How to Make a Will Without a Lawyer

Crafting Your Legacy: A Step-by-Step Guide to Creating a Will Without a Lawyer

Learn how to create a legal will without a lawyer in California—step by step. Whether you’re drafting your first will or updating an old one, you can handle this essential task on your own. At Laguna Legal, we believe estate planning should be accessible and stress-free. This guide will show you exactly how to write a will legally, affordably, and confidently.

What Is a Will?

A will is a legally binding document that states your wishes regarding how your assets should be distributed after your death. It also names an executor—the person responsible for carrying out those wishes. A will can also designate guardians for minor children and outline special bequests or conditions.

Many people are surprised to learn that making a will without a lawyer is completely legal in California. With a clear understanding of the legal requirements and a bit of planning, you can prepare a valid and enforceable will on your own.

Can I Make a Will Without a Lawyer in California?

Yes! You can absolutely make a will without a lawyer in California, as long as it meets the legal requirements. This means the will must be:

• Written (typed or handwritten)

• Signed by you

• Signed by two adult witnesses who are not beneficiaries

California also recognizes holographic wills, which are handwritten and don’t require witnesses, as long as they are entirely in your handwriting and clearly state your intent.

Creating a will on your own can save time and money, especially when your estate is relatively simple. However, it’s important to be thorough and specific to avoid disputes later.

Step 1: Assess Your Assets and Debts

Start by making a list of everything you own and owe. This includes:

• Real estate

• Vehicles

• Bank accounts

• Stocks and retirement funds

• Jewelry, electronics, or collectibles

• Any outstanding loans or debts

This helps you determine what will be distributed and to whom. Writing a will without a lawyer still requires clarity and precision—listing your assets helps you stay organized and make thoughtful decisions.

Step 2: Choose an Executor

The executor of your will is the person who will make sure your wishes are followed. This should be someone trustworthy, responsible, and ideally familiar with your financial affairs. They do not have to be a legal professional.

Executing a will without a lawyer is perfectly legal as long as the executor follows the proper probate procedures. Choose someone who is willing and able to take on this responsibility.

Step 3: Name Your Beneficiaries

Your beneficiaries are the individuals or organizations who will inherit your assets. You can name:

• Family members

• Friends

• Charities

• Caretakers or guardians

Be specific by using full legal names and clearly stating what each person will receive. This will help avoid confusion or disputes.

Step 4: Assign Guardianship (If Applicable)

If you have minor children, this is one of the most important parts of your will. You can name a guardian who will care for your children if something happens to you. Making a will without an attorney still allows you to designate legal guardianship in California.

Make sure you speak with the person beforehand to confirm they are willing to take on the responsibility.

Step 5: Draft the Will

There are two ways to draft a will without a lawyer:

1. Use a reliable online will-making software or template.

2. Write it by hand (a holographic will).

If you handwrite your will, make sure it’s entirely in your handwriting and clearly states that it is your last will and testament. Include your name, the date, and a detailed list of your intentions.

Step 6: Include Key Clauses

Make sure your will includes the following clauses:

• Residuary Clause – Covers any assets not specifically mentioned.

• Alternate Beneficiaries – In case your primary beneficiaries pass before you.

• Simultaneous Death Clause – Outlines what happens if you and a beneficiary die at the same time.

• Pet Clauses – Assign care and funds for any pets.

Including these will help your DIY will stand up to legal scrutiny.

Step 7: Sign and Date the Will

To make your will valid in California, you must:

• Sign the will

• Have it witnessed by two adults

• Ensure your witnesses are not beneficiaries and are over 18

If you choose to create a holographic will, you do not need witnesses, but the document must be entirely in your handwriting and clearly signed and dated.

Step 8: Store Your Will Safely

Once signed, store your will in a safe place:

• A fireproof home safe

• Safe deposit box (accessible by your executor)

• With your executor or trusted advisor

Let someone you trust know where your will is stored. A well-written will won’t help anyone if it can’t be found.

Step 9: Update Your Will Regularly

As your life evolves, so should your will. Marriage, divorce, the birth of a child, or major financial changes are all reasons to update your will.

How to update a will without a lawyer:

• Write a codicil (an amendment)

• Create a new will and destroy the old one

• Re-sign and re-witness according to California law

Is a Living Trust Better Than a Will?

At Laguna Legal, many clients ask if a living trust is better than a will. While both are valid estate planning tools, a trust offers some distinct advantages:

• Avoids probate – Your assets transfer directly to beneficiaries.

• Maintains privacy – Trusts are not public record.

• Protects you if incapacitated – A successor trustee can manage your affairs.

• Offers control – You can dictate how and when assets are distributed.

• Reduces legal challenges – Trusts are harder to contest.

If you’re looking for greater flexibility, asset protection, and peace of mind, a living trust may be the better choice.

🔹 Frequently Asked Questions

How do I make a will without a lawyer in California?

Write your wishes clearly, name an executor and beneficiaries, and sign the document in front of two non-beneficiary witnesses.

Can a will be done without a lawyer?

Yes. California law allows you to create your own will as long as it’s properly signed and witnessed.

How to write a legal will without an attorney?

Use plain language, specify assets and heirs, and include key clauses. Sign and date the document with witnesses.

Is a holographic will legal in California?

Yes. A handwritten (holographic) will is valid if it’s entirely in your handwriting and signed by you.

Can I update my will without a lawyer?

Yes. Create a codicil or write a new will, ensuring it’s signed and witnessed correctly.

Final Thoughts

Creating a will doesn’t have to involve expensive legal fees. At Laguna Legal, we empower California residents to write a will without a lawyer—safely, legally, and confidently.

If your estate is more complex or you’re looking for additional privacy and control, our team also specializes in affordable living trusts that help you bypass probate and protect your legacy.

Contact Laguna Legal Today

Ready to create your trust or have questions about the process? Contact us at Laguna Legal! Our experts are here to assist you in making a trust that reflects your wishes and protects your loved ones. Don’t wait—reach out to us today and take control of your legacy.