Whether you have an estate planning attorney prepare your will, use an online service, or draw up a homemade will yourself, the requirements of a valid will apply. Some states consider this type of affidavit as convincing proof of a will's validity. To execute this affidavit, you and your witnesses must appear in front of a notary public to sign this sworn statement. During probate, the court-supervised process of distributing the property of a deceased person, a "self-proving affidavit" could help prove your will is valid. Holographic Wills do not need to be witnessed to be valid. Notary publicĪ will does not need to be notarized to be valid, but the topic is included here because taking this extra step of involving a notary public could be helpful later on. To be valid, an attested Will must be in writing, signed by testator, or another person at his direction and in his presence, and attested in his presence by at least two credible witnesses over the age of 14. In many instances, the executor of a will is also a named beneficiary, which would make them an interested party and ineligible to be one of the witnesses.
In fact, some jurisdictions specifically require the signatures of disinterested witnesses. The person named as executor in the will does not have to sign the will for it to be valid. Getting a last will witnessed, therefore, usually entails a meeting with a small group of people, including the testator and witnesses. In addition to the testator's signature, most states also require the signatures of two witnesses who are at least 18 years old and who witness the testator signing the will some states require three witnesses. Deathbed signatures by a testator can be just as valid as any other signatures provided the person signing the will has the capacity to do so, as described above. To be valid, a will must be signed by the testator.
DOES A WILL NEED TO BE NOTARIZED TO BE LEGAL FREE
Such arguments could include that the testator was under duress, threats, fraud, or coercion and didn't draw up the document under their own free will. Some states also require that the testator have an understanding of the disposition of the assets in the document.Ĭhallenges to a last will often involve allegations of a testator's lack of capacity to execute the document. A will does not need to be notarized to be valid, but the topic is included here because taking this extra step of involving a notary public could be. Generally, this means that the testator must be an adult, 18 or older, and be conscious and aware of what they are doing. Here are three key points that make a will legal.įor a will to be valid, the testator must be of sound mind.
State law varies slightly regarding will requirements, but for the most part, the basic requirements for a will to be valid are fairly consistent across jurisdictions. Although a last will and testament doesn't take effect until the death of the testator, or person writing the will, ensuring that the will is valid well before that person's death is crucial.
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