How to Write a Simple Will

Creating a will might sound daunting—but it doesn’t have to be. A simple will is an easy, effective way to make sure your wishes are honored and your loved ones are protected. Whether you're just getting started with estate planning or looking to put the basics in place, this guide will walk you through how to write a simple will.

What Is a Simple Will?

A simple will is a straightforward legal document that outlines your final wishes, like who should inherit your assets and who will care for your minor children. It’s called “simple” because it covers the basics: naming beneficiaries, appointing an executor to carry out your wishes, and, if needed, choosing a guardian for your kids.

Simple wills are ideal for individuals with uncomplicated estates. This typically refers to people with a modest amount of assets, no complex financial arrangements, and clear intentions for how their estate should be handled. (Examples that might “complicate” an estate could include international property, split business ownership, or estranged families). 

While a simple will may not include advanced planning tools like a trust, it is still a powerful way to ensure your loved ones are cared for and your voice is heard. Most importantly, it can help avoid confusion and conflict by putting your wishes in writing.

Can You Write a Simple Will Without a Lawyer?

Yes, it’s both legal and safe to write your own simple will—if you follow the proper steps. Many people with uncomplicated estates choose to create a will without a lawyer, using trusted online platforms that provide clear guidance and legally valid documents. Just make sure your will meets your state’s legal requirements, including signing and witnessing rules. When done correctly, a self-made will can be a powerful, effective way to begin estate planning.

How to Write a Simple Will

There are a few ways to create a simple will, depending on your circumstances. Here are the most common options:

• Online Will-Making Platforms: Services like Trust & Will offer a guided, step-by-step process to help you create a legally valid will from the comfort of your home. You’ll answer straightforward questions about your assets, wishes, and loved ones, and the platform will generate customized, state-specific documents. It’s an ideal choice for those who want a simple, secure, and affordable solution—with the added benefit of support along the way.

• Handwritten Wills: Also known as holographic wills, these are written entirely by hand and signed by the person making the will. While they can be legally valid in some states, handwritten wills are more likely to be challenged or deemed invalid if they don’t meet specific state requirements. This method is not recommended unless you’re familiar with your state’s laws and have no other option.

• Do-It-Yourself Kits or Templates: Paper-based or downloadable templates offer a fill-in-the-blank approach to will-making. While affordable and accessible, they often lack customization and legal guidance, which can lead to mistakes or omissions. If you choose this route, be sure to carefully follow your state’s rules to ensure your will is enforceable.

What Should You Include in a Simple Will?

A simple will covers the essentials to make sure your wishes are clearly documented and legally recognized. Here’s what to include:

• Your full name and declaration: Clearly state that the document is your Last Will and Testament.

• Executor designation: Appoint someone you trust to carry out the instructions in your will.

• Beneficiaries: List the people or organizations who will receive your assets, and specify what each should receive.

• Guardianship for minor children: Name a guardian to care for your children if something happens to you.
  Assets and property: Detail the specific items, property, or accounts you want to pass on—and to whom.

• Signature and date: Sign and date your will to make it official.

• Witnesses: Most states require at least two witnesses who are not beneficiaries to sign the will in your presence.

How Much Does a Simple Will Cost?

The cost of a simple will can vary widely depending on how you create it. Handwritten wills may be free, but they carry legal risks if not done properly. Do-it-yourself kits and templates typically range from $20 to $100, though they often lack customization and support. Online platforms like Trust & Will offer a balanced solution, providing legally valid, state-specific documents for around $159, with the option to add features like document storage and updates. Compared to hiring an attorney, which can start at  several hundred dollars, it’s a more affordable way to get peace of mind.

What Mistakes Do People Make With Their Simple Wills?

• Not following state-specific laws: Every state has its own rules for making a will valid—like witness requirements. Missing these can invalidate your will.

• Improper signing or witnessing: A will must be signed and witnessed correctly to be legally valid. Mistakes here are common and easily avoidable.

• Failing to share your will:  A will that’s lost or hard to access can’t help your loved ones. Always store it in a safe, accessible place and let someone know where it is.

• Forgetting to update the will: Life changes—like marriage, divorce, or new children—should prompt a will update. Outdated wills can create confusion or unintended outcomes.

• Being too vague: General or unclear language can lead to disputes. Be specific about who gets what.

• Overlooking key assets: Some assets, like retirement accounts or jointly owned property, may not be covered by a will if not listed or titled correctly.

• Not naming an executor or guardian: Failing to name someone to carry out your wishes, or a guardian for minor children, can leave important decisions up to the court.

Do Simple Wills Avoid Probate?

No, a simple will does not avoid probate. In fact, it typically goes through the probate process—a court-supervised procedure that ensures your assets are distributed according to your wishes. While a simple will can make probate easier by clearly outlining your intentions, it doesn’t bypass the process altogether. If avoiding probate is a priority, you might consider creating a trust, which allows assets to be passed directly to beneficiaries without court involvement.

Why Create a Simple Will?

Creating a simple will is one of the most thoughtful steps you can take to protect the people and things you care about. It ensures your wishes are clearly documented, reduces the burden on loved ones during a difficult time, and provides peace of mind knowing that important decisions—like who inherits your assets or cares for your children—won’t be left to chance. Whether you're just starting your estate planning journey or looking for a straightforward way to get your affairs in order, a simple will is a powerful way to take control of your legacy.

FAQs:

What Is the Difference Between a Will and a Simple Will?

The term “simple will” is often used to describe a basic version of a will, one that covers essential decisions without complex provisions. A will, more broadly, refers to any legal document that outlines how you want your assets distributed, who should care for your minor children, and who will carry out your wishes after you pass.

Here’s how they differ:

• Simple Will: Covers the basics—naming beneficiaries, appointing an executor, and designating guardianship. It’s best suited for individuals with modest estates and straightforward wishes.

• More Complex Wills: May include advanced instructions for distributing large or complicated assets, creating trusts within the will, tax planning strategies, or provisions for special needs dependents.

In short, every simple will is a will, but not every will is simple. 

What Is the Simplest Form of a Will?

The simplest form of a will is a basic, straightforward document that states who should receive your assets and who will manage your affairs after you pass. Often a simple will includes the most essential elements:

• Your personal information

• A list of beneficiaries

• An appointed executor

• Guardianship for minor children (if applicable)

• Your signature and that of required witnesses

What Are the Three Basic Requirements of a Valid Will?

To ensure your will is legally valid, it must meet three basic requirements—though specific rules can vary by state:

1. Legal Capacity and Intent: You must be at least 18 years old and of sound mind, meaning you understand what a will is, what you own, and who should inherit your assets.

2. Properly Signed and Witnessed: You must sign the will, and in most states, it must also be signed by at least two adult witnesses who are not beneficiaries. Some states have additional requirements, like notarization.

3. Clear and Voluntary Instructions: The will must clearly state your intentions and be created voluntarily—without pressure or undue influence from others.

Is a Handwritten Will Legal?

Yes, a handwritten, or holographic, will can be legal, but it depends on your state’s laws. Some states recognize handwritten wills as valid, as long as they meet specific requirements, such as being entirely written and signed in your own handwriting. However, they often don’t require witnesses, which can make them more vulnerable to challenges in court.

Trust & Will makes estate planning simple so you can create a customized, state-specific plan from the comfort of your own home. Take our free quiz to discover which estate plan best fits your needs today, to secure your family’s future.

Is there a question here we didn’t answer? Browse more topics in our learn center, visit our Frequently Asked Questions (FAQ) page,  or chat with our member support!

Trust & Will is an online service providing legal forms and information. We are not a law firm and we do not provide legal advice.