Title 2 (Wills, Decedents’ Estates and Probate Code) Find your state below and be certain that you know the requirements. Most states require that you have two witnesses attest and sign your Will. The state of your primary residence will govern your Will. For legal purposes, and so that the document is not contested by any third (3rd) party, the witnesses along with the testator should authorize the form with a notary public present.Įvery state has its own requirements for the legality of your Will. It is strongly encouraged the witnesses be disinterested from the will. Step 6 – Find at least two (2) witnesses (most States require two (2) witnesses) that can attest to the will and sign. They should then sign and print their name below. Step 5 – The Testator should again, enter his or her name and date the will. Step 4 – Enter the State that will govern the will. In most cases, the state inscribed will be that of the testator’s primary state of residence.
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With this document, the testator may fill-in up to three people (describing them should include their full address, relation, and last four (4) digits of their social security number (SSN)) and if there are more individuals they should be attached or added to Section III. The document allows for the testator to state specific items to individuals or if there is to be only one (1) beneficiary the testator may enter ‘All real and personal property’. Step 3 – Enter the beneficiaries, otherwise known as the people that will receive the testator’s personal and real property after their death. Their information should be entered with their full name and address along with any secondary personal representatives in the chance that the first (1st) is not able to act. This will be the individual that will oversee the probate process and ensure that the decedent’s estate is provided to the rightful heirs. Step 2 – Fill-in who will represent as the personal representative (also known as the ‘executor’) of the will.
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At the option of the testator, they may register the will with the probate court in their county (if applicable).
Step 5 – Store Your WillĪ will is meant to be kept in a safe place with original copies provided to the beneficiaries and legal counsel. Although, it is highly recommended to have notarized as a will can be contested for any reason by disgruntled family members were left out. Under most states, a will can be signed with two (2) disinterested witnesses (except Colorado and Louisiana which require a notary public). If there are any children of family members that shouldn’t be included, this should be specifically mentioned in the will. The beneficiaries are the people who will receive the property and assets of the testator. It is recommended that a personal representative be a trusted attorney and not a beneficiary. Appoint a Personal Representative (Executor)Ī personal representative (or executor) is a person that will be in charge of delivering the testator’s assets to the beneficiaries after death.
This should also include any debts to help prepare the personal representative (executor) of the will. Make a list of all the assets of the testator.
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