You may write your own legally-binding will if you have minimal or no property or assets and no minor children. However, it is advisable to get professional legal advice from an estate attorney if:
-- Your total assets are worth more than $2 million
-- You own a substantial estate with valuable property and stocks
-- You own a business
-- You are in a second marriage
-- You have minor children
-- You want to leave your assets to someone unconventional (someone other than your spouse).
To be legally binding, your will must comply with the laws of the state you reside in and it must be signed by you and by two witnesses (or as many witnesses as your state requires). The witnesses must be of legal age, must not be your relatives, and must not be anyone listed as a beneficiary in your will. Also, an executor must be named who will administer the terms of your will. This is done under a separate witness affidavit that must be notarized. In your will, list all your assets (property, stocks, businesses, art collections, etc.) and the names of your spouse and children (minor and adult). Also, instruct your executor how to pay off any debts; who will receive your cash, property, and gifts (including tangible assets such as paintings); and who will be the guardian of your minor children.
For reliable help to write your own will, you can purchase software programs such as Quicken’s WillMaker Plus. Web sites that provide forms for writing wills include LegalZoom.com, LegacyWriter.com, and BuildaWill.com. CNN Money.com and U.S. News & World Report offer advice on writing your own will.
Be wary of Web sites that offer to have your will reviewed by a “specialist,” as these people are typically not lawyers. Once you have completed your will, have your attorney check it. You do not need to file it with the court. Inform your spouse, children, and executor that you have written a will and tell them where it can be found, such as in a fireproof box at home. There is a downside to writing your own will; if, after your death, your will is determined by a probate court to be invalid, the court has the right to distribute your property and assets as it sees fit and will determine who will be the guardian of your children.