How Much Does It Cost to Make a Will?

You can pay $150 USD for a simple will written by experienced attorneys at a flat rate. This price typically includes standard provisions such as asset distribution and naming an executor. Hourly charges for estate planning attorneys range from $100 to $500 per hour, depending on their experience, location, and the complexity of the will.

Most attorneys offer a free consultation to discuss your estate planning needs, during which they can provide a clear estimate based on your unique situation. The total cost of a will can increase if there are more complex assets or special circumstances, such as setting up trusts for minors or including detailed medical directives.

What is the cost of making a will with a lawyer?

The cost of making a will with a lawyer typically ranges from $300 to $1000. The exact fee depends on factors such as the complexity of the estate, the lawyer’s experience, and the location of the legal practice. Estates with multiple assets, trusts, or specific tax planning needs may result in higher costs within this range.

Is it legal to make your will without a lawyer?

Yes, it is legal to make your will without a lawyer. As long as the will meets the legal requirements of your state, such as being in writing, signed by the testator, and witnessed by the required number of individuals, it can be valid. However, consulting a lawyer is recommended to ensure the will is correctly drafted and to avoid potential issues during probate.

What is the cost of different processes in creating a will?

The cost of creating a will varies depending on factors such as whether it’s done through an online service, which can range from $100 to $300, or with an attorney, costing between $300 to $1000 or more, depending on the complexity of the estate and additional legal services required.

Option 1: Do-it-yourself will kits

DIY will kits typically cost between $20 and $50, making them an affordable option for creating a basic will. These kits usually include forms and instructions for writing your will and naming an executor, along with provisions for basic asset distribution. However, the effectiveness of DIY will kits can be limited, especially if your estate is more complex or if state-specific legal requirements are not clearly addressed. The negative side of using a DIY will kit is the risk of errors, which can lead to complications during probate, making the will potentially invalid or contested.

Option 2: Online will-maker

LegalPen offers affordable will writing services with two distinct pricing models tailored to individual and couple needs.

The Individual Will, priced at $149 USD, includes the following:

• A last will & testament
• A healthcare directive
• A financial power of attorney
• HIPAA authorization
• 90 days of free revisions

For couples, LegalPen provides the Couples Will for $249 USD, which includes:

• Two last wills & testaments
• Two healthcare directives
• Two financial powers of attorney
• Two HIPAA authorizations
• 90 days of free revisions

These options offer a cost-effective and comprehensive solution for those looking for professional will writing services without the need for a lawyer, ensuring legal compliance and peace of mind while covering essential estate planning documents.

Option 3: Write your will by hand

Writing a will by hand, also known as a holographic will, is a cost-free option and legally valid in many states if it meets specific requirements. When writing a will without a lawyer, the document must be entirely in the testator’s handwriting, signed, and often witnessed. However, handwritten wills can lead to ambiguities, making probate more difficult and increasing the chances of the will being contested. In states where they are accepted, handwritten wills are subject to stricter scrutiny to ensure validity.

Option 4: Printable will forms or templates

Printable will forms or templates are affordable, typically costing between $10 and $50. These forms provide a basic structure for drafting a will, allowing individuals to fill in their details without legal assistance. While practical for simple estates, the major downside is that these templates may not address all necessary legal considerations specific to your state or complex estate matters, which could lead to future legal challenges.

Option 5: Hire an estate attorney

Hiring an estate attorney to draft a will costs an average of $1000 USD. The advantage of using an attorney is the professional expertise they bring, ensuring that your will is drafted correctly, addresses state-specific legal requirements, and covers complex estate matters like trusts and tax planning. However, the high cost of hiring an attorney can be a drawback, and access to qualified estate attorneys may be limited in certain areas, making this option less accessible for some individuals.

What is the average cost of a will and trust?

The average cost of a will and trust is $300 USD. This fee can vary depending on the complexity of the estate and the legal assistance required, but for most basic estates, this is the typical amount individuals can expect to pay. More complex trusts, such as those involving multiple assets or beneficiaries, may increase the overall cost.

How much does it cost to make a will in Texas?

A simple or basic will in Texas can cost anywhere from $250 to over $2,500. The pricing varies due to several factors. First, the complexity of the estate plays a significant role; larger estates with multiple assets, beneficiaries, or specific provisions like trusts will cost more. Second, the experience and expertise of the attorney can influence the price, with more experienced estate planning attorneys typically charging higher fees. Third, the location within Texas can affect costs, as urban areas often have higher legal fees compared to rural regions. Additionally, the inclusion of extra services, such as healthcare directives or power of attorney documents, can further increase the total cost.

How much does it cost to make a will in Florida?

A simple or basic will in Florida can cost anywhere from $200 to over $1,000. The price is influenced by several factors. One major factor is the complexity of the estate; wills involving multiple assets, real estate, or specific instructions for beneficiaries will generally cost more. The experience level of the attorney also affects the price, with seasoned attorneys charging higher fees for their expertise.

How much does it cost to make a will in New Jersey?

A simple or basic will in New Jersey can cost anywhere from $250 to over $2,500. Several factors contribute to this price range. The complexity of the estate is one of the most significant factors; more complex estates, involving multiple properties, businesses, or trusts, tend to require more detailed legal work, thus increasing the cost. 

How much does it cost to make a will in Ohio?

A simple or basic will in Ohio can cost anywhere from $350 to over $1,500. The cost is influenced by several factors. First, the complexity of the estate affects pricing, with larger estates or those involving multiple assets, trusts, or special instructions requiring more legal work. Second, the attorney’s experience and expertise can impact the fee, as more experienced estate attorneys typically charge higher rates.

How much does it cost to make a will in California?

A simple or basic will in California can cost anywhere from $300 to over $700. Several factors contribute to this variation in cost. One key factor is the complexity of the estate, as wills that involve multiple assets, real estate, or specific beneficiary provisions generally require more detailed legal work. The attorney’s level of experience and reputation can also influence the price, with highly experienced lawyers typically charging more. Additionally, the geographical location within California can affect the pricing, as legal fees in major urban areas like Los Angeles or San Francisco are generally higher than in smaller towns. Including additional services, such as creating a living trust or power of attorney, will also increase the overall cost.

How much does it cost to make changes to a will?

It costs $100 to $200 to change a will. However, the price may increase depending on several factors. These include the complexity of the changes being made, such as adding new beneficiaries or modifying asset distribution. The attorney’s hourly rate can also affect the total cost, particularly if extensive revisions or additional legal documents, like codicils, are required. Additionally, if the will includes complicated estate planning tools, such as trusts, the cost of updating those provisions can result in a higher fee.

Is It Better to Hire a Lawyer to Write a Will for a Flat Fee or Pay by the Hour?  

Yes, it is generally better to hire a lawyer to write a will for a flat fee. This option provides clarity on the total cost upfront, allowing for better financial planning, especially for individuals with straightforward estate needs. Paying by the hour can result in higher and unpredictable costs, particularly if the will is complex or requires multiple revisions. However, for highly complex estates, paying by the hour may be necessary if ongoing legal advice or additional services are required.

11 factors that affect the cost of creating a will

Complexity of the Will

The complexity of the will significantly impacts its cost. A simple will, which outlines basic asset distribution to a few beneficiaries, is less expensive because it requires minimal legal work. In contrast, a complex will that includes detailed provisions, such as establishing trusts, addressing multiple properties, or stipulating care for dependents, will cost more due to the additional legal expertise and time required.

Type of Will

The type of will you choose affects the cost. A basic last will and testament is typically the least expensive, while more specialized wills, such as a living will or joint will, often incur higher costs due to the additional legal considerations involved. For example, a living will that includes healthcare directives or a joint will for couples is generally more expensive due to the added layers of legal responsibility.

Legal Fees

Legal fees can vary depending on the attorney’s experience and pricing structure. Attorneys with more experience in estate planning generally charge higher fees. Many offer two payment options: flat fee or hourly rate. A flat fee provides an upfront cost, often ranging between $300 and $1000, while an hourly rate can range from $100 to $500 per hour, which could result in unpredictable costs if the will requires extensive work.

Where You Live

The cost of creating a will can vary based on where you live. Legal fees and related services are often more expensive in urban or high-cost areas compared to rural or less expensive regions. For instance, the cost of making a will in New York or California is typically higher than in states with lower living costs. Internationally, the cost of will drafting can vary significantly by country.

Additional Legal Documents

The inclusion of additional legal documents, such as trusts or powers of attorney, will increase the overall cost of creating a will. A trust, for instance, adds complexity to the estate plan as it requires additional legal work to manage assets. Adding a power of attorney document, which grants someone authority over financial or healthcare decisions, can also raise the price.

Online Services vs. In-Person Services

Online will-making services tend to be less expensive than hiring an attorney in person. For example, LegalPen offers an online will-writing service for creating wills, where prices start at $149 for an individual will and $249 for a couple’s will, which includes essential documents like healthcare directives and power of attorney. Online services may be more affordable, but in-person services typically offer more personalized legal advice and tailored estate planning.

Estate Size and Value

The size and value of your estate will affect the cost of creating a will. Large estates with multiple properties, investments, and complex asset distribution plans will typically require more time and legal expertise, driving up the cost. In contrast, a small estate with fewer assets and straightforward distribution instructions will likely be less expensive to plan.

Revisions and Updates

The frequency of updates to your will can impact the overall cost. Major life events, such as marriage, divorce, or the birth of children, often require significant revisions, which may incur additional charges. Some services, like LegalPen, offer three months of free revision services, allowing clients to make necessary updates without extra fees within that period.

Notarization and Witnessing

Notarization and witness fees can add to the cost of creating a will. A will often needs to be notarized to be legally valid, and the fees for notary services can vary. Additionally, finding witnesses to sign the will may involve costs, especially if professional witnesses are required, which can add to the overall expense.

Executor Fees

The cost of appointing an executor can also affect the cost of a will. Executors, who manage the distribution of your estate after death, may charge a fee for their services, especially if you appoint a professional or attorney to act in this role. Executor fees are typically a percentage of the estate’s value, which can increase the cost, particularly in larger estates.

Tax Planning and Implications

If your will involves tax planning strategies to minimize estate taxes or address other tax-related issues, the cost of creating the will can increase. Complex tax strategies, such as setting up trusts or charitable giving plans, require additional legal expertise and time, which drives up the price of estate planning services. For example, high-value estates often require detailed tax planning to reduce the impact of estate taxes, which adds complexity and cost to the will preparation.

How to make a will without a lawyer

You can make a will without a lawyer by following specific steps to ensure that your document meets legal requirements. How to write your own will involves drafting the document carefully to ensure it is legally valid and accurately reflects your wishes. Writing your own will can be done using the following process:

1. Start with a Title: Clearly label your document as your “Last Will and Testament.”
2. Identify Yourself: Include your full name, address, and a statement declaring that you are of sound mind and are writing the will voluntarily.
3. Appoint an Executor: Name an executor who will be responsible for managing your estate and ensuring your wishes are followed.
4. List Your Beneficiaries: Specify who will receive your assets, such as property, money, or personal belongings. Make sure to describe each beneficiary clearly.
5. Detail Asset Distribution: Provide specific instructions for how you want your assets distributed among your beneficiaries. Be as precise as possible to avoid misunderstandings.
6. Address Guardianship: If you have minor children, you can use the will to name a guardian for them in case of your death.
7. Sign and Date the Will: Sign and date your will to make it valid. Depending on your state’s laws, the will may need to be signed in the presence of two adult witnesses who are not beneficiaries.
8. Store Safely: Keep the will in a secure place, such as a safe, and ensure that your executor knows where it is located.

When writing your own will without a lawyer, it’s important to follow the legal requirements of your state to ensure its validity. Many people use DIY will kits or online templates to guide them through the process, but these must be customized to reflect your individual circumstances. If you have a simple estate, this approach may work, but for more complex estates, seeking professional legal advice is recommended.

What Type of Lawyer Is Best for Wills?

An estate planning lawyer is the best type of lawyer for wills. Estate planning lawyers specialize in helping individuals create legal documents that manage the distribution of their assets after death. They are knowledgeable in drafting wills, setting up trusts, and providing advice on tax implications and probate procedures.

An estate planning lawyer ensures that your will complies with state laws and addresses specific needs such as guardianship for minors, healthcare directives, and powers of attorney. Their expertise is especially valuable for those with complex estates or unique circumstances, such as business ownership or significant wealth, where detailed planning is necessary to avoid disputes and minimize taxes.

How much does it cost to make a living will?

The average cost of making a living will is $1,000. A living will is a legal document that outlines your preferences for medical treatment and care in the event you become incapacitated or unable to communicate your wishes. It typically includes instructions regarding life-sustaining treatments, resuscitation, and other end-of-life care options, ensuring that your healthcare preferences are respected.

How much does it cost to make a simple will?

The average cost of a simple will is $150 when prepared by experienced estate attorneys. A simple will is a straightforward legal document that directs how your assets will be distributed upon your death. It typically covers the basic distribution of property, naming an executor, and sometimes appointing a guardian for minor children.

How much does it cost to make a joint will?

The average cost of making a joint will is $500. A joint will is a single legal document that is used by two people, typically a married couple, to outline how their combined assets will be distributed after their deaths. Both parties agree to leave their estate to the same beneficiaries, and the will cannot be changed after one party passes away.

How much does it cost to make a will and power of attorney?

The average cost of making a will and power of attorney is $800. A will dictates how your assets will be distributed after death, while a power of attorney grants someone the authority to make legal and financial decisions on your behalf if you become incapacitated. Combining both documents in your estate planning ensures that your assets are handled according to your wishes both during your life and after your death.

What Happens If I Don’t Have a Will?

If you die without a will, your estate will be distributed according to intestate succession laws. These laws vary by state but generally prioritize immediate family members, such as spouses, children, and parents. Without a will, the court will appoint an administrator to manage your estate, and your assets may not be distributed in accordance with your personal preferences. Additionally, the process can be lengthy and cause disputes among family members.