Creating a last will and testament is crucial for ensuring your assets are distributed according to your wishes after you pass away.
While it’s often recommended to hire an estate attorney to ensure your will complies with state laws, it’s also possible to draft your own will if your estate is straightforward and your plans are simple.
This can be a more cost-effective approach, but it comes with certain risks and requirements.
If you have a modest estate and wish to distribute your assets straightforwardly, drafting and notarizing your own will can be done.
However, there are some key considerations and requirements to keep in mind to properly execute a legally binding will on your own.
Should I Write My Own Will or Hire an Attorney?
While you can draft your own legally valid will, hiring an estate planning attorney is typically the wisest approach.
An attorney can help ensure your will is comprehensive and fulfills your specific needs and desires.
There are several reasons to consider consulting an attorney for preparing your will:
- Expertise: Attorneys can craft a will that avoids ambiguities and covers all assets, potentially avoiding disputes later.
- Legal Compliance: They ensure you will comply with the latest state laws and probate requirements.
- Complex Planning: An attorney can integrate more complex elements like trusts to achieve specific estate planning goals.
While DIY wills are inexpensive and convenient, for most individuals an attorney-drafted will provides essential benefits and peace of mind.
For such an important life event, the guidance of a legal professional is worth the investment.
If cost is a concern, shop around to find an attorney with reasonable rates. Your will deserves the expertise that only an attorney can provide.
What You Need to Know to Write Your Own Legally Binding Will
To ensure your DIY will is legally binding, consider the following essential requirements:
- While more budget-friendly and sufficient for simple estates, DIY wills may lack the legal robustness provided by a professional. Errors or omissions could lead to future disputes or unintended consequences.
Key Considerations for a Legally Binding DIY Will
- Mental Competence: You must be fully aware and understanding of the nature of the document and its impact.
- Witnesses: Most states require the presence of at least two disinterested witnesses who must sign the will, verifying that you were of sound mind and acted without duress.
- Notarization: Notarizing a will can lend additional legitimacy, though it’s not always a legal necessity. A notary public will confirm your identity and the authenticity of your signature.
- You must be of sound mind and memory. This means you must be mentally competent in understanding what you are signing and how it will impact your estate.
- You must sign and date the will in the presence of at least two witnesses. These witnesses should be unbiased third parties who are not beneficiaries named in the will. The witnesses must also sign the will to attest that you signed it freely and were of sound mind when you did so.
By following these essential steps, you can feel confident creating your own legally binding will to provide clear direction for the distribution of your estate.
However, as we are not legal advisors we recommend consulting with legal counsel regarding estate planning.
Having Your Will Notarized: Why It’s Important and How to Do It
Why Notarization Is Important
A notary public, or notary, is a state-appointed official who can administer oaths and take acknowledgments.
By notarizing your will, the notary verifies your identity and witnesses your signature to confirm you signed the document willingly.
This helps prevent fraud and ensures your will accurately reflects your final wishes.
It makes it more difficult for anybody to dispute your will in the future.
How to Get Your Will Notarized
Once you have completed and signed your will, the notarization process is straightforward. Here are the basic steps:
- Find a notary public through your bank, local courthouse, or an online service.
- Provide a government-issued ID to verify your identity.
- Sign your will in the presence of the notary and any required witnesses.
By following these steps and having your self-made will notarized, you can achieve peace of mind knowing you have taken appropriate measures to ensure your final wishes are honored.
Notarization provides legal credibility to your DIY will and helps prevent potential disputes or challenges in the future.
HOW TO NOTARIZE A WILL FASTEST
How to have a Will Notarized Online Instantly
Please keep in mind requirements may vary from state to state, but in general, to have your will notarized online, there are a few simple steps to follow, in fact, we can break it down into 3.
- Enter your email on the front page of BlueNotary
- Follow the Directions in your Email and upload your Document + ID
- Meet the Commissioned Notary and complete your signing
The entire process start to finish can take less than 10 minutes for a Notary Acknowledgement.
BlueNotary even makes it easy for foreigners with their biometric identity proofing.
Using a service like BlueNotary will save you time and money since you don’t need to find and schedule with an in-person notary.
Plus, the BlueNotary platform is secure and simple.
Ready to get that Document Notarized? Go to BlueNotary to get started now.
Official paperwork indicating it has been legally notarized.
Retain the Original Signed and Notarized Will
Keep the original copy of your signed and notarized will in a safe place. Online Platforms will often keep this for you for 10 years as well.
They are at least required by law to keep the video recordings.
Provide copies to your executor or any beneficiaries.
If done properly, your will is now legally binding and can be used in the probate of your estate.
Following your state guidelines carefully will ensure your will is properly notarized according to the legal requirements of your state so that your final wishes are honored.
Be sure to revisit and update your will periodically as needed to reflect any changes in your assets, beneficiaries, or other circumstances.
Signing a Will Conclusions
Creating and notarizing your own will is an option but consider the complexity of your estate and personal circumstances.
Consulting with an estate planning attorney might offer greater security and compliance with legal standards.
Remember, your will is a powerful tool for directing your legacy; professional guidance can ensure it accurately reflects your intentions and stands up in court.
Specific Requirements or Differences in State Laws
The legal requirements for drafting and notarizing wills can vary significantly from state to state.
It’s crucial to understand these variations to ensure that your will is valid in your specific jurisdiction.
Common differences include:
- Number of Witnesses: While most states require two witnesses, some may have different requirements or exceptions for certain situations.
- Mental Capacity Standards: States may define differently what constitutes mental competence to draft a will.
- Notarization Requirements: Some states require notarization for the will to be considered self-proving, whereas others do not.
It’s advisable to consult state government websites or seek legal advice to understand the specific laws in your state.
This ensures your will meets all necessary legal requirements and reduces the risk of it being contested.
Handling Digital Assets
In the digital age, it’s essential to consider how digital assets are included in estate planning. This involves:
- Specification: Identify which digital assets you own and who should inherit them. This can include digital accounts, social media profiles, and online businesses.
- Access: Provide the executor of your will with the necessary information to access these digital assets, such as usernames, passwords, and answers to security questions. This information should be kept secure but accessible to those who will need it after your passing.
Handling digital assets correctly ensures they are transferred smoothly without legal complications or loss of access.
Valid Alternatives to Notarization
If accessing notary services is challenging, consider these alternatives:
- Holographic Wills: Some states recognize holographic wills, which are handwritten and signed by the testator without the need for witnesses or notarization. These are typically valid if they meet specific criteria set by the state.
- Online Notarization: Many states now accept online notarization, which allows you to notarize documents via a video connection. This can be particularly useful for those who cannot easily travel to a notary or live in remote areas.
Exploring these options can provide valid ways to ensure your will is legally recognized, even under less conventional circumstances.
Review and Update Your Will Regularly
Laws change and personal circumstances evolve, so it’s important to review and potentially update your will periodically:
- Life Changes: Major life events such as marriage, divorce, the birth of a child, or the death of a beneficiary should prompt a review of your will.
- Asset Changes: Significant changes in your assets, such as buying property or receiving an inheritance, might affect how you wish to distribute your estate.
- Legal Changes: Updates in estate law can affect the validity of your will, so staying informed and adjusting your will accordingly is essential.
Regularly updating your will ensures that it always reflects your current wishes and complies with the latest laws, thereby safeguarding your legacy and providing peace of mind.
General Questions About Write My Own Will
What are the specific requirements or differences in will-making and notarization laws across different states?
In the United States, each state has its own set of rules governing the creation, execution, and validation of wills.
These laws may differ in terms of the number of witnesses required, the mental capacity of the testator, and whether notarization is necessary for validity.
State government websites and legal aid organizations offer valuable resources for understanding these state-specific laws, ensuring that will meet all necessary legal requirements.
How should digital assets be handled in a self-drafted will?
Incorporating digital assets into a self-drafted will requires careful planning.
Testators should clearly outline who inherits each digital asset and provide necessary access information for executors in a secure document. Reviewing the terms of service for each digital platform is also crucial, as they may have specific post-death handling policies.
Properly addressing digital assets ensures their inclusion and accessibility in the will.
Are there valid alternatives to notarization for those who might have difficulty accessing a notary?
For individuals facing challenges accessing notary services, valid alternatives exist to ensure a will’s legitimacy.
Some states permit holographic wills, handwritten and signed by the testator without witnesses or notarization. Online notarization services are also increasingly accepted in many states, enabling remote notarization for those in remote areas or with mobility issues.
It’s essential to verify the state’s recognition of online notarization before proceeding.
