Can I Write My Own Will and Have It Notarized? So you’re wondering if you can write your own last will and testament and have it properly notarized to make it legally binding. The short answer is yes, you absolutely can. Writing your own will, known as a holographic will, can save you money and ensure your final wishes are honored exactly as you intend.
However, there are a few key things you need to keep in mind to make sure your DIY will passes muster in court. You’ll have to make sure it’s written entirely in your own handwriting, signed by you, and dated. Then you’ll need to get it notarized by an official notary public to confirm your identity and ensure there’s no question of fraud or coercion.
If done properly following your state’s legal requirements, a holographic will can be a simple and affordable way to put your mind at ease knowing you’ve taken care of this important life task.
What Is a Will and Why Have One?
A will is a legal document that specifies how you want your assets and property distributed after you die. Having a will ensures your final wishes are honored and prevents confusion or disputes among family members.
You can absolutely write your own will, then have it notarized to make it legally valid. The key is to do it properly according to your state’s requirements. Most states allow a handwritten will, called a holographic will, as long as it’s signed and dated by you. However, it’s best to type it up to avoid ambiguity.
Your will should clearly state that it’s your last will and testament. Appoint an executor to carry out your wishes; often a spouse, adult child, or close friend. Name any beneficiaries, like family, friends, or charities, and specify what they will inherit. This includes financial assets, real estate, vehicles, valuables, digital assets, and personal belongings.
Be very specific to avoid confusion. Include details like account numbers, property addresses, and the personal items going to certain individuals. Review and update your will periodically as circumstances change. Keep the original in a fireproof safe or cabinet along with other important documents.
Having a notary public witness you signing the will and verify your identity adds an extra layer of authenticity. Notarization is required in some states for a will to be legally binding. Check with your state laws to ensure your will is valid and enforceable. Taking these steps will give you peace of mind that your final wishes will be honored.
Read More: Keeping a Reading Log? Here’s How to Make It Work for You
Can I Write My Own Will and Have It Notarized?
Is It Legal to Write Your Own Will?
In most states, yes, you can write and execute your own will, also known as a holographic will. All you need is for it to be properly signed and witnessed according to your state’s requirements. However, there are a few things to keep in mind.
First, make sure your will is legibly handwritten or typed by you. Don’t use a pre-made form or template. It must be in your own words. You’ll also want to clearly state that it’s your will and testament.
Next, sign and date your will in the presence of at least two witnesses. They must watch you sign, then sign themselves in your presence. Witnesses should not be beneficiaries named in the will. Notarizing your will is not required in most states but can help prevent legal challenges.
Be specific about how you want your assets and property distributed. Name beneficiaries, charities, friends or family members and clearly state what each is to receive. You can also name an executor to carry out your wishes.
Finally, store your will in a safe yet accessible place and tell close ones where it can be found. You should also consider updating your will if life circumstances change.
While a DIY will can work, for complex situations it may be best to have an estate planning lawyer draft your will. They can ensure it abides by all legal requirements and helps avoid issues later on. A little professional help can go a long way toward peace of mind.
Requirements for a Valid Will
To have a legally valid will, there are a few requirements you must meet.
Proper age
You must be of sound mind and legal age, which is 18 in most states. If you are under 18, you will need a legal guardian to sign the will.
Signature
Your will must be signed in the presence of at least two witnesses. They must watch you sign the will, then sign it themselves. Witnesses should not be beneficiaries named in the will. Their role is to verify that the will represents your true final wishes.
Notarization (optional but recommended)
While not always legally required, it is best to have your will notarized. A notary public will verify your identity and ensure your will is properly signed and witnessed. Notarization adds an extra layer of validity and can help avoid potential disputes over the will after you pass away.
Specific, lawful instructions
Your will should provide clear instructions for distributing your assets like money, property, vehicles, and other belongings. These instructions must be lawful and specific to avoid ambiguity or confusion. List each beneficiary by legal name and specify exactly what they will inherit.
Executor appointment
An executor, also known as a personal representative, should be named in your will. This person or institution will be responsible for carrying out your wishes as stated in the will. Be sure to obtain consent from the executor before naming them in your will.
Guardian nomination (if needed)
If you have minor children, your will should nominate a legal guardian to care for them in the event of your death. Discuss this decision with the potential guardian ahead of time.
Following these guidelines will help ensure your will is legally valid and carries out your final wishes accurately. Be sure to store your will in a safe but accessible place, and tell your executor or close family members where it can be found.
Steps to Write and Notarize a DIY Will
Writing your own will and having it notarized is absolutely something you can do yourself. It will save you money and give you peace of mind knowing your final wishes will be honored. Here are the basic steps to DIY your will:
Gather Necessary Information
Make a list of your assets, like bank accounts, retirement funds, property, vehicles, investments, collectibles, etc. and their approximate values. Also list any debts you owe. Determine who you want to inherit what. Name an executor to carry out your will—often a spouse, adult child or trusted friend.
Use a Will Template
You can find simple will templates online to use as a guide. The template will walk you through including things like naming beneficiaries, appointing guardians for minor children, naming an executor, specifying how you want your assets distributed, and more. You’ll just need to fill in the blanks with your personal information and wishes.
Sign Your Will
Once you’ve completed the will, review it carefully to ensure it reflects your final wishes. Then sign the will in the presence of two witnesses who are not beneficiaries. Your witnesses must also sign to confirm you signed willingly and were of sound mind.
Get Your Will Notarized
Take your signed will to your bank or a notary public and have it notarized. The notary will verify your identity and that you signed voluntarily. They will then stamp and sign the will to officially notarize the document. Make copies of the notarized will—keep the original in a secure place and give copies to your executor and close family members.
Update as Needed
Review and update your will every few years or if there are any major life events like marriage, divorce, births or deaths. Notarize any updates to ensure your will is valid and current. Your DIY will can give you peace of mind that your final wishes are clearly stated and will be carried out.
Common Mistakes to Avoid With DIY Wills
One of the biggest mistakes people make when drafting their own will is not having it properly witnessed and notarized. In order for a DIY will to be legally valid, it must be signed by at least two witnesses who are not beneficiaries named in the will. The witnesses must sign in the presence of each other and in the presence of the person making the will.
Not Getting it Notarized
After the will is signed by witnesses, it should be notarized by an official notary public. A notary public is a person authorized by the state to administer oaths and verify legal documents like wills. Getting your DIY will notarized adds an extra layer of legitimacy and helps avoid challenges to the will after you pass away.
Vague or Ambiguous Language
It’s important to be very clear and specific in your DIY will. Don’t use vague terms like “distribute my assets equally” or “give the remainder to my closest friends.” Specify exact percentages, amounts, properties, and beneficiaries. Ambiguous language often leads to confusion and disputes that can tie up the probate process.
Not Accounting for All Assets
Make sure your DIY will specifically covers all your major assets like your home, vehicles, financial accounts, jewelry, collectibles, digital assets, and any valuables. Don’t leave anything out, or that asset may not get distributed according to your wishes. Review all your accounts and property before finalizing your will.
Not Planning for Incapacity
A will only goes into effect after you pass away. It’s also a good idea to have other documents like a living will, healthcare proxy, and power of attorney to account for the possibility of becoming incapacitated during your lifetime. These additional documents allow you to specify your healthcare wishes and give a trusted person authority to handle your affairs if needed.
Following these tips will help ensure your DIY will properly accomplishes your estate planning goals and avoids common mistakes that could jeopardize your final wishes. Taking the time to do it right the first time provides peace of mind that your affairs will be in order.
FAQ
Many people have questions about writing and notarizing their own will. Here are some of the most frequently asked questions:
Do I need a lawyer to write my will?
No, you don’t necessarily need a lawyer to write a basic will. As long as you follow your state’s requirements for a valid will, you can write your own will without an attorney. However, for more complex estate plans or if you have questions, consulting an estate planning lawyer is a good idea.
How do I get my will notarized?
To get your will notarized, you’ll need to sign it in the presence of a notary public. Most banks, shipping centers like UPS and FedEx, and some public libraries offer notary services. The notary will require proof of your identity, like a driver’s license or passport, and charge a small fee. Having your will notarized simply verifies your identity and the fact that you signed the will voluntarily.
Should I register or file my will with the court?
In some states, you can register or file your will with the local probate court for a small fee. Doing so creates an official record of your will’s existence and location. However, registering a will is not required for it to be valid in most places. You should check with your state’s rules to see if registering your will provides any benefits. If you do register it, be sure to notify the court if you later amend or revoke your will.
Whether you write your own simple will or work with an estate planning lawyer, having an up-to-date, legally valid will in place can give you peace of mind knowing your final wishes will be honored. If you have other questions about wills, trusts or estate planning, don’t hesitate to contact an expert.
Conclusion
You’ve got the tools and the ability, so why not give it a shot? Writing your own simple will is absolutely something you can do yourself. While it may seem intimidating, if you take it step by step, think it through carefully, and have it properly notarized, a DIY will can be a straightforward process.
Not only will you save money on legal fees, but you’ll have the peace of mind knowing you’ve put your final wishes down on paper. And if your situation changes down the road, you can always make updates or have a lawyer draft something more complex. For now though, grab your laptop, pour yourself a coffee, and get started leaving a lasting legacy for your loved ones. You’ve got this!
