Skip to content
Article / Wills

Do I need a lawyer to make a will?

No, in every US state. But there are five situations where you genuinely should have one.

4 September 20265 min readFree to read

The short answer

No. Every US state allows you to write your own will without a lawyer, and it is legally valid as long as you have capacity, the terms are clear, and it is signed and witnessed according to your state rules. An attorney is genuinely worth it for blended families, business owners, taxable estates, property in several states, and children with special needs.

This is the most searched question in estate planning, and the answer has been the same for a very long time. It is also the question the industry has the least incentive to answer plainly.

The legal position

No US state requires a will to be drafted or reviewed by an attorney. What the states regulate is execution: how many witnesses, who may act as one, and whether a notary is involved for the self proving affidavit.

A will you wrote yourself and signed correctly has exactly the same standing in court as one drafted by a firm. A will drafted by the best firm in your state and signed incorrectly does not.

Where self made wills actually fail

Almost never on the wording, and almost always on the process. The recurring failures are: too few witnesses, a beneficiary acting as a witness, no alternate named for the executor or guardian, and a will nobody could find afterwards.

The second cluster is ambiguity. "I leave my house to my children" is fine until one of them predeceases you and the will does not say what happens to their share.

Five situations where you should pay for advice

A child who receives means tested disability benefits, where an ordinary inheritance can disqualify them. An operating business, particularly with partners or a buy sell agreement. A taxable estate. Property in more than one state. And a blended family where somebody has a reason to contest.

In each case the value is not the typing. It is somebody spotting the thing you did not know to ask about.

The middle route most people miss

You do not have to choose between a $1,000 drafting fee and no professional input at all. Making the document yourself and then having it reviewed costs a fraction of bespoke drafting.

Smart Review is a flat $250 on Legacy Buddy: a verified legal professional reads the finished document and returns written findings. For most households that is the right amount of professional involvement.

Questions people also ask

Is a handwritten will legal?

In about half of US states a fully handwritten and signed will, called a holographic will, can be valid even without witnesses. The rules vary sharply and courts scrutinise them closely, so it is a last resort rather than a plan.

Are online wills legally binding?

Yes, when executed correctly. The document’s origin does not affect validity. What matters is capacity, clear terms, and signing in front of the witnesses your state requires. Legacy Buddy generates documents against your own state’s rules and provides the signing checklist.

What happens if my will is not valid?

The estate is treated as if there were no will and your state’s intestacy statute decides who inherits, in a fixed order. That is why the signing checklist matters more than the wording.

Legacy Buddy provides document creation tools, not legal advice. Where a situation needs a professional, the platform says so.

When you are ready

Knowing what to do is the hard part. This is the easy part.

Joining is free and stays free: your LQ™ Score, your recommendations and your vault, with no card. A plan is for when you want the documents themselves.

Free forever. No card. You pay only when you want documents.