Preparing a will requires a systematic review of your assets and family relationships. Follow these steps to establish a legally sound document:
List all real estate, brokerage accounts, business interests, and personal property, alongside outstanding debts.
Identify the individuals or organizations that will receive specific bequests and the residuary estate.
Select a capable individual or corporate executor to manage the probate process, pay administrative expenses and taxes, and distribute assets.
Designate primary and alternate guardians for minor children.
Draft clear, unambiguous instructions. To execute the will, sign it in the presence of disinterested witnesses as required by state law (typically two witnesses who do not inherit under the will).
Store the original document in a fireproof safe or with your attorney, and inform your executor of its location. A photocopy is generally insufficient for probate.
Using Software to Prepare a Simple Will While online platforms are cost-effective for simple estates, they are mass-market instruments designed for individuals with straightforward assets, a single marriage, and net worth well below the federal estate tax exemption. They cannot handle multi-state property titling, blended-family dynamics, advanced asset-protection structures, generation-skipping transfer (GST) tax allocations, or state-level estate taxes. If your net worth exceeds several million dollars, or if you own business entities, have a non-citizen spouse, or support beneficiaries with creditor risks, the legal fees for an estate attorney are negligible compared to the cost of a defective structure. Online software is useful only for drafting a temporary placeholder.
For individuals with simple estates, common options include:
Handwritten Wills (Holographic Wills) A handwritten will, or holographic will, must be written, dated, and signed entirely in the testator’s handwriting. While recognized in approximately half of U.S. states, they are highly vulnerable to challenges based on ambiguity, lack of witnesses, and proof of authorship. Many jurisdictions require two witnesses to validate a will, rendering an unwitnessed holographic will invalid. Avoid holographic wills; they are a recipe for post-mortem litigation.
When Lawyers Are Required Retain an estate planning attorney in any of the following scenarios:
If you have a large estate with diverse assets, multiple beneficiaries, or complex distribution plans, an attorney can navigate the details.
If your estate exceeds federal or state estate tax exemption thresholds, requiring trusts or charitable structures to mitigate taxes.
If you own business entities requiring buy-sell agreements or transition planning.
If you must navigate stepchildren, multiple marriages, or co-parenting dynamics to prevent accidental disinheriting of heirs.
If you anticipate disputes among beneficiaries, an attorney can draft a more robust will to withstand legal challenges.