Writing a will online seems easy. You fill out a form, pay a fee, and get a document that claims to protect your wishes. But when it comes to probate—the legal process that decides if a will is valid—many online wills don’t hold up. This matters because a failed will can leave your family in chaos, cost thousands in legal fees, and even send your assets to people you never intended. Probate courts see these problems all the time. If you’re thinking about using an online will, or you already have one, you need to know where things can go wrong. Here are six real ways online wills have failed in probate, and what you can do to avoid the same mistakes.
1. Missing Witness Signatures
Probate courts require strict rules for a will to be valid. One of the most common reasons online wills fail is missing or improper witness signatures. Many online will platforms let you print and sign your will at home, but they don’t always make it clear that you need witnesses—usually two, sometimes three—who are not named in the will. If you skip this step, the court can reject your will. In one case, a woman’s online will was thrown out because her only witness was her son, who was also a beneficiary. The court ruled the will invalid, and her estate was divided by state law, not her wishes. Always check your state’s requirements and make sure your witnesses are truly independent.
2. Outdated or Incomplete Documents
Online will templates are often generic. They may not update with changes in the law or your life. One man created an online will in 2015, naming his wife as the sole heir. He divorced in 2018 but never updated his will. When he died, the court found the will outdated and incomplete. His ex-wife was still listed, but state law blocked her from inheriting. The rest of his estate went to distant relatives he barely knew. Online wills don’t remind you to update after major life events. If you use one, set a reminder to review your will every year and after any big change—marriage, divorce, new child, or major purchase.
3. Not Addressing All Assets
Some online wills only cover what you list. If you forget to mention certain assets, those items may not go to the people you want. In one case, a man used an online will to leave his house to his daughter, but didn’t mention his bank accounts or car. The court ruled those assets “intestate,” meaning they were distributed by default state rules, not his wishes. This left his daughter fighting with other relatives in court. When making a will, list every asset you own, even if it seems minor. If you’re not sure, ask a lawyer or use a more detailed estate planning tool.
4. Conflicting Documents
Online wills can clash with other legal documents. For example, if you have a retirement account or life insurance policy with a named beneficiary, that person gets the money—no matter what your will says. In one probate case, a man’s online will left everything to his new wife, but his old life insurance policy still named his ex-wife. The court had to follow the policy, not the will. This caused anger and confusion for everyone involved. Always review your beneficiary designations on all accounts to ensure they align with your will. If you change your will, update your other relevant documents as well.
5. Lack of Notarization When Required
Some states require wills to be notarized, especially if you want to make the probate process easier with a “self-proving affidavit.” One woman used an online will service that didn’t mention notarization. When she died, her family had to track down witnesses from years ago to prove the will was real. One witness had moved out of state, and the other had passed away. The court delayed probate for months, costing the family time and money. If your state allows or requires notarization, don’t skip it. It can save your family a lot of trouble later.
6. Unclear or Ambiguous Language
Online will templates use standard language, but they can’t predict every situation. If your instructions are vague, the court may not know what you meant. In one case, a man wrote, “I leave my savings to my children,” but didn’t name them or specify how to divide the money. He had children from two marriages, and both sets claimed the money. The court had to decide, and the process took over a year. Be specific in your will. List full names, relationships, and exactly what each person should get. If you have a blended family or complex wishes, talk to a professional.
Why Online Wills Fail—and What You Can Do
Online wills are popular because they’re cheap and fast. But probate courts see the same problems over and over: missing signatures, outdated documents, forgotten assets, conflicts with other paperwork, lack of notarization, and unclear instructions. These mistakes can cost your family time, money, and peace of mind. If you use an online will, double-check every detail. Know your state’s laws. Update your will often. And when in doubt, get legal advice. A little extra effort now can save your loved ones a lot of pain later.
Have you or someone you know had trouble with an online will in probate? Share your story or thoughts in the comments.
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