Are AI-Generated Wills Legal? What Consumers Need to Know
As artificial intelligence tools become more accessible, more consumers are experimenting with them for serious tasks — including estate planning. One of the most common questions is whether a will generated by AI software such as ChatGPT or Claude is actually legal.
According to elder law attorney Harry Margolis, the answer is more straightforward than many expect. In most states, a will’s validity depends less on who or what drafted it and more on whether it meets basic execution requirements.
What Makes a Will Legally Valid?
A will generally must be:
Signed by the person making the will
Signed in the presence of two witnesses, who also sign the document
If those formalities are followed, the will is likely to be legally valid, regardless of whether it was drafted by a lawyer, an online service, or an AI tool.
That said, valid does not mean risk-free.
The Risk of Relying Solely on AI
Margolis cautions that while an AI-generated will is “probably” valid, consumers give up a critical element: certainty.
Traditional law firms and established online services rely on tested, standardized forms refined through years of real-world use. AI tools, by contrast, generate language probabilistically, drawing from patterns in existing material rather than proven legal templates.
That difference can matter when a document is challenged.
Why Notarization Still Matters
One best practice Margolis strongly emphasizes is notarization.
While notarization is not required in most states, it can significantly reduce complications later. Without it, witnesses may need to testify or submit affidavits confirming the will was properly executed. A notarized will typically avoids that step, streamlining the probate process.
Why Attorney Review Can Backfire
Some consumers consider drafting a will with AI and then asking an attorney to review it. That approach can increase costs, not reduce them.
Reviewing an unfamiliar document line by line often takes more time than drafting a will from scratch using an attorney’s established forms. In many cases, the review ends up being more expensive than starting with a professional document.
The Same Risks Apply to Other Estate Documents
These trade-offs extend beyond wills. Health care proxies, advance directives, and powers of attorney generated by AI are likely usable — but they lack the reliability of vetted templates.
One possible compromise is to generate a draft using AI and compare it against a document from a lawyer or reputable online service to spot differences in structure or language.
Reputable Online Services vs. DIY AI
For do-it-yourselfers, Margolis notes that reputable online estate planning platforms generally produce solid documents. These companies invest in legal expertise and continuously refine their forms.
The greater risk is not document quality — it’s failure to complete the process.
Many people:
Start an estate plan and never finish
Avoid difficult decisions
Fail to gather witnesses
Never sign or notarize documents
An unfinished will has no legal effect.
Where Attorneys Still Add Value
Attorneys do more than draft documents. They:
Help clients make complex decisions
Answer questions in real time
Ensure documents are properly executed and finalized
AI can help people engage with estate planning, but it cannot replace professional judgment, procedural guidance, or accountability.
Ultimately, the question isn’t whether AI can generate a will — it’s whether relying on it alone provides enough confidence that your wishes will be honored when it matters most.
Key Takeaways
A will’s validity depends on execution requirements, not who drafted it
Notarization isn’t required, but it reduces legal friction
Attorney review of AI-generated documents may cost more than expected
Reputable online services generally produce reliable estate planning forms
The biggest risk in DIY estate planning is failing to finish the process