Will.com is not a law firm and does not give legal advice. Its documents and information are not a substitute for the advice of an attorney. Consult a licensed attorney in your state for guidance specific to your situation.
No U.S. state requires an attorney to prepare or execute a will for it to be valid. In most states, a will is valid when it meets three requirements: you sign it, two witnesses sign it, and you were of sound mind when you made it. (A couple of states differ: Pennsylvania requires no witnesses at signing, and Louisiana requires a notary as well.) Where the will came from (a lawyer's office, an online service, or a legal pad) doesn't affect its validity.
What a lawyer actually does
An estate planning attorney does several things. They ask questions to understand your situation and identify issues you might not have thought of. They draft documents precisely (wills, trusts, powers of attorney, advance directives) tailored to your circumstances and state law. They advise on strategies to minimize taxes, avoid probate, or protect assets. And they can represent your estate in disputes.
What Will.com does
Will.com is software, not a law firm. It asks questions, then fills in its document templates with your answers and your state's signing rules. It does not review your situation, give legal advice, or represent you.
When people often make a will without an attorney
Many people make a will without an attorney when:
• Your estate is relatively straightforward (a house, retirement accounts, savings, personal property) • You have a clear sense of who you want to inherit your assets • Your family situation is uncomplicated (one marriage, children who are all yours biologically or by adoption) • You don't have major business interests • Your estate is unlikely to owe estate taxes (under ~$15 million federally, though some states have lower thresholds)
When people commonly hire an attorney
People commonly hire an estate planning attorney in situations like these:
Blended families. If you have children from a prior relationship and a current spouse, the potential for conflict is real. How assets flow between your spouse and your children, and who gets what if your spouse remarries, requires careful planning.
Large or complex estates. If your estate may owe federal or state estate taxes, an attorney can help with strategies to reduce that exposure.
Business interests. Ownership stakes in businesses require careful planning to avoid forcing a sale or creating conflicts among survivors.
Special needs dependents. If you're planning for a child or family member with a disability, a special needs trust may be necessary to preserve their eligibility for government benefits.
Expected disputes. If you have reason to believe someone will challenge your will, an attorney can supervise the signing and record evidence of your capacity at the time.
Multiple states. If you own real estate in more than one state, probate must be opened in each state. A trust is one way people handle this.
Revisiting a will later
Many people start with a simple will and revisit it with an attorney as their situation changes: after buying a home, after having children, after a business grows. A will isn't permanent. It can be updated, replaced, or supplemented as your life changes.
Many estate planning attorneys offer a free or low-cost initial consultation.