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Preparing your will: How an attorney can help

You might want to spend the money for a lawyer.

Written byNancy Ashburn

Fact-checked byDavid Schepp

Photo illustration featuring a smiling lawyer holding a folder on the left, the bronze statue of Lady Justice holding scales on the right, and a blue label in the center reading Last Will and Testament.

Some things are still best when done the old-fashioned way.

The proliferation of legal services and software available on the Web makes creating your will quick and easy—and some experts argue that creating a will online is better than having no will at all. But much like going to the doctor for treatment instead of diagnosing yourself online, hiring an attorney to draw up your will can give you a better outcome, and an extra layer of defense in case someone were to contest the will after you pass away.

Key Points

Creating a will is an important part of estate planning.
States have various requirements for a valid will.
Hiring a lawyer to create your will and other estate planning documents can help ensure your wishes are followed and not left up to a judge.

Estate planning is the process of deciding what you want to happen to your assets if you die or become incapacitated, as well as ensuring your final wishes will be executed. In addition to a list of your assets, your beneficiary forms, and other items on your estate planning checklist, your estate plan likely needs to include a will.

Typical parts of a will

When written properly, a will answers basic questions about what to do with your estate once you die.

Executor: A will usually lists who is responsible for carrying out your wishes.
Beneficiaries: A will should identify who gets which portions of your estate and what to do if a beneficiary dies before you do.
Division of assets: A will states how your property will be divided among your heirs.
Guardianship of children: If you die while your children are young, a will typically lists who will care for them and what funds might be used to support them.
Creditors and debt payments: A will might identify which assets—and in which order—should be used to pay your loans or credit card bills.

Ensuring your will is binding

Each state has rules regarding wills and what makes them legally binding. Typically, wills must be:

Printed or typed. Many states also allow handwritten wills, also known as holographic wills, but they must meet certain standards.
Signed by witnesses who do not benefit from the will, and at a time in which the person understands that they are creating a will.
Notarized, meaning an official has reviewed the document to ensure it’s authentic.

If you make a will using a website, the document must meet your state’s requirements to ensure its validity. If your will is found to be invalid, the state might consider you intestate (as having died without a will).

If your heirs contest your will because they believe you were not of sound mind when it was made or that you were pressured by someone to make certain provisions, it’s much harder to prove your will is binding if you prepared it yourself.

Dying intestate: Death without a will

When someone dies without a will, their assets are distributed according to the state’s intestacy laws. Payments to beneficiaries are typically made in a specific order (spouse, children, etc.) that may not consider stepchildren or romantic partners who aren’t legally married. If no relatives can be located, the state takes possession of any assets, which might then be passed on to government entities such as hospitals or schools.

Other parts of estate planning

In addition to a will, a lawyer or other advisor might help you with other estate considerations.

Medical concerns: A living will and health care power of attorney ensure your wishes are followed if you’re unable to make decisions.
Tax consequences: If your estate is large, there may be tax implications for your heirs. Professionals may suggest gifting assets while you are alive or setting up trusts to manage your assets.
Ownership considerations: The ownership of your assets, such as your home, car, investments, and bank accounts matters when you die.
Beneficiaries: The people who will automatically receive a benefit from your insurance policies and retirement plans should be named.

After reviewing your personal and financial situation, a lawyer can recommend steps for creating a solid estate plan beyond those you may have considered.

Estate lawyers

Any attorney can do basic estate planning for you, but if your assets are large or complicated, you may be better off hiring a lawyer who specializes in estate planning. Find one locally by calling your county or state bar association.

The costs of estate planning vary depending on the size of your estate. Some lawyers bill hourly, while others charge a flat fee. Some attorneys charge more than $500 an hour; a simple estate plan can run $1,000 or more. Before making an appointment, understand the costs and how they are handled.

The bottom line

A will is just a piece of the puzzle when considering your overall estate plan. By consulting an estate attorney, you can be assured that your financial situation and wishes are communicated and documented.

Once your estate plan is complete, review it every three to five years. If anything has changed—if your children are now adults, or one of your heirs has died, for example—update your will and other estate documents.

Be cautious if you’re considering using an online template to create your will. Even if your estate is small or simple, a will must be executed properly to be considered valid. Spending money on a lawyer now may save your heirs time, money, and stress after you’re gone.

This article was most recently revised and updated by Nancy AshburnThis article was most recently revised and updated by David Schepp