DIY Will Kit: Pros, Cons & How to Use One Safely

March 22, 2025

A DIY legal will kit can produce a solid, court‑respected last will and testament for a straightforward U.S. estate if you follow the rules your state requires. The kit is not trying to turn you into an attorney; it is trying to keep you from the handful of execution mistakes that derail probate more often than drafting ever does. This guide explains what a complete will must cover, how to sign it correctly, how to coordinate it with beneficiary designations, and when your facts signal that you should hire counsel instead.

What a complete will looks like, in substance

At minimum, a will should identify you and revoke prior wills, appoint an executor and an alternate, make any specific bequests, and then dispose of the residuary estate—everything else you own that is subject to probate. If you have minor children, it should nominate guardians and alternates. If minors may inherit, it should direct that their shares be held in a simple trust with a trustee and distribution standards that authorize spending for health, education, support, and maintenance and, later, staged releases of principal. Good kits also include authority for the executor to manage digital assets consistent with state statutes so email, photos, and financial logins can be accessed lawfully.

What a will does not control

A will does not move assets with beneficiary designations—retirement accounts, life insurance, some transfer‑on‑death brokerage registrations—or assets already titled to a revocable living trust or held in joint tenancy with right of survivorship. Those transfers occur outside probate. Coordinating your will with your 401(k)/IRA and insurance designations on the same day prevents contradictions that later force awkward outcomes.

Execution: the part that makes or breaks validity

States differ, but most require two adult witnesses and allow a self‑proving affidavit signed before a notary by you and the witnesses. The safest practice is to use two disinterested witnesses—people who are not beneficiaries—and have them present when you sign or acknowledge your signature. The affidavit allows the court to accept the will without calling your witnesses to testify years later. Store the original at home in a safe, accessible place and tell your executor how to retrieve it quickly. The court wants the original, not a scan.

Picking the executor and giving them the right powers

Your executor should be organized, calm, and comfortable handling paperwork. They do not need to be a lawyer or accountant; they can hire professionals as a normal estate expense. The will should grant powers to sell property, settle small claims, pay valid debts and taxes, and deal with digital accounts. Naming an alternate avoids the scramble if your first choice is unavailable when needed.

Guardianship and the role of a trustee for minors

If you have minor children, a guardianship nomination belongs in the will. Choose a primary and an alternate and confirm that they are willing. Many parents separate the roles of guardian (day‑to‑day care) and trustee (money management) to create checks and balances. The trustee spends for the child’s needs and keeps records; the guardian makes household and school decisions. The division plays to strengths and keeps relationships healthy.

How to coordinate with a living trust if you decide to add one

A will can stand alone, but many families add a revocable living trust to keep real estate and investment accounts out of probate and to provide incapacity planning. If you adopt that model, your will becomes a pour‑over will: it still appoints your executor and nominates guardians, but it directs that any assets left in your name at death be poured over into the trust. The trust then controls distribution, usually faster and out of the public eye. The trust only works if you fund it—record deeds, retitle non‑retirement brokerage accounts, and align beneficiary forms.

When a kit is enough—and when to hire a lawyer

A kit is appropriate when your assets and beneficiaries are conventional, conflict risk is low, and your goal is clarity and speed, not complex tax planning. Hire counsel if you need special‑needs planning; if you intend to disinherit a close relative and expect a fight; if you own multiple businesses or real estate across several states; or if you want blended‑family provisions that balance support for a surviving spouse with guaranteed inheritances for children from a prior relationship. These areas benefit from bespoke clauses and risk analysis.

Updating a will: codicil or new document

When facts change, your will should change. Small updates—a new executor, a corrected name, a modest legacy—can be handled by a codicil executed with the same formalities as the will. Bigger changes—new marriage or divorce, a different residuary plan, a minors’ trust where none existed—warrant a new will that revokes prior instruments. Every time you update your will, also update beneficiary designations that bypass probate so your plan remains coherent.

Mistakes to avoid that no kit can fix after the fact

Do not use a beneficiary as a witness in a state that penalizes interested witnesses. Do not sign with only one witness where two are required. Do not scratch out and hand‑write changes on the original after signing; a court may treat those marks as meaningless or, worse, as grounds to question the entire will. Do not stash the original where no one can access it without court permission. And do not assume a will covers assets that pass by designation or by trust. The law follows titles and forms, not hunches.

Get the kit and finish today: Legal Will Kit → /product/legal-will-kit/

Prefer a guided online build? Online Last Will & Testament → /product/online-last-will/

Avoid probate on key assets: Online Revocable Living Trust → /product/online-living-trust/

Deborah Larson

Deborah is a journalist with a board spectrum of personal interests, who has a passion for writing on life matters.

Deborah Larson

Journalist

Deborah is a journalist with a board spectrum of personal interests, who has a passion for writing on life matters.


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