How to Make a Will in 2026: A Complete Step-by-Step Guide

You can make a legally valid will in under an hour for as little as $0–$199. The fastest, most reliable path for most people is an online will service — we recommend LegalZoom for its 25+ years of legal experience and optional attorney access. Here's exactly how to do it, what to include, and how to make sure it holds up in court.

Quick Answer (60 seconds)

To make a legally valid will:

1. List what you own and who you want to inherit it
2. Choose an executor (the person who carries out your wishes)
3. Name a guardian if you have minor children
4. Write the will using an online service, an attorney, or a state-approved template
5. Sign it in front of two adult witnesses (most states require this)
6. Add a notarized self-proving affidavit (highly recommended)
7. Store it where your executor can find it

The hard part isn't the legal mechanics — it's just sitting down to do it.

Do You Even Need a Will?

If any of these apply, the answer is yes:

• You own anything of value — a car, a home, savings, retirement accounts. Without a will, the state decides who inherits.
• You have minor children — your will is where you name their guardian. Without one, a judge picks.
• You have specific wishes — a piece of jewelry to a niece, a guitar to a friend. Default state law doesn't honor these.
• You have a stepfamily, blended family, or unmarried partner — without a will, they may inherit nothing.
• You want to disinherit someone — you have to say so explicitly.
• You own a business or have digital assets — a will is the only way to direct what happens to them.
• You're 18 or older — that's the only legal requirement in most states.

The honest answer: almost every adult should have one. It costs $0 to $300 for most people and takes under an hour.

How Much Does a Will Cost?

Three real options, depending on your situation:

Online services are the dominant choice. They guide you through every required clause, generate a state-specific document, and include witness instructions. Most people finish in 30 minutes.

For most people reading this, an online service is the right answer. For a full breakdown of will costs, see our cost guide.

Best Online Will Services in 2026

We compared the major online will services on price, attorney access, package depth, and customer track record. Here's how they stack up.

#1. LegalZoom — Best Overall

Price: $89 for Basic Last Will, $249+ for the Estate Plan Bundle

Why it's our top pick:

• The most established name in online legal documents. LegalZoom has helped millions of customers since 2001 — longer than any major competitor.
• Optional attorney access. Through their Legal Plan ($39/month), you can talk to a real estate attorney with questions about your will. No other major online service offers this on demand.
• State-specific document generation. Your will is built to your state's witness, signing, and self-proving rules — automatically.
• Comprehensive packages. Start with a Last Will today, add a power of attorney, advance directive, or living trust later as your situation grows.
• Backed by a real legal services company, not a software startup. The same brand handles business formation, trademarks, and real estate.

Who it's for: Most people reading this. If you want a brand you can trust, the option to escalate to an attorney when you're stuck, and a will that works in any state, this is the safest choice.

#2. Trust & Will

Trust & Will is a strong product with a clean interface and lawyer-reviewed templates. The downside: at $159 for a will (vs. $89 for LegalZoom), you're paying nearly double for a comparable basic document, and they don't offer the same on-demand attorney access. Better suited for users who specifically want their guided onboarding experience.

#3. FreeWill

FreeWill is genuinely free, which is its main advantage. It was built primarily as a charitable giving tool — partnered with major nonprofits — and that shows in the feature set. It's a reasonable choice if your estate is genuinely simple (single, no children, modest assets) and you're willing to accept fewer customization options. For anything more complex, the $89 you'd spend on LegalZoom buys real flexibility.

#4. Nolo Quicken WillMaker

Nolo has been in the market for 30+ years and the product reflects that. Its desktop-software interface feels dated next to web-based competitors, and the $109/year subscription model means you keep paying every year. Suitable if you're already a Nolo user; otherwise the modern alternatives are easier.

Most people start with LegalZoom →

The 8 Steps to Make Your Will

Step 1: Inventory What You Own (5 min)

Write down everything of significant value. Don't overthink it — a quick list in plain language is enough to start.

More on this in our guide to beneficiary designations vs. your will.

Step 2: Decide Who Gets What (10 min)

Match each asset (or category) to a person or organization. Be specific. "My oldest son" is fine in conversation, but a will should say "James Robert Miller, my son, born May 4, 1992."

• Name backups (contingent beneficiaries) for every primary beneficiary in case the first dies before you do.
• Be careful with sentimental items — sibling fights over a watch or piece of jewelry cause more conflict than money does.
• You can leave any amount to charity. Use the organization's full legal name and EIN (federal tax ID).
• You generally cannot fully disinherit your spouse. Most states have an "elective share" law that lets a surviving spouse claim a portion of your estate even if your will leaves them nothing.

Step 3: Choose Your Executor (5 min)

Your executor handles everything: filing the will, paying debts and taxes, distributing assets, closing the estate. It typically takes 6–12 months.

A good executor is:

• An adult who lives in (or near) your state
• Organized, trustworthy, and willing to do the work
• Younger than you, ideally
• Comfortable hiring help (lawyer, accountant) if needed

Always name a backup. Always ask the person before you put their name in the will — surprising someone with this job is unkind.

More on what's involved in our executor duties checklist.

Step 4: Name a Guardian for Minor Children (5 min)

If your kids are under 18 and both parents die, the guardian you name is who the court will almost always appoint. Without a named guardian, family members may fight, or no one steps up and the kids enter foster care temporarily.

• Talk to your chosen guardian first. Make sure they accept.
• Name a backup.
• Consider naming a separate property guardian to manage any money the children inherit (often a different person than the personal guardian).
• Even if you trust your kids' other parent completely, name a guardian — what if you both die together?

Step 5: Write the Will (or Use a Service) (20 min)

You have three real options: DIY template, online service, or attorney. We covered the comparison above.

A complete will should include:

• Your full legal name and county of residence
• A statement that this is your last will and testament and revokes any prior wills
• A statement that you are of sound mind and signing freely
• Names of beneficiaries and what each receives
• A residuary clause ("everything else goes to...")
• Name of your executor (and backup)
• Guardian for minor children (and backup), if applicable
• Your signature, dated
• Witness attestation block

Step 6: Sign It Properly (15 min) — Where Most DIY Wills Fail

The signing rules vary slightly by state, but most require:

• You sign the will in front of two competent adult witnesses.
• Both witnesses sign in your presence and in each other's presence.
• Witnesses must be "disinterested" — they don't inherit anything under the will. (A beneficiary who witnesses may forfeit their inheritance.)

Witnesses can be neighbors, coworkers, friends, or any unrelated adult over 18. Notarization is NOT required for the will itself in most states. But you should add a self-proving affidavit (next step).

Step 7: Add a Self-Proving Affidavit (Highly Recommended) (10 min)

A self-proving affidavit is a separate sworn statement signed by you and your witnesses in front of a notary. It confirms the will was executed properly.

Why bother? Without it, when you die your witnesses must be tracked down and brought to court to testify the will is real. If they've moved, lost touch, or died first, probate gets harder and slower. With the affidavit attached, the court accepts the will at face value.

Takes 10 minutes at a bank, UPS Store, or any notary public. Most online will services include the affidavit and instructions automatically.

Step 8: Store It Where Someone Will Actually Find It (5 min)

Your will only works if it's found.

Good options:

• Fireproof home safe (with executor knowing the location and combination)
• Your attorney's office (if you used one)
• The Will Book at your county clerk — many counties accept wills for safekeeping during your lifetime

Tell your executor where the will is. Don't tell beneficiaries the contents — that causes arguments while you're still alive.

Can You Make a Will Without a Lawyer?

Yes. All 50 states allow you to write your own will without an attorney, as long as it's signed and witnessed correctly. A simple will doesn't require legal expertise.

When DIY or an online service works fine:

• You're married or single with a straightforward family situation
• Your assets are mostly bank accounts, a home, and personal property
• You don't have a business or significant investments
• You don't expect your will to be contested
• Your estate is well below the federal estate tax threshold (~$13.6 million in 2026)

When you should hire a lawyer:

• You own a business, especially with partners
• You have a child or dependent with special needs (you may need a special needs trust)
• You want a trust as well as a will
• You have a blended family and expect family conflict
• Your estate exceeds the federal estate tax threshold
• You want to disinherit a close family member
• Anything about your situation feels complicated

For the 80% of people who fall in the first category, an online service like LegalZoom is the right answer. You'll get a properly drafted, state-valid will for $89, with the option to add an attorney consultation if questions come up.

For more on this, see our deeper guide on making a will without a lawyer.

7 Common Mistakes That Invalidate a Will

Online services like LegalZoom prevent most of these mistakes automatically by walking you through the required formalities.

Will vs. Living Will vs. Trust — What's the Difference?

These three documents are often confused.

• Last will and testament — distributes your property after death.
• Living will (advance directive) — instructs doctors about end-of-life medical care if you can't speak for yourself.
• Living trust — holds assets so they pass to beneficiaries without probate. See our guide to will vs. trust.

Most people need a will. Many also benefit from a living will and a power of attorney. A trust is useful for larger estates or when avoiding probate matters.

State-Specific Signing Requirements

Most states require:

• 18+ and of sound mind
• Two adult witnesses
• The will in writing (typed or handwritten)
• Signed by you and witnesses

Some specifics worth knowing:

• About half of states recognize fully handwritten "holographic" wills without witnesses.
• About 40 states allow self-proving affidavits.
• A few states have unique rules — Louisiana follows civil law, and Vermont and Connecticut allow electronic wills under specific conditions.

A reputable online service like LegalZoom automatically applies your state's rules. A handwritten will requires you to research them yourself.

What Happens If You Die Without a Will?

You die "intestate." State law decides who inherits your property — usually closest relatives, starting with spouse and children. Unmarried partners, friends, stepchildren, and charities receive nothing.

The court also decides:

• Who manages your estate (an "administrator" instead of an executor you chose)
• Who becomes guardian of minor children
• Who gets your sentimental items

Probate is slower and more expensive without a will. Family conflicts are common. See our full guide on what happens without a will.

Frequently Asked Questions

You've Read the Guide. Now Make the Will.

The hardest part is starting. Most people finish in under 30 minutes once they sit down.

Related guides

Sources: National Conference of State Legislatures, FindLaw, Nolo Legal Encyclopedia, American Bar Association, IRS estate tax guidance.

This guide is for general information only and is not legal advice. Will-making rules vary by state and individual situations differ. If your estate is complex (a business, a blended family, significant assets, or family conflict), consult a licensed estate planning attorney.