More than half of adults in the United States have no will. It is one of the most consistently procrastinated financial tasks — and one of the most important. If you die without a will (intestate), your state's succession laws decide where your money goes, who raises your children, and who untangles your affairs. Courts can take years and cost thousands. A will costs far less than that and takes a weekend at most. Here is how to get it done in 2026.
What changed in 2026
- Online will platforms matured significantly. Several well-reviewed services now handle standard wills, powers of attorney, and healthcare directives in a single session for a flat fee.
- Remote notarization is now widely accepted. Most states recognize remote online notarization (RON), so you can finalize legally binding documents without going to a physical office.
- Estate tax thresholds remain high at the federal level (over $13 million for individuals in recent years — check current law as it may change), meaning most people do not face federal estate tax. State-level estate taxes vary.
- Digital asset clauses matter more. In 2026, cryptocurrency, digital accounts, and online businesses are significant assets that need explicit handling in estate documents.
What a will actually covers
A will is a legal document that names:
| What it addresses |
What it does not address |
| Distribution of probate assets |
Retirement accounts (governed by beneficiary forms) |
| Guardian for minor children |
Life insurance proceeds (beneficiary form) |
| Executor (person managing your estate) |
Joint tenancy property (passes automatically) |
| Specific bequests (items to specific people) |
Assets held in a trust |
| Residuary beneficiary (who gets the rest) |
Payable-on-death (POD) accounts |
This distinction matters. Your retirement accounts (IRA, 401(k)) and life insurance will almost certainly pass outside your will — keep those beneficiary forms updated separately.
Do you need an attorney or will online tools work?
Online tools are appropriate if you have:
- A relatively simple estate (one home or none, standard financial accounts)
- A spouse or partner and children from the same relationship
- No business ownership interest
- No multi-state real property
- No significant trusts or complex distributions
Use an estate attorney if you have:
- A blended family with children from multiple relationships
- Business ownership (partnership interests, LLCs, closely held stock)
- Special-needs dependents who cannot receive assets outright
- Real property in multiple states
- Charitable giving, complex trusts, or an estate above state estate tax thresholds
Attorney fees for a basic will package (will, healthcare directive, power of attorney) typically range from a few hundred to a few thousand dollars depending on location and complexity. One-time cost for potentially decades of protection.
What to include in your will
- Your full legal name and identification details
- Declaration of intent — this is your last will and testament, revoking prior versions
- Named executor — the person responsible for administering your estate; name an alternate
- Beneficiaries — who receives what, in what proportions; include alternates in case a beneficiary predeceases you
- Guardian for minor children — most important clause for parents; name an alternate
- Specific bequests — particular items or amounts to specific people
- Residuary clause — who gets everything not specifically mentioned
- Digital assets clause — instructions for online accounts, passwords (via a referenced password vault), cryptocurrency
- Funeral wishes — optional but often appreciated
Documents that belong alongside your will
- Durable power of attorney — who handles your finances if you become incapacitated
- Healthcare directive / living will — your medical wishes if you cannot communicate them
- Healthcare proxy — who makes medical decisions for you
- Updated beneficiary designations on all retirement accounts, life insurance, and POD accounts
A will without the other three is an incomplete estate plan.
Common mistakes
Not signing correctly. A will must typically be signed in front of two witnesses (who are not beneficiaries) and often a notary, depending on your state. Unsigned or improperly witnessed wills are invalid.
Never updating it. Major life events — marriage, divorce, children, death of a beneficiary, significant asset changes — require will updates. Review it every 3–5 years or after any major change.
Forgetting beneficiary forms. If your IRA beneficiary form names your ex-spouse, the will does not override it. Update forms after every major life change.
Not naming alternates. If your sole executor or beneficiary predeceases you, a will with no alternates creates court complications.
Storing it where no one can find it. Keep the original in a fireproof safe and let your executor know where it is. Filing a copy with the probate court in your county is an option.
What to skip
- Handwritten (holographic) wills unless you have no other option — most states recognize them but they invite disputes and courts scrutinize them heavily.
- Outdated online templates that do not reflect your state's signing requirements.
- Putting it off because you think your estate is "too small" — guardian designation for minor children alone is worth doing immediately.
FAQ
Do I need a trust instead of a will?
A trust can avoid probate and offers more control over asset distribution, but it costs more to set up and maintain. Most people with straightforward estates are fine with a will. Ask an estate attorney if you are unsure.
How much does an online will cost?
Online services typically charge a flat fee in the range of $20–$200 for a basic will. Attorney-drafted wills typically run $300–$2,000+ depending on complexity and location.
Does a will avoid probate?
No. Wills still go through probate — a court process that validates the document and oversees distribution. Assets with beneficiary designations, joint ownership, or held in a trust pass outside probate.
Can I write my own will without an attorney?
In most states, yes, as long as it meets signing formalities. For simple estates, reputable online platforms are a reasonable option. For anything complex, use an attorney.
Where to go next
See How to track your spending in 2026, How to automate your savings in 2026, and How to plan for retirement in 2026.