How to Write a Will at 25 (and What It Can't Control)
An afternoon and $200 or less covers most people at 25. The beneficiary forms on your accounts matter just as much.
Most people with simple finances can write their own will in an afternoon, for somewhere between $0 and $200. A basic will says who gets your property, who settles your affairs, and who raises your kids or pets if you’re gone. The part most people miss at 25: your biggest accounts probably skip the will entirely, so the beneficiary forms matter just as much.
Quick version
- If you own anything or anyone depends on you, write one. Without it, state law picks your heirs.
- Steps: list what you own, pick heirs and backups, name an executor, name a guardian, sign in front of two witnesses, store it where your executor can find it.
- Your 401(k), life insurance and payable-on-death accounts follow their beneficiary forms, not your will.
- Simple life: DIY online. Kids, a business, a blended family or a big estate: pay an attorney.
Do you even need a will at 25?
Probably yes, if any of these are true: you have money in a bank account, a car, a pet, a partner you aren’t married to, or a kid. If you die without a will, your state’s intestacy laws decide who inherits. The American Bar Association says those default rules usually send property to a spouse and children, and if there are none, to other relatives.
That default works fine for some people. It fails badly if you’d want your money to go to a long-term partner, a best friend, a godchild or a charity, because the state plan doesn’t include them. It also leaves a judge to choose who raises your children.
One exception: if you’re single, have no kids, and nearly everything you own sits in a 401(k) with a named beneficiary, the will is a lower priority this month. Fix the beneficiary forms first (more on that below), then write the will within the year.
How to write a will, step by step
- Make a one-page inventory. List bank accounts, retirement accounts, any life insurance, your car, valuables, crypto, and pets. Next to each, note whether it already has a named beneficiary. Those items pass outside the will.
- Pick your beneficiaries, plus a backup for each. Name people clearly (full names, relationship). A backup covers you if your first choice dies before you.
- Choose an executor and an alternate. This person files paperwork, pays final bills and distributes property through probate. Pick someone organized who’s likely to outlive you, and ask them first.
- Name a guardian if you have minor children. Nolo recommends naming a personal guardian to raise them and a property guardian to manage what they inherit; one person can fill both roles. You can also name a caretaker for a pet and leave that person money for its care.
- Draft it with a reliable tool. Use an online service, software, or a will book with plain-English instructions. Keep it typed. Leave out conditions on gifts, funeral instructions, health care wishes (those belong in a health care directive), and gifts left directly to a pet.
- Sign it the right way for your state. Use the standard method, which works in every state: you’re 18 or older and of sound mind, and you sign in front of two adult witnesses, ideally people who inherit nothing under the will. Some states accept other forms, like an unwitnessed handwritten will, but don’t count on that. Your witnesses don’t need to read it. Most states also let you add a notarized self-proving affidavit, which is optional and speeds up probate. Look up your state’s page on Nolo or your state bar’s site before signing.
- Store the original and tell your executor where it is. A fireproof box at home works. Wherever you keep it, your executor has to be able to reach it without you.
What a will does not control
A lot of money passes by contract or by title, and the will never touches it.
- Retirement accounts and life insurance: the ABA explains that an IRA or insurance policy payable to a named beneficiary goes to that person regardless of your will. Most 401(k) plans and group life insurance through work behave the same way.
- Payable-on-death (POD) bank accounts and transfer-on-death (TOD) brokerage accounts: FINRA warns that a TOD designation supersedes a will. In its example, your will splits a brokerage account between two children, the TOD form names only one, and that child gets it all with no duty to share.
- Property you own jointly with right of survivorship goes straight to the surviving owner.
So the forms are often the main event, and the will is the backstop for everything without one. If you named a parent on your 401(k) at your first job and you’re now married, the parent still gets the money until you change the form.
DIY, attorney, or not yet: pick your lane
| Your situation | Best lane | What it costs | Why |
|---|---|---|---|
| Single, no kids, savings mostly in a 401(k) | Not yet: fix beneficiary forms today, will within a year | $0 | Most of your money already passes by form |
| Some savings or a car, a pet, or an unmarried partner | DIY online or software | $0 (FreeWill) to $199 (Trust & Will Will Plan) | Default rules skip partners and friends |
| Kids under 18, simple finances | DIY, with an optional attorney review | $199 to a few hundred dollars | Naming a guardian is the big job, and the legal side is simple |
| A home you want to keep out of probate | Online trust plan or attorney | $499 (Trust & Will Trust Plan) and up | A living trust avoids probate; a will alone doesn’t |
| A business, blended family, a dependent who needs lifelong care, a likely will contest, or an estate big enough for estate tax | Estate planning attorney | Flat fees from about $300 for a simple will to $3,000+ for a full plan; hourly rates of $250 to $500 | These are the cases Nolo says need a lawyer |
What the pros say
- Mary Randolph, a Nolo author on wills and probate, writes that most people don’t need a lawyer to make a basic will. She lists when one is worth it: a large estate that may owe estate tax, owning a small business, arranging long-term care for a beneficiary, fear that someone will contest the will, or wanting to disinherit a spouse.
- Betsy Simmons Hannibal, an attorney and Nolo author, spells out the baseline Nolo lists for a valid will (age 18, sound mind, a signed document, two witnesses who won’t inherit). She explains that a self-proving affidavit is optional and saves your executor from tracking down witnesses during probate, though DC and Ohio don’t offer one.
- Jeff Burtka, an attorney and Nolo author, puts attorney costs anywhere from a few hundred to several thousand dollars, depending on where you live and how complicated your situation is. He tells you to ask up front whether the lawyer bills a flat fee or by the hour, and to get the fee in writing.
- Toby Mathis, an attorney who teaches tax and asset protection, walks through a Supreme Court case where a federal employee divorced, remarried and never updated his life insurance form, so the ex-wife kept the payout. His point: the beneficiary form usually wins over the will, the trust and what the family says you wanted.
Gear that helps
We may earn a commission if you buy through these links. It never decides what we recommend. How we pick.
Trust & Will (Will Plan)
Guided online will with a living will included; the Will Plan starts at $199 and the Trust Plan at $499 on its pricing page. A good fit for a simple estate where you want hand-holding, but it does not replace an attorney for a complicated one.
See it at Trust & Will (Trust & Will (Will Plan), opens in a new tab)FreeWill
A free online will funded by nonprofit partners; it says a will takes about 20 minutes. Expect prompts to leave a gift to charity, which you can skip.
Open FreeWill (FreeWill, opens in a new tab)Quicken WillMaker & Trust by Nolo
Desktop and online software from Nolo, the self-help legal publisher whose attorney-written guides we cite above. Its interview builds a will with an optional self-proving affidavit for your state. We could not confirm the current price on the store page, so check before you buy.
See it at Nolo (Quicken WillMaker & Trust by Nolo, opens in a new tab)
We researched these three options and compared their published prices and features; we did not buy and test every one.
Do this this week
Who we drew on
- Mary RandolphJ.D., UC Berkeley School of Law; Nolo author on wills and probate · website
- Betsy Simmons HannibalAttorney and Nolo author · website
- Jeff BurtkaAttorney (George Mason University Law School), Nolo author · website
- Toby MathisAttorney (Esq.), tax and asset-protection educator · YouTube
Questions people ask
- Is a handwritten will legal?
- In some states, yes. Nolo notes that handwritten wills are allowed in some states, but a typed will signed in front of two witnesses is less likely to cause trouble after you die.
- Does a will have to be notarized?
- Usually not. A will needs your signature and two witnesses. A notarized self-proving affidavit is optional in most states and mainly makes probate faster.
- What happens if I die without a will?
- Your state's intestacy laws decide who inherits, typically a spouse and children first, then other relatives. Friends, unmarried partners and charities get nothing by default.
- Does my will cover my 401(k) and life insurance?
- No. The American Bar Association explains that an IRA or insurance policy payable to a named beneficiary goes to that person regardless of your will. Update those forms separately.
- How often should I update my will?
- After big life changes: marriage, divorce, a new child, a major purchase, or the death of a beneficiary or your executor. Nolo suggests writing a new will rather than patching the old one.
Sources
- Introduction to Wills, American Bar Association
- How to Write a Will, Nolo
- Self-Proving Affidavits, Nolo
- Plan Now to Smooth the Transfer of Your Brokerage Account Assets on Death, FINRA (2023-01)
- How Much It Costs to Make a Will and Estate Planning Documents?, Nolo (2026-07)
This guide is general information, not professional advice for your situation. Spot something out of date or wrong? Tell Eric Iverson and it gets fixed.