How to write a simple will: Cost and examples

A simple will is a legal document you use to decide who should inherit your property and assets after you die. Despite its simplicity, it's likely one of the most important documents you'll create during your lifetime.

Every American should have a will. In it, you make important decisions about who you want to receive your property and look after your kids after you pass away. It also provides clarity and closure for your loved ones and speeds up the probate process for everyone involved.

Some people mistakenly think that a lawyer has to write a will for it to be valid. This isn’t true: Americans have the right to legally represent themselves in all legal matters, including making their own will. Other people think a will is too complicated a document to make on their own. But here’s the good news: simple wills are easy and affordable to create.

In fact, you can use FreeWill’s online will-maker to create your own will in less than 20 minutes — completely free. Our will documents are easy to use, customized to you, and legally binding in all 50 states and Washington D.C.

What is a simple will?

A simple or basic will is a legal document that explains how you want your property distributed after you die.

There are some legal requirements you must follow for your will to be considered a valid document. In your will, you should:

• State that the document is your will and reflects your final wishes. This shows the court that you wanted this document to serve as your will — it wasn’t a draft or a mistake. You can also include a statement voiding all previous wills you’ve written.
• Name the people you want to inherit your property after you die. These heirs are called beneficiaries. Your beneficiaries can be family members, friends, and even charitable organizations you care about.
• Choose someone to carry out the wishes in your will. This person is known as your will executor, and should be someone you trust.
• Name guardians to care for your minor children or pets, if you have them.
• Sign your will in front of witnesses. This is very important. Your will isn’t valid without your signature. When you sign your will, you should have witnesses present to also sign your will. By signing, the witnesses promise that your will was truly written by you, and that you were of sound mind and not under pressure from someone else when you made it. Witnessing laws vary by state, so make sure you understand the laws where you live.

If you use FreeWill to make your will, we’ll walk you step-by-step through the process of creating your will, which includes naming an executor and listing beneficiaries for each of your assets. We also include witness and notary instructions specific to the state where you live.

How to write a simple will

There are several different methods you can use to make a simple will at home:

• You can use an online will-maker platform. With FreeWill, you can make your will for free, then download and print your forms with instructions on how to make your will legally valid in your state. There are many online will-making platforms available, but most will charge you money for their services. FreeWill is one of the only completely free options available.
• You can write it out by hand. This is known as a holographic will. Although this may seem like the simplest option, estate planning experts don’t recommend it. This is because it’s easy to make mistakes when hand-writing your will. As a result, holographic wills can be difficult to prove in court, which can cause delays and heartache for your loved ones.
• You can use a do-it-yourself will kit or template. These can provide more structure and support than a handwritten will. However, will kits cost money, and printed templates aren’t customizable and can pose the same validity problems as a handwritten will.

Want to know more about the will-making process? Check out our ten-step guide on how to make your own will.

What should you include in a simple will?

In your will, you should include a list of all the items, property, and accounts you own. This includes:

• Property, like your home, vehicles, and other real estate you own
• Financial assets, like your investment accounts
• Pets
• Family heirlooms or personal items

Once you have a complete list of your assets, you’ll choose a beneficiary for each asset and list them in your will. Your beneficiaries will inherit these assets after you die.

Need help getting started? Here’s a list of the most important assets to include in your will (and a handful you should exclude).

How much does a simple will cost?

The average cost of a simple will depends on which avenue you use to make it. On the more affordable end, making a simple will could cost less than $100 if you use an online will provider. If you choose to hire a lawyer to write your will, it could cost several hundred dollars, at minimum.

Here are some popular options, from least to most expensive:

• Use an online will-maker. You can go with a free option (like FreeWill), or use an online will provider that may provide additional support for your questions. These can cost upwards of $100.
• Purchase a will kit. There are will kits available on sites like Amazon and Staples that usually cost around $15-50. But these forms are often difficult to customize and don’t provide you with any help or support. And there are some online sites promising “free” will kits that require you to sit through phone calls or life insurance pitches. Before you give out your personal information, consider checking a consumer review website like Trustpilot to see if the company is reliable.
• Have a lawyer or estate attorney draft your will. Pricing varies, but you can expect to pay more than $300 for a basic will from a lawyer depending on where you live. A more intricate will could cost upwards of $1,000.

Is a simple will good enough?

Simple wills provide enough coverage for most Americans. For example, if you own a home, are married with kids, and have a 401(k) account, a simple will would most likely cover your needs.

If you have a more complicated estate or life situation, you may need more coverage than a simple will provides. Some examples include:

• You’re divorced or remarried
• You have stepchildren or children from a previous relationship
• You have a difficult family situation (such as an estranged family member)
• You own a business
• You own property in multiple states
• You own significant assets and want to reduce estate taxes

If any of these sound like you, establishing a trust or working with an estate attorney might be a better option to ensure everything in your estate is accounted for.

Even if you decide to work with a lawyer, you can prepare your documents in FreeWill’s will template beforehand. Taking inventory of your assets and creating a rough outline of your wishes before meeting with an attorney can help direct your conversation and save you time and money.

The probate process for a simple will

All wills, regardless of how they’re made, must go through probate. Probate is the legal process of distributing your estate after you die. A court oversees the process to make sure your debts are paid and your property is passed on to the correct people.

If you have a will, the probate process becomes much easier. First, your will executor files a petition with the probate court and presents your will. The court then confirms your will is signed and witnessed according to state law.

Once the court accepts it, your will executor carries out your wishes as stated in your will. They distribute your assets, pay your outstanding taxes and debts, and close accounts as outlined in your will.

If you die without a will, the probate process becomes more complicated. The court must choose an executor for you, which may be someone different than who you wanted. Then your assets are distributed according to state laws. This default distribution could be different from what you would’ve chosen, had you made a will. And if you have children, the court will look for volunteers among your family members to take in and raise your kids. Don’t leave this important decision up to chance!

Do I really need a will?

Yes — the truth is that everyone should have a will, regardless of how much they own. Making your wishes clear and known is one of the kindest things you can do for your loved ones. It reduces the burden on them to make difficult decisions during a painful time. And choosing a guardian for your kids (if you have them) is an important responsibility as a parent. It’s a way to continue caring for your children, even if something were to happen to you.

If you’re ready, you can use FreeWill to create your free, legally-valid will in as little as 20 minutes. Want to learn more? Here’s our step-by-step guide to making a will.