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Signing Your Will: Witnessing and Notarization


Just follow a few simple rules to make your will legit.

Once you've made your will, pat yourself on the back -- but don't stop there. To make your will valid and ensure that your wishes will be honored, you need to take a few more simple steps. Don't put them off.

Witnesses

You should sign and date your will in front of two adult witnesses. In most states, the witnesses must together watch you sign your will, and then sign it themselves. In some states, it's all right for witnesses to sign the document later, if you tell them that it's valid and that your signature is genuine -- but it's preferable to do it all in one step.

In most states, your witnesses may not be people who are named to inherit property through the will. And if a lawyer drafted your will, he or she should not serve as a witness.

If for some reason you wrote out your will by hand, and signed and dated it, it may be valid even without the signatures of witnesses. Such "holographic" wills are honored in about half the states. But the will must be entirety in your handwriting. Usually, there's no reason to make such a will; it's more complicated and easily challenged because no witnesses watched you sign.

Notarization

Contrary to what many people believe, wills don't have to be notarized to be valid. However, in most states you may want your witnesses to sign a short document called a "self-proving" affidavit (a sworn statement) before a notary public. Doing so makes the probate process easier: Your witnesses won't have to come to court after your death to swear that the will is valid.

Now What?

You don't need to file your will with any court or government agency. It does, however, need to be kept in a place that your executor can get to easily when the time comes. For that reason, a safe deposit box isn't always a good option.

If You Move

Generally, a will is valid in any state where you die, if it was valid under the laws of the state (or country) that was your principal home when the will was made. This state is called your domicile. For example, if you have your principal home and spend most of your time in New York, but spend two months each winter in Florida, then New York is probably your legal domicile. You can have only one domicile at a time.

If you move to another state after signing your will, you should review your will in light of the new state's laws, especially property ownership laws that apply to married couples. Fortunately, you'll probably determine that your original will remains valid.

Copyright 2005 Nolo

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