Last Will & Testament - $49

A properly executed will almost always requires that witnesses, in addition to the maker of the will, actaully sign the document. Most states require two or more witnesses to attest and sign a will. The signature of a notary public can also make a will self-proving, thus obviating the need to bring witnesses to court to prove the validity of a will.

Depending on what state you are in, there are usually several ways to revoke a will. You can revoke a will by making a new will, which replaces all prior wills. Another option is to make a codicil to your will. A codicil is like an amendment to your will. A codicil does not completely replace a previous will, but it modifies or supplements a will that is already in existence. When making a new will or a codicil to a will, you must comply with all of the formalities required by state law. Another way to revoke a will, in some states, is to simply destroy the will by tearing it up or burning it.

The laws of each state vary with respect to age requirements to make a valid will. In most states, you must be 18 years or older to make a will, but there are certain exceptions for minors who are married, service people, etc. If you're not sure that you can make a valid will, please see our quick state-by-state guide to will requirements.

With very few exceptions, you do not need to have your will notarized in order to make your will valid. Instead, it is only to make your will self-proving that you would need notarization. A self-proving will obviates the need to bring witnesses to court to prove the validity of a will. All NowLegal.com wills come with specific instructions on how to make your will legally valid in your state and how to make it self-proving.

Depending on what state you are in, witnesses may have to do any of a number of things. For example, in some states witnesses may have to watch you sign the will and then sign it in your presence. In other states, witnesses may have simply have to observe you declare that it is your willand then sign it. Each state, though is very specific about witness requirements. All NowLegal.com wills come with specific instructions on how to make your will legally valid in your state and how to make it self-proving.

There is no legal requirment that you keep your will in a safe after you sign it, but it is a very good idea to keep a will somewhere secure, such as a safe, a lock box, or in a safety deposit box at the bank. A will is a very important legal document that you will want to safeguard.

An executor, or personal representative, is the person you designate in your last will to carry out your last wishes and administer your estate. It is always a good idea to designate an alternate executor, just in case your first choice is for some reason unable to serve.

It is a very bad idea to have your children, or anyone else that may benefit from your estate, to act as a witness. If a person who is supposed to derive a benefit from your will also witnesses you signing the will, most states will void that gift unless other very specific rules are followed and requirments met. Simply put, if your children are beneficiaries under your will, they should not serve as witnesses.

A valid will that you make in one state will most likely be held valid in your new state. So long as you are following a standard procedure, you should be okay. You need to be very careful, though, with things like handwritten wills since there are some states that will simply never honor such a will.

A last will is not legally required, but it is highly recommended. It ensures that you control how your property will be distributed upon your passing. If you do not have a last will in place when you pass away, state law will control how and to whom your property is distributed. When you die without a will, you are said to have died "intestate" and your estate passes according to state intestacy rules.

A hand written will might be valid, depending on the state and the circumstances. Although some states will accept a handwritten will as valid, provided that most or all essential provisions of the will are entirely handwritten, there are often questions about the authenticity of a handwritten will. This and the fact that most handwritten wills fail to all the important estate issues is why it's generally more prudent to have some guidance in making your will.