, the statutory form has a specific gift of personal residence paragraph. It lets you leave your home to people other than those who receive the rest of your assets, subject to mortgages and liens. In Texas, the Texas State Law Library says a route called muniment of title is commonly used when the only asset transferred by the will is real property. It is available when the estate has no debts other than a mortgage or other lien on the real estate, or when administration is not needed for another reason. The court order and a copy of the will are filed with the county clerk where the property is located. The guide says beneficiaries will likely need an attorney to file the application.
Will or trust: when does a trust fit better?
FreeWill says a revocable living trust, offered in California only, can fulfill many functions of a last will and testament, and that placing assets in a trust can avoid California’s lengthy probate process. MetLife notes that a will is one part of an estate plan, and that living trusts and power of attorney documents are also important. The Consumer Financial Protection Bureau’s Consumer Financial Protection Bureau fiduciary explainer says a fiduciary is someone who manages money or property for someone else.
When does an estate have to file a federal estate tax return?
The IRS estate tax page describes the estate tax as a tax on your right to transfer property at your death. Most relatively simple estates do not need to file an estate tax return. A return is required when the gross estate, plus adjusted taxable gifts, is more than the filing threshold for the year of death. For 2026 that threshold is $15,000,000. The IRS page also lets a surviving spouse elect to pass any unused exemption to them. This is the federal estate tax return filing threshold from the IRS; check your state’s rules separately.
| Year of death | Filing threshold |
|---|---|
| 2024 | $13,610,000 |
| 2025 | $13,990,000 |
| 2026 | $15,000,000 |
Doing it yourself or getting help
Prices as of October 28, 2026, for FreeWill, and the online will forms cost in MetLife’s guide dated September 23, 2026. Check today’s price with each company before you pay. Here is how the routes compare:
| Route | What it costs | What it covers |
|---|---|---|
| Free court and legal aid help | Free; some programs limit services to people with low incomes, according to USAGov | Sample forms and step-by-step information, plus free or low-cost lawyer contact for eligible people |
| FreeWill online will | $0, with no credit card required, per FreeWill’s homepage | Guided questions, a printable will, and a summary you can take to a lawyer |
| Online will forms | As little as around $40, per MetLife’s guide | Forms for a straightforward will |
| Estate planning lawyer | Set by the lawyer; MetLife says the cost can be “a little high” | Help making sure the will is accurate and complete for your situation |
Free help first. If your estate is simple, start with free routes. The California courts’ self-help site covers wills and provides sample legal documents. The USAGov legal aid directory lists the Legal Services Corporation, LawHelp.org, law school pro bono programs, and the American Bar Association’s free legal answers service. The Legal Services Corporation legal aid finder lets you enter an address or city to find an LSC-funded legal aid organization near you. To learn how to use these, see how to find free legal aid.
Online services. An online service guides you through the questions and produces a document. FreeWill says it never asks for a credit card, never sells your personal data, and will point out where an attorney may be a better fit if you have complex needs. To compare how different services work, see compare online legal services. For specific providers, read our FreeWill review, LegalZoom review, Nolo review or Trust & Will review.
When a lawyer is worth it. MetLife suggests considering an attorney if you have a more complex estate. It says many people name their estate planning attorney as executor. Texas probate rules also apply differently when the person lived out of state, and the Texas guide says beneficiaries will likely need an attorney for a muniment of title filing. MetLife also suggests checking with your workplace for a legal plan, which can give you access to lawyers at a reduced cost. Before you hire anyone, ask for the fee in writing. Before you pay any service or lawyer, read our guide to online legal document scams.
Before you order or sign
- Confirm your state’s signing rules, including the number of witnesses and whether a self-proving affidavit is required.
- Confirm whether your state accepts handwritten wills.
- Get the fee in writing from any lawyer or online service before you pay.
- Write down your executor and guardian choices in full legal names before you sign.
By LegalHelpOnline.org Legal Research & Editorial Team