Creating your first will feels overwhelming, but it doesn’t have to be. Every year, thousands of families face unnecessary legal battles and financial hardship because someone didn’t have a will when they died.
The good news? Creating a valid will in 2025 is easier and more affordable than ever. Whether you have $1,000 or $1 million in assets, whether you’re 25 or 65, this guide will walk you through exactly how to create a will that protects your family.
Why You Need a Will (Even If You Think You Don’t)
“I thought since we didn’t have much money, we didn’t need a will. When my husband died in a car accident at 32, I spent 18 months and $8,000 in legal fees just to access our joint savings account and keep our house.” - Maria, Texas
You need a will if you have ANY of these:
- Bank accounts or retirement accounts
- A house, car, or other property
- Children (especially minor children)
- A partner you’re not married to
- Family photos, heirlooms, or sentimental items
- Strong opinions about your medical care
- Anyone you want to inherit from you
What happens without a will:
- The state decides who gets your assets (not you)
- Your family faces months of legal proceedings
- Children may end up with court-appointed guardians
- Your partner may get nothing if you’re not married
- Legal fees can consume 5-10% of your estate
Step 1: Choose Your Will Creation Method (2025 Options)
Option A: DIY Handwritten Will (Free, But Risky)
Best for: Emergency situations only Cost: Free Time: 1-2 hours
Legal requirements:
- Must be entirely handwritten by you (no typing)
- Must be signed and dated
- Some states require witnesses
Major risks:
- Easy to make legal mistakes that invalidate the entire will
- Not accepted in all states
- No guidance on complex situations
Option B: Online Will Services (Recommended for Most People)
Best for: Most people with straightforward situations Cost: $0-$299 Time: 20-60 minutes
Top Services for 2025:
FreeWill (Free)
- Completely free for basic wills
- Takes about 20 minutes
- Valid in all 50 states
- Great for simple situations
Trust & Will ($159-$399)
- Step-by-step guidance
- Attorney-reviewed templates
- Includes will, power of attorney, and healthcare directives
- Unlimited updates for one year
LegalZoom ($89-$349)
- Most comprehensive guidance
- Attorney consultations available
- Business will options
- Phone support
Nolo Quicken WillMaker ($99)
- Detailed state-specific forms
- Extensive guidance library
- Not available in Louisiana
Option C: Attorney-Created Will (Best for Complex Situations)
Best for: High net worth, complex family situations, business owners Cost: $300-$3,000+ Time: 2-4 weeks
When you need an attorney:
- Estate worth more than $500,000
- You own a business
- Complex family situations (divorced with kids from multiple marriages)
- You want to minimize estate taxes
- You have concerns about will contests
- You own property in multiple states
Step 2: Gather Essential Information
Before creating your will, collect this information:
Personal Information
- Full legal name and address
- Date and place of birth
- Social Security number
- Spouse’s full information (if married)
Asset Inventory
Financial Assets:
- Bank account details and approximate balances
- Investment accounts (401k, IRA, brokerage accounts)
- Life insurance policies
- Outstanding debts
Physical Assets:
- Real estate (include property addresses and approximate values)
- Vehicles (make, model, year, VIN if available)
- Valuable personal property (jewelry, art, collections)
- Business interests
People Information
Beneficiaries (people who will inherit from you):
- Full names and relationships
- Current addresses
- Birthdates for minor children
Key Roles (choose different people for each):
- Executor: Handles your estate after death
- Guardian: Cares for minor children
- Trustee: Manages money for minor children
Step 3: Make Critical Decisions
Who Gets What?
For married couples:
- Most people leave everything to their spouse
- Name backup beneficiaries for if your spouse dies first
- Specify what happens to joint property
For single people:
- Divide assets among family, friends, or charities
- Be specific about percentages or dollar amounts
- Name backup beneficiaries
For parents with minor children:
- Choose guardians carefully
- Consider creating trusts for children’s inheritance
- Specify how inheritance should be used (education, living expenses)
Choosing an Executor
Your executor handles your estate after you die. Choose someone who is:
- Trustworthy: Will follow your wishes honestly
- Organized: Can handle paperwork and deadlines
- Local: Lives near you or can travel easily
- Willing: Ask before naming them
Good executor choices:
- Adult children or siblings
- Close friends with good financial sense
- Professional services for large estates
Avoid choosing:
- People with financial problems
- Family members who don’t get along
- Anyone who lives far away without good reason
Step 4: Create Your Will (Using Online Service)
Here’s how to use an online service step-by-step:
Phase 1: Account Setup (5 minutes)
- Choose your online service
- Create an account with your email
- Select your state (this determines which laws apply)
Phase 2: Personal Information (10 minutes)
- Enter your personal details
- Add spouse information if married
- List children with birthdates
- Identify family members
Phase 3: Asset Information (15 minutes)
- List financial accounts
- Add real estate properties
- Include valuable personal property
- Note any business interests
Phase 4: Beneficiary Decisions (10 minutes)
- Assign percentages or specific items to beneficiaries
- Name backup beneficiaries
- Specify what happens to joint property
- Include charitable gifts if desired
Phase 5: Choose Key People (10 minutes)
- Select executor and backup executor
- Choose guardians for minor children
- Name trustees for children’s money
- Confirm everyone has agreed to serve
Phase 6: Special Instructions (5 minutes)
- Add funeral preferences
- Include special bequests (grandmother’s ring to specific person)
- Write personal messages if desired
- Add any specific instructions for your executor
Phase 7: Review and Finalize (5 minutes)
- Review all information carefully
- Check for spelling errors
- Verify all beneficiaries and percentages add up to 100%
- Generate your will document
Step 5: Execute Your Will Properly (Critical Legal Step)
This step is crucial - an improperly executed will can be invalid
Standard Execution Requirements (Most States)
You need:
- Your completed will (printed, not digital)
- Two adult witnesses (not beneficiaries)
- Black ink pen
- Notary public (required in some states)
Step-by-step execution process:
-
Print your will
- Use quality paper
- Print all pages
- Don’t staple or bind yet
-
Assemble your witnesses
- Must be at least 18 years old
- Cannot be beneficiaries in your will
- Cannot be related to you
- Should not be your spouse
- Must be mentally competent
-
Sign in the right order
- You sign first, in front of both witnesses
- State: “This is my will and I’m signing it voluntarily”
- Each witness then signs in front of you and the other witness
- Everyone should use the same black ink pen
-
Complete witness statements
- Most wills include attestation clauses
- Witnesses confirm they saw you sign
- Witnesses confirm you appeared mentally competent
- Witnesses confirm you signed voluntarily
-
Notarization (if required)
- Some states require notarization
- Schedule with a notary public
- Bring valid photo ID
- All witnesses must also bring ID
State-Specific Requirements
States requiring notarization: Louisiana, North Carolina, South Carolina States with special witness requirements: Florida (2 witnesses), Vermont (3 witnesses for some situations) States accepting self-proving affidavits: Most states allow notarized affidavits that can speed probate
Check your state’s specific requirements or your online service will guide you through your state’s rules.
Step 6: Store Your Will Safely
Original Document Storage
Best options:
- Fireproof safe in your home
- Safe deposit box at your bank
- Attorney’s office (if you used one)
- Court registry (available in some states)
Important: Your executor needs to know where to find the original.
Copy Distribution
Give copies to:
- Your executor
- Your spouse or adult children
- Your attorney (if you used one)
- Anyone with important information about your assets
Don’t give copies to:
- Minor children
- People not mentioned in your will
- Anyone you don’t completely trust
Digital Organization
- Scan your executed will and store securely
- Keep a list of where all copies are located
- Include will location in your important documents folder
- Consider using a digital estate planning service
Common Will Creation Mistakes (And How to Avoid Them)
Mistake 1: Improper Execution
Wrong: Signing your will alone or with only one witness Right: Follow your state’s exact execution requirements
Mistake 2: Choosing Inappropriate Witnesses
Wrong: Having your spouse or beneficiaries witness your will Right: Choose impartial adults who aren’t mentioned in your will
Mistake 3: Being Too Vague
Wrong: “I leave my personal property to my children” Right: “I leave my jewelry to my daughter Sarah and my tools to my son Mike”
Mistake 4: Not Updating After Life Changes
Wrong: Never changing your will after marriage, divorce, or having children Right: Review and update your will every 3-5 years and after major life events
Mistake 5: Not Coordinating with Other Documents
Wrong: Creating a will without considering your 401k beneficiaries Right: Make sure your will, beneficiary designations, and other documents work together
Mistake 6: DIY Complex Situations
Wrong: Using a simple online will for a $2 million estate with a business Right: Consult an attorney for complex financial or family situations
When to Update Your Will
Update immediately after:
- Marriage or divorce
- Having or adopting children
- Death of spouse, executor, or guardian
- Significant change in assets (inheritance, business sale)
- Moving to a different state
Review regularly:
- Every 3-5 years
- When children become adults
- When executors or guardians age or become unable to serve
- After major life events
How to update:
- Small changes: Create a codicil (amendment)
- Major changes: Create a new will and destroy the old one
- Never handwrite changes on an existing will
Cost Breakdown for 2025
Free Options
- Handwritten will: $0 (but high legal risk)
- FreeWill online: $0 (basic will only)
Paid Online Services
- Basic online will: $39-$89
- Comprehensive package: $159-$399 (includes power of attorney, healthcare directives)
- Annual updates: $50-$100/year
Attorney Services
- Simple will: $300-$600
- Complex will: $1,000-$3,000
- Estate planning package: $1,500-$5,000
Hidden Costs to Consider
- Notarization: $15-$25
- Safe deposit box: $50-$200/year
- Updates and revisions: $100-$500
- Probate costs without proper planning: 3-10% of estate value
Frequently Asked Questions
Do I need a lawyer to create a will?
No, you don’t need a lawyer for most situations. Online services work well for:
- Straightforward family situations
- Estates under $500,000
- People without complex business interests
You should consider a lawyer if:
- Your estate is worth more than $500,000
- You own a business
- You have complicated family dynamics
- You want to minimize estate taxes
Can I write my own will by hand?
Yes, handwritten wills (holographic wills) are legal in most states, but they’re risky:
- Easy to make mistakes that invalidate the entire will
- No guidance on legal requirements
- May not cover complex situations
- Not accepted in all states
Does my will need to be notarized?
It depends on your state:
- Most states: Notarization not required, but witnesses are required
- Louisiana, North Carolina, South Carolina: Notarization required
- Self-proving affidavit: Many states allow notarized statements that can speed probate
What if I move to another state?
Wills created in one state are generally valid in other states, but:
- State laws vary on execution requirements
- Some states have different rules about digital assets or homestead exemptions
- Consider reviewing your will with a local attorney if you move
Can I change my mind after creating a will?
Yes, you can always:
- Create a new will (destroys the old one)
- Add a codicil (amendment) for small changes
- Revoke your will entirely
Never handwrite changes directly on your will - this can invalidate it.
What happens to my digital assets?
Digital assets (photos, social media accounts, cryptocurrency) aren’t always covered by traditional wills:
- Include digital assets specifically in your will
- Create a list of digital accounts with instructions
- Consider using a digital estate planning service
- Give someone access to your password manager
Your Next Steps
This Week
- Choose your will creation method based on your situation and budget
- Gather your information using our checklist above
- Start the will creation process using your chosen service
- Identify your witnesses and confirm they’re available
Next Week
- Complete your will draft with all necessary information
- Review everything carefully for accuracy and completeness
- Schedule will execution with your witnesses (and notary if required)
- Execute your will properly following all legal requirements
This Month
- Store your original will safely and tell your executor where it is
- Distribute copies to appropriate people
- Update beneficiary designations on retirement accounts and insurance
- Create complementary documents (power of attorney, healthcare directives)
The Bottom Line
Creating your first will doesn’t have to be complicated or expensive. For most people, a quality online service provides everything you need to protect your family legally and affordably.
The most important step is starting. A simple will created today is infinitely better than the perfect will you never create.
Your family will thank you for taking this step. More importantly, you’ll have peace of mind knowing that your wishes will be honored and your loved ones will be protected, no matter what happens.
Remember: This guide provides general information, but estate planning laws vary by state and situation. For complex estates or family situations, consult with a qualified estate planning attorney in your state.
Ready to create your will? Eternal Vault helps you organize all your important documents, including your will, in one secure place your family can access when they need it. Questions about will creation? Contact our team for personalized guidance and resources.