Do I need a lawyer to make a will?

Not necessarily. For simple estates, online tools like Trust & Will, LegalZoom, or FreeWill create legally valid wills for $0-$200. But if you have a complex situation — blended family, business ownership, property in multiple states, large estate, or minor children — an estate planning attorney ($500-$2,000) is worth the investment. A poorly drafted will can cause more problems than no will at all.

What happens if I die without a will?

The state decides who gets your assets through intestacy laws. Typically, your spouse and children inherit, but in proportions you might not choose. Unmarried partners get nothing. Close friends get nothing. The court appoints a guardian for your children. The process (probate) takes longer and costs more. About 67% of Americans don't have a will — don't be one of them.

How often should I update my will?

Review your will every 3-5 years and after any major life event: marriage, divorce, birth of a child, death of a beneficiary or executor, significant change in assets, moving to a new state (state laws differ), or change in your wishes. Don't just create a will and forget it — an outdated will can be worse than no will.

Things to Do Before Making a Will

Before you make a will, you need three things: a complete picture of what you own, clear decisions about who gets what, and the right people named to carry out your wishes. Skip any of these, and your will may create more problems than it solves.

Pre-Will Checklist

#	Task	Details
1	Inventory all assets	Property, accounts, investments, vehicles, valuables
2	List all debts	Mortgage, loans, credit cards
3	Decide on beneficiaries	Who gets what (and what percentage)
4	Choose an executor	The person who carries out your wishes
5	Name a guardian for minor children	Who raises your kids if you can’t
6	Consider a trust (if needed)	For minor children, special needs, or large estates
7	Review beneficiary designations	Accounts with named beneficiaries bypass the will
8	Gather key documents	Deeds, account statements, insurance policies
9	Decide on DIY vs. attorney	Based on complexity of your estate
10	Understand what a will can’t do	Some assets aren’t controlled by a will

Asset Inventory Worksheet

Asset Type	Examples	Include?
Real estate	Home, rental property, vacation home, land	✅
Bank accounts	Checking, savings (without POD beneficiary)	✅
Investment accounts	Brokerage (without TOD beneficiary)	✅
Vehicles	Cars, boats, motorcycles, RVs	✅
Personal property	Jewelry, art, collections, electronics, furniture	✅
Digital assets	Crypto, online accounts, digital files	✅
Business interests	Ownership stakes, partnerships	✅
401(k), IRA	Controlled by beneficiary designation	⚠️ Will doesn’t control
Life insurance	Controlled by beneficiary designation	⚠️ Will doesn’t control
Joint accounts	Passes to co-owner automatically	⚠️ Will doesn’t control
Property in a trust	Controlled by trust document	⚠️ Will doesn’t control

Key People to Name

Role	What They Do	How to Choose
Executor	Manages your estate, pays debts, distributes assets	Trustworthy, organized, willing — can be family or professional
Backup executor	Takes over if primary can’t serve	Different person, same qualities
Guardian (for minor children)	Raises your children	Shares your values, financially stable, willing
Backup guardian	If primary guardian can’t serve	Discuss in advance
Trustee (if creating a trust)	Manages assets for beneficiaries	Financially savvy, trustworthy

Will Options by Complexity

Method	Cost	Best For
FreeWill (online, free)	$0	Simple estates, single individuals
Trust & Will (online)	$159-$599	Couples, families with straightforward needs
LegalZoom (online)	$89-$249	Simple to moderate estates
Estate planning attorney	$500-$2,000	Blended families, business owners, multi-state property, large estates
DIY (state forms)	$0-$50	Very simple situations (risks of errors)

What a Will Can and Can’t Do

A Will CAN	A Will CANNOT
Distribute property and assets	Override beneficiary designations on accounts
Name a guardian for minor children	Avoid probate (need a trust for that)
Name an executor	Control jointly owned property
Create testamentary trusts	Control assets already in a trust
Specify funeral wishes	Provide for a pet (need a pet trust in most states)
Disinherit certain people	Disinherit a spouse in most states (forced share laws)
Forgive debts owed to you	Make conditions that are illegal or against public policy

Common Mistakes to Avoid

Mistake	Why It’s a Problem
Not updating after life changes	Outdated will may give assets to ex-spouse
Forgetting beneficiary designations	401(k) and life insurance bypass the will
Naming a minor as direct beneficiary	Minors can’t inherit directly — need a trust
Not discussing wishes with executor/guardian	They may not agree to serve
DIY in a complex situation	Errors can invalidate the will
Keeping it a secret where the will is stored	No one can find it when needed
Not signing with proper witnesses	Requirements vary by state (most need 2 witnesses)

The Bottom Line

Making a will doesn’t need to be complicated or expensive, but it does need to be done. Start with an asset inventory and beneficiary decisions, choose your executor and guardian, then decide whether DIY or an attorney is right for your situation. Most importantly: tell someone where the will is stored and review it after every major life change.