Are online wills legitimate, or do we need a lawyer?
My husband and I want simple wills and powers of attorney. The online services are much cheaper than a lawyer. Are they actually valid, or are we asking for trouble later?
✓ Accepted answer
Online wills are generally legitimate and legally binding in most US states, provided you meet specific execution requirements, making them a valid alternative to hiring a lawyer for simple estates.
- Cost Efficiency: Services like LegalZoom, Trust & Will, or MyPerfectWill typically charge between $30 and $200 per document, which is significantly less than the $500 to $1,500+ often quoted by local attorneys for a basic will.
- Statutory Compliance: The documents generated are built based on the statutes of your specific state, ensuring that essential elements like signatures and notary acknowledgments are included. In most jurisdictions, these electronic forms satisfy the legal definition of a written instrument.
- Simplicity Requirement: Online platforms are best suited for straightforward situations. They are effective if you are not in a high-risk marriage, do not own business interests, and have a relatively simple asset structure. Complex families or large estates may face probate disputes due to ambiguous language.
- Witnessing Rules: Legitimacy depends heavily on how you execute the document. While you can print the will from home, most states require two disinterested witnesses to sign in your presence. Some states mandate notarization for self-proving affidavits, which can be done at a local bank or public notary office for a small fee.
- Legal Consultation Option: Many online providers include a flat fee for a review by a local attorney in their premium packages. This hybrid approach offers the convenience of software with the professional safety net of a lawyer who can spot specific local nuances you might miss.
Always keep a digital backup and inform your executor where the physical document is stored to ensure it is found when needed.
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