If you’ve ever tried to finally “create your will”, you’ve probably hit the same wall most families do – “How do I sign it so that it actually counts?” That question is incredibly important, because a will can be perfectly written and still create problems later if it wasn’t executed (signed and/or notarized) the way your state requires as it is your state that sets the rules for how this needs to be done.
The good news is that in most states, the rules are simpler than you might think. You usually need a written will (doing it on-line is fine), plus your signature and two witnesses. Notarization is often helpful but may not be required in the state in which you live for the will to be valid. Each state is unique. There are, however, a few important exceptions to that rule—more on that below.
Let’s break it down so you can feel confident that you’re taking the right steps in the right order. The good news is that Gentreo, when your documents print out, works to give you practical next steps to take so you can use your documents for their intended purposes.
The “Most States” Rule: What A Valid Will Usually Needs
In most U.S. states, a standard (typed) will is valid when it is:
- In writing
- Signed by you (the person making the will) in front of witnesses
- Then, signed by those (typically two) witnesses
Most states follow rules similar to the Uniform Probate Code’s baseline: A will is generally valid when it’s in writing, signed by the testator, and signed by two witnesses within a reasonable timeframe. Remember, this is for most states, but each state has its own set of laws so you need to check with your state or look at your Gentreo documents.
The witnesses are there to confirm, for instance, that you are who you say you are, that you signed voluntarily, and that you understood what you were doing. The witnesses aren’t there to judge your choices. Instead, their purpose is to reduce the odds that disputes or confusion happen later.
Does Your Will Have to Be Notarized?
In many states, notarization is optional for validity. A will may still be valid without a notary as long as you follow your state’s signing and witness rules. The reason why most people notarize wills at all is to create what’s called a “self-proving will.”
What Are Self-Proving Wills?
A self-proving will is a will with an extra page (called a self-proving affidavit) that witnesses sign under oath in front of a notary. This usually means that your witnesses don’t need to be tracked down later to prove the will in probate court, saving your family time and stress when they’re already dealing with enough. This is a huge point as finding people to come to court can be difficult as people may have moved, passed away, or not be a friend any more.
It’s important to note that in most cases the notary should not be one of the witnesses. A self-proving affidavit generally involves notarizing the signatures of the testator and the witnesses. If the notary is also signed as a witness, they could be notarizing their own signature, which isn’t legal in most states.
How do I find a Notary?
If you are a member of a credit union or bank, call them first as many of them will notarize your will or other estate planning documents for free. Plus, they often have staff on hand who can help witness your signatures. Be sure to bring valid identification (like a state-issued license or passport) as proof of identity. If they don’t have a notary available, each state has a list of certified notaries.
What Actually Changes From State to State?
Most states adhere to the “two witnesses” requirement, but at the time of this article being written there are a few important differences you should know about:
Louisiana Notary and witnesses are built into the will format
Louisiana is unique because its “notarial testament” requires the will to be executed before a notary in the presence of two witnesses, and signed by the testator, witnesses and notary. This extra formality is what makes the will valid, so don’t just guess.
Colorado and North Dakota let a notary sometimes replace witnesses
Most states don’t let notaries substitute for witnesses, but Colorado and North Dakota do, via a path where the will can be acknowledged before a notary under their adopted Uniform Probate Code approach. In both states, notarization can be an alternate execution method.
Handwritten wills are allowed in many places, but still risky
Handwritten wills, also known as holographic wills, are accepted in some states, often with reduced witness requirements (sometimes none), if and only if, they’re in your handwriting and you sign it. Keep in mind, however, that courts can scrutinize holographic wills more closely, since without witnesses, people might question the circumstances or the authenticity of the will.
Who can be a witness?
The details vary by state, but in general, you’ll want to choose witnesses that are:
- Adults (usually those over the age of 18)
- Mentally competent
- Able to be found later (not someone just passing through town)
Avoid “interested” witnesses where possible. An “interested witness” is someone that’s also benefitting under the will. Some states allow it, but it can complicate things.
Notary Options: In-Person or Remote?
Notary rules, including remote online notarization or RON, vary by state and can change over time. Currently, the safest approach is to follow the instructions for your state, use the signing process provided by their platform, and don’t assume that a notary is interchangeable with a witness unless your state clearly allows it. Witnesses and notarizing are two different jobs. A witness watches you sign, whereas a notary verifies identity and completes the notarial certificate. Sometimes you’ll only use witnesses, but sometimes you’ll use both, especially for a self-proving affidavit.
Getting Started with State Specific Guidance
Writing your wishes down is important, but executing your will correctly will turn those wishes into something your family can actually rely on. In most states, you don’t need a complicated legal process; just a clear plan, the right signatures, and a way to store your documents that makes them accessible when they’re needed most.
If you’re using a guided platform like Gentreo, follow our state-specific signing instructions and don’t hesitate to use the self-proving options when available. It’s a small step that can make a significant difference for your family later.
TL;DR
Most wills are valid when they’re in writing, signed by you, and signed by two witnesses. Notarization is usually not required for validity but it’s often used to create a self-proving will, which can make probate smoother by reducing the need to find witnesses later. A notary typically should not also act as a witness if they’ll be notarizing the signatures. A few states have notable differences, including Louisiana, Colorado, and North Dakota. When in doubt, follow your state’s signing requirements, and store your will somewhere where your family can access it when it matters.
