Simple Will: Definition, Origin, How to Write and Cost

Simple wills can be used by individuals who want to manage their property correctly and do not have complex estates. This document will define a simple will and its origin, explain how to write one and discuss the costs of creating one. 

What is a Simple Will?

A simple will is a straightforward legal document that covers an individual’s wishes on distributing their property and the appointment of guardians for their minor children, if any, after their demise. It differs from a complex will because it is not complicated. Individuals looking to create a simple will can utilize a simple will template to guide them.

What is the Origin of a Simple Will?

Simple wills have been used by the human race since Roman times when Roman law used them to bequeath property of the deceased to the beneficiaries of their choice. Simple wills were preferred because they were not complicated, allowing individuals to create them easily. They gained popularity in the 19th and 20th Centuries after people became more enlightened about them.

How to Write a Simple Will

You can use a simple will template to start writing your simple will. Individuals who would like to know how to write a simple will without a lawyer should follow the steps below:

1. Personal Information. Provide your personal information to clarify that you are writing the simple will.
2. List your assets. Outline all your assets and locations to ensure they can be easily found after you leave.
3. List the beneficiaries. Include their names to make sure it is clear who you are talking to, and you can even include their relationship with you for more clarity.
4. Appoint an executor. Choose and name an executor who executes your wishes after your demise.
5. Appoint a guardian. In cases with minors, you need to appoint a guardian who will care for your children in your absence.
6. Signature. Ensure you sign the simple will in front of at least two witnesses who sign it to prove its legitimacy.

What is the Cost of a Simple Will?

The cost of a simple will can fall between $20 to $1000, depending on the method you use to create one. Below is an outline of different methods of creating a simple will and the prices of each:

1. Do-It-Yourself (DIY) Simple Wills

The average cost of a simpe will using this method is $100 depending on the complexity of the simple will. You can use DIY simple will templates, which can be found in online stores. Although this method is affordable, it may be limiting as it does not allow much customization.

2. Hiring a Lawyer

This method can range between $300 and $1000, depending on how complex your estate is and the lawyer you get. For instance, some lawyers charge hourly. However, it is an effective method as it allows your simple will to be customized to your needs and ensures that it meets the legal requirements.

3. Online Will Writing services

This is the most affordable method, and it costs between $200 and $500. This method enables you to get professionally written wills that meet all the simple will requirements and that are tailored to suit your needs. A simple will cost, when using LegalPen, is $149 for individual wills and $249 for couple wills. At LegalPen, you get 90 days free revision on your will which enables you to fully customize your will to your liking.

Why is Simple Will Important?

A simple will helps you manage your estate per your wishes and leave your children, if any, with the people you are more comfortable with. Below are some of the reasons why a simple will is essential:

1. Allows your wishes to be followed. A simple will lets you outline how you would like everything handled after your demise. Without this, intestate succession rules come in when distributing your property, which might differ from what you would have preferred.
2. Allows you to provide for your dependents. A simple will lets you outline how your minors should be cared for after you are gone by appointing a guardian of your choice. It even allows you to leave the funds that could be used by the guardian when raising them. This makes it easier for both the dependents and the guardian.
3. Helps prevent family disputes. A simple will helps avoid future family disputes that could arise due to the distribution of your estate to the beneficiaries. Having written your simple will and testament makes them respect your wishes and be okay with what they inherit.

What is Included in a Simple Will?

For a simple will to properly distribute your estate to your beneficiaries, it should include the information below:

1. Personal information 

2. Appointment of the executor

3. Appointment of the beneficiaries.

4. Assets owned

5. Guardian to your minors

6. Witnesses and Signatures

How to Make Sure Your Simple Will is Valid?

For a simple will to be valid, you must ensure it meets the requirements below:

1. Meet age and capacity requirements. You must be 18 years old and of sound mind for your will to be legally valid
2. Should be written. You must ensure it is written down to be legally valid.
3. Should be witnessed. Ensure that your will has been signed by at least two witnesses, preferably non-beneficiaries, to avoid conflict of interest.
4. Signature. You must sign your will for it to be valid.

Individuals who opt for handwritten simple wills or use Do-It-Yourself wills must ensure they meet these requirements. In cases where your will does not meet the criteria, it could be termed invalid and thus not be executed. For you to avoid such happenings, consider using LegalPen to create your simple wills.

When Do You Use a Simple Will?

You can use a simple will to efficiently distribute your property if you do not have a complex estate or family situation. You can use a simple will form to help you write up your simple will if you choose to do it yourself.

When Shouldn’t You Use a Simple Will?

There are some instances where a simple will should not be used to distribute your property correctly. Below are some of those instances:

1. When you have foreign property or property that is out of state.
2. When you are creating trust for your minors or family members.
3. When you have a complex estate that needs advanced tax planning.

What Assets Should Not Be Listed in a Simple Will?

Certain assets should not be included in a simple will because they are automatically transferred to the designated beneficiaries. These include:

1. Life Insurance Policies
2. Jointly Owned Property. This goes to the surviving co-owner
3. Retirement Accounts
4. Transfer-on-Death (TOD) Accounts
5. Trust Assets, which go as per the trust document.

Is Simple Will Right for a Single Person?

Yes, a simple will is suitable for a single person. Individuals can draft a simple will for single people as long as they ensure it meets the simple will requirements. Individuals in Texas can create a simple will in Texas that meets all the legal requirements of the state.

Is Simple Will Right for Married People?

Yes, a simple will is right for married people if they do not have complicated estates. Married people could use a simple will form for a married person to draft their simple will and testament.

Do You Leave Everything to Your Spouse in a Simple Will?

No, your simple will does not leave everything to your spouse. In the event that your wish was to leave everything to your spouse, you can write a simple will leaving everything to a spouse. You might then have the question, to whom does a Simple Will leave your possessions? The answer to this is a simple will leaves your property to the beneficiaries you have provided.

Can I Write My Own Simple Will and Have It Notarized?

Yes, you can write your own will and have it notarized. Notarizing your will is not required, but doing it makes the will even more legitimate. For individuals wondering if a simple will is good enough, it is indeed good enough, provided you do not have a complex estate.

What Can a Simple Will Do?

A simple will helps you distribute your assets to beneficiaries, appoint a guardian for your minors, and appoint an executor to execute your will after your demise. You can create a simple will online using templates or online will-writing services like LegalPen.

What Can’t a Simple Will Do?

A simple will cannot oversee complex bequests, make trusts, minimize domain charges, or manage how jointly claimed property or resources with assigned recipients are distributed.

What is the Simplest Way to Make a Simple Will?

The simplest way to make a Simple Will is through online will-writing services such as LegalPen. When using LegalPen Company to write your will, you are assured that your will follows the simple will format. In cases where you are unsure what is included in simple wills, you could check out some simple will samples that will give you an idea of what is needed.

Do Simple Wills Avoid Probate?

No, simple wills do not avoid probate. A probate meaning is a legal process where the probate court reviews the will, allows the executor to execute the will and supervises the execution of the will.

How Many Pages is a Simple Will?

A simple will is usually 2-3 pages. Ensure that you are familiar with how to make a simple will before creating one.

How to Write a Simple Will in California?

When looking to make a will in California, you must be 18 years old  and of sound mind. State beneficiaries and appoint an executor. You and two witnesses must sign the will.

How to Write Simple Will in Florida?

When looking to make a will in Florida, you must be 18 years old and mentally competent. State your wishes and name an executor. Sign the will with two witnesses, who must sign in each other’s presence.

How to Write Simple Will in Texas?

When looking to make a will in Texas, you must be 18 years old and of sound mind. Name beneficiaries and appoint an executor. You and two witnesses must sign the will.

Pros and Cons of a Simple Will?

What is the Difference Between a Simple Will vs. a Regular Will?

The difference between a simple and regular will is the complexity of the documents. A simple will is straightforward and deals with simple estates, while regular wills deal with complex estates, which could include having several beneficiaries and creating trusts.

What is the Difference Between a Simple Will vs. a Complex Will?

A Simple Will is for simple estates with simple asset distribution and no complex tax or trust considerations. A Complex Will is for more extensive and complex estates that require a lot of planning for trusts, tax strategies, and several beneficiaries.