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Many people put off creating a will because they're worried they'll make a mistake. The good news is that creating a valid will is often less complicated than it seems. While every state has its own requirements, most focus on the same basics: proper signatures, witnesses, and document storage.
Keep in mind that this article is for educational purposes only and is not legal advice. If your situation is complex, consider consulting an attorney.
1. Make Sure Your Will Is Complete
Before signing, review your will carefully to make sure:
It is in writing.
Names of beneficiaries, organizations, and executors are accurate.
Guardians are clearly identified, if applicable.
Gifts and distributions are clearly stated.
There are no blank spaces or handwritten changes after printing.
A will that's incomplete or unclear can create unnecessary challenges for loved ones later.
2. Follow Your State's Witness Requirements
Most states require at least two adult witnesses when signing a will.
As a best practice:
Choose witnesses who are not beneficiaries.
Make sure witnesses are adults of sound mind.
Follow your state's specific signing procedures.
Because witness rules vary by state, be sure to review your state's requirements before signing.
3. Consider Notarization
While notarization is not required for a valid will in most states, it is often strongly recommended.
Many states allow a self-proving affidavit, which is a notarized document attached to your will. This can help simplify the probate process and prevent your witnesses from being contacted or required to appear in court later.
If you're considering online notarization, confirm that it is allowed for your document in your state.
4. Sign with Capacity and Intent
A valid will generally requires that you:
Understand what you're signing.
Sign voluntarily.
Are free from pressure or coercion.
Your witnesses should be able to confirm that you appeared capable of making your own decisions at the time the will was signed.
5. Store Your Will Where It Can Be Found
A will only helps your family if they can locate it when needed.
Make sure:
The original signed document is stored securely.
Your executor knows where it is located.
A trusted person can access it if necessary.
Be cautious about storing a will in a safe deposit box that only you can access, as it may create delays after your death.
6. Review Your Will After Major Life Events
Life changes often require updates to your estate plan. Review your will after events such as:
Marriage or divorce
Birth or adoption of a child
Death of a beneficiary or executor
Purchasing a home
Significant financial changes
Keeping your will current helps ensure it continues to reflect your wishes.
Final Thoughts
Creating a will is an important step, but signing and storing it properly are just as important. By following your state's requirements for witnesses, signatures, and notarization, and regularly reviewing your documents, you can help ensure your wishes are honored and provide greater peace of mind for your loved ones.
Author: Gentreo
