It’s no secret that most people dread writing their will, not because they don’t care or don’t think it’s important, but because they’re worried they’ll do it wrong. The signing part in particular can be concerning, since a will can be thoughtfully written and still cause delays because it wasn’t executed (signed and witnessed and/or notarized) the way your state requires. In fact, it’s one of the biggest mistakes people make when executing their wills. You must follow the state-specific execution rules to make your will valid.
That’s when it’s nice to have a fast, state-aware compliance checklist that you can use to make sure your will isn’t just complete, but properly finalized. Keep in mind that this is educational information, not legal advice. If you have a complex situation, talking with an attorney can still be worth it.
What State Rules Usually Cover
Most state requirements for a standard written will come down to these questions:
- Capacity – do you understand what you’re signing?
- Format – is the will written and not verbal instruction?
- Execution – does it include your signature, witness rules and (possible) notarization?
- Storage/access – can your family find typically the original signed version when needed?
Different states have different rules, especially when it comes to witnesses and notarization, and the safest bet is to follow your state’s specific steps when it comes time to sign.
Note: While Louisiana commonly requires notarization for formal (notarial) wills, it has unique execution rules that differ from most other states.
Fast Compliance Checklist
Here’s a quick, easy compliance checklist that works for most any state.
Make sure you’re creating a valid will
- Your will is in writing (typed or handwritten, if allowed by your state)
- You’re not relying on notes, texts or verbal instructions as your plan
- You’re not leaving things blank or crossing things out after the will has been printed and signed
One of the biggest mistakes when writing a will is treating informal or DIY documents as “good enough”. That’s a surefire way to make sure your will doesn’t meet execution rules.
Do a “no surprises” review before signing
- Names of people and organizations are spelled correctly
- The executor is clearly named
- If applicable, guardianship is clearly named
- Gifts and beneficiaries are clear
- You’ve reviewed the whole version start to finish
It’s a good idea to carefully read any legal documents before signing and making changes in the draft document, not on the final, printed page. This helps ensure your will meets execution requirements and make your will valid.
Match your state’s witness rule (most states require two adult witnesses)
Most states (each state has its own rules) require at least two competent adult witnesses, although some states recognize holographic (handwritten) wills or have additional requirements.
Your required witnesses must typically be ‘disinterested’ — typically meaning that person (and that person’s spouse) are not receiving anything in the will. In many states, a beneficiary who acts as a witness may lose all or part of their inheritance, especially if there are not enough other disinterested witnesses. Make sure you have:
- The required number of witnesses ready
- Witnesses are adults of sound mind
- They see you sign and sign after you, in your presence (and as required by your state)
Again, it is smart to make sure to choose witnesses who are not named as beneficiaries.
Decide if you’re adding notarization (this is typically recommended)
Notarization can add an extra layer of authentication and may help your will be more easily accepted in probate. Notarization often shows up in wills through the self-proving affidavit, which supports its validity and can help reduce issues later.
- If using a notary, find out if your state treats it as required, optional, or recommended
- You’ve arranged for a notary if your state or your will package calls for it
- You’re following the execution steps specific to your state.
Most states allow a ‘Self-Proving Affidavit.’ This is a notarized page attached to your will that prevents your witnesses from having to go to court after you pass away.
Consider Remote Online Notarization (RON) if it’s allowed in your state
Can you just have your will notarized online? Sometimes yes, sometimes no, depending on your state. We’ve created a state-by-state discussion of remote online notarization options – keep in mind that notarization rules differ by state and document.
- You’ve confirmed whether remote notarization is allowed for your document in your state
- You’re using a compliant notary if you choose to go remote
Confirm capacity basics
More likely than not, you won’t need to worry about this, but capacity becomes important in a legal sense if someone later claims that you didn’t understand what you signed. Mental capacity is an important part of estate planning and the validity of your document, so following proper witnessing and notarization practices only adds strength to your will.
- You signed when you were clear-headed and competent
- You were not under any pressure or coercion to sign
- Your witnesses could honestly say you understood what was happening
Print and sign a physical copy (unless your state clearly allows fully digital wills)
In many states, creating your will online is only the first step. It must still be executed according to your state’s formal requirements, which often include physical signatures and witnesses unless your state specifically authorizes electronic wills. Digital doesn’t automatically mean legally complete.
Here’s what that usually means:
- Print the final version of your will (unless you live in a state that legally allows fully digital execution and you are following those rules exactly).
- Sign the final printed copy using your full legal name.
- Have the required number of witnesses present when you sign. Most states require two adult witnesses. They must watch you sign (or acknowledge your signature) and then sign the will themselves in the manner required by your state.
- Choose appropriate witnesses. In many states, witnesses should not be beneficiaries (people receiving assets under your will), as that can create legal complications.
- Consider a notary. While a notary is not required for a will to be valid in most states, notarizing a “self-proving affidavit” can make probate much smoother. A self-proving affidavit confirms that you and your witnesses signed properly, which can help your family avoid tracking down witnesses later.
If your state allows electronic wills, you must strictly follow that state’s specific rules for digital signatures, remote witnesses, and notarization. Missing even one requirement could invalidate the document.
Store your will where it can be found and accessed when needed
Your family can’t follow your will if they can’t find it, which makes this last step so important.
- Your signed and witnessed and/or notarized copy is stored securely
- Your executor (and a trusted person) knows where it is
- You’ve kept it accessible for the people who need it
Storing your will in a safe deposit box that only you can access can create serious problems. If no one else has legal access to the box, your family may need a court order just to retrieve the very document that tells them what to do.
Make sure your will is stored somewhere secure but accessible. At least one trusted person, such as your executor, should know where the original is located and how to access it after you pass away.
At Gentreo, we suggest adding a “life happens” reminder for yourself: a review of your will after major milestones, like marriage, divorce, childbirth, buying a home and so on. Review and update your will (by creating a new will based off your original or just a new will) accordingly as you and your family go through these major life milestones.
It’s time to stop treating signing your will like an afterthought. The fastest way to protect your family is to create a document that holds up when it matters most. It’s not just about creating a will, it’s about creating a compliant will that can give you and your loved ones real peace of mind.
TL;DR
State rules vary, but most will requirements come down to having a written will, your signature, and often two proper witnesses plus correct execution steps for your state. Sometimes notarization is required and is often combined with a self-proving affidavit to make the probate process smoother. Use witnesses who are adults, competent, and ideally not beneficiaries in the will. Don’t assume a digital will is done unless it’s executed according to your state’s rules. Most states still require printing and signing. Finally, store and share your signed documents where your family can find them when needed.
