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Do you have a large estate or an interest in more advanced estate planning tools like trusts?

If your estate equals or exceeds a value of $1 million, or needs special estate planning tools like trusts, it may be best to talk with an attorney.
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Our Estate Planning Package includes a Last Will & Testament, Health Care Directive & Living Will, and Financial Power of Attorney to cover all of your basic estate planning needs.
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If you have minor children, you will want to name a guardian for them.
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If you have a pet or pets, you will want to name someone to care for them.
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If you want to give items or money to people or charities, you will want to make what are known as “specific gifts.”
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If you own a business or a share of a business, you will want to plan for succession of ownership.
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Do you want someone to handle your health care decisions if you are unable?

In case you are incapacitated, you will want to list your health care preferences and name someone to handle your health care decisions.
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Do you have a spouse with similar needs?

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Do you want someone to handle your health care decisions if you are unable?

In case you are incapacitated, you will want to list your health care preferences and name someone to handle your health care decisions.
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Do you have a spouse with similar needs?

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Do you have a spouse with similar needs?

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Thank you for taking our quiz!
Your answers suggest you might benefit from:

Speaking with
a FindLaw Attorney

Our directory of experienced, local attorneys can help you with circumstances such as:
What’s included:
  • Being part of a blended family
  • Caring for children with special needs
  • Establishing and maintaining trusts
  • …and any other concerns you have!
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Estate Planning Package

For One person

$135
What’s included:
  • Last will and testament
  • Living will
  • Power of attorney
  • Free HIPAA release form
  • A comprehensive plan — for less
  • Free changes and revisions for up to one year after purchase
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Power of Attorney

For one person

$39
What’s included:
  • Step-by-step guided process
  • A power of attorney that’s tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free changes and revisions to your will for up to one full year after purchase
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Living Will

For One Person

$39
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
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Last Will and Testament

For One Person

$79
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
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Estate Planning Package

For two people

$255
What’s included:
  • Two wills, living wills, and powers of attorney
  • Two free HIPAA release forms
  • You and your loved one create your own estate plans tailored to your individual needs
  • Attorney-approved documents customized to your state’s laws
  • Free changes and revisions for up to one year after purchase
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Power of Attorney

For two people

$78
What’s included:
  • Step-by-step guided process
  • A power of attorney that’s tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free changes and revisions to your will for up to one full year after purchase
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Living Will

For Two People

$78
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
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Last Will and Testament

For Two People

$149
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
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Living Will + Power of Attorney

For one person

$78
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
  • A power of attorney that’s tailored to your needs
  • Free changes and revisions to your will for up to one full year after purchase
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All done! Based on your answers, we recommend:

Last Will and Testament + Power of Attorney

For one person

$118
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A power of attorney that’s tailored to your needs
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All done! Based on your answers, we recommend:

Last Will and Testament + Living Will

For One Person

$118
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A living will tailored to your needs
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
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All done! Based on your answers, we recommend:

Living Will + Power of Attorney

For two people

$156
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
  • A power of attorney that’s tailored to your needs
  • Free changes and revisions to your will for up to one full year after purchase
Close

All done! Based on your answers, we recommend:

Last Will and Testament + Power of Attorney

For two people

$227
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A power of attorney that’s tailored to your needs
Close

All done! Based on your answers, we recommend:

Last Will and Testament + Living Will

For Two People

$227
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A living will tailored to your needs
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase

Signing a Will

In a will, as with many legal documents, the requisite signatures make all the difference in the world. Your signature is the symbolic mark declaring to the world when you die that the instructions contained in the final document are truly your “last will and testament.” It is an essential part of a valid will and should not be taken lightly.

Table of Contents

Signatures and Witnesses

As with many legal documents, the devil is in the details. Because you will not be available to protect your own estate after your death, there are a number of legal requirements meant to guard against misuse of your signature once you do die. This article explores a few of these requirements common across states and some potential strategies to avoid complications.

Of course, the most important signature required to make a will valid is that of the person making the will. This person is known as the “testator”; when they die, they are known as the “decedent.” All other signatures are meant to ensure the integrity of the testator’s.

So, who else’s signatures are required? Wills must be signed in the presence of witnesses. Legally, ensuring that the testator has the mental capacity to make decisions for themself is very important. In particular, the law wants to make sure that testators lacking mental capacity are not taken advantage of. Witnesses help by making sure testators are of “sound mind” when signing.

Number and Age of Witnesses

All states require at least two witnesses. That said, laws change. For example, before requiring merely “two or more credible witnesses,” Vermont used to be the only state that required three witnesses. Before you sign your will, check your state’s current requirements just in case.

Witnesses must typically watch the testator sign while in each others’ presence. Among other things, this helps make sure no witnesses manipulate or exert any pressure on the testator. Each witness then provides their own signature in the testator’s presence. There are some exceptions to this rule, but it is much better to have everyone sign in the same sitting. This helps avoid complications down the road.

Further, most states require witnesses to be at least 18 years old. However, there are exceptions here too. For example, Texas only requires “credible witnesses who are at least 14 years of age.” Again, check your state’s current age requirements to be certain.

Who Makes a Good Witness?

Though states vary as to other witness requirements, common denominators are credibility, neutrality, and disinterest. An “interested witness” is one whose stake in the estate creates an incentive to lie. This defeats the point of having them as a witness.

For example, heirs (individuals who inherit based on their descent from the testator) and beneficiaries (individuals otherwise selected to receive a portion of the estate) are typically not allowed to act as witnesses because they have an interest in the division of the testator’s estate. In general, loved ones are not the best witnesses regardless of whether they are heirs or beneficiaries. Similarly, a lawyer who drafts a will may also not act as a witness.

Holographic Wills

“Holographic wills” are discouraged. These are handwritten wills and are binding in about half of the states if there is proof that the testator handwrote the whole document, signed it, dated it, and was competent to do so. No witnesses are required. Holographic wills tend to raise suspicion and are susceptible to legal challenges because of their highly informal nature. Accordingly, these wills should almost always be avoided.

Have Your Witnesses Sign a Self-Proving Affidavit

Probate is a legal process in which your executor proves to a court that your will is valid. Simply put, they must prove that the document is truly a reflection of your intentions for your estate after you die. (Separately and confusingly, “probate” can also refer to the process of distributing your estate in the absence of a will.)

Normally, proving the validity of your will to a probate court might require having your witnesses testify in court. A “self-proving affidavit” is meant to simplify the probate process by avoiding this requirement. It is a sworn document, stamped by a notary, that is attached to a will and declares it to be authentic. Though this creates an added expense in having to go before a notary, this step helps avoid much larger expenses during probate.

Notify Your Executor

An “executor” is the person you select in your will to carry out its instructions when you die (in some states, they are called “personal representatives.” They should be chosen carefully for competence and trustworthiness.

Keep the original will in a safe location and make sure your executor knows where it is. Upon request, many law firms will hold on to the original copy of their clients’ wills for safekeeping. Alternatively, you may leave your original will in a safe deposit box at a bank. No matter which option you choose, be sure your executor knows where to look for it.

One common source of conflict involving wills is the existence of multiple wills. Be sure to date and sign any new wills clearly. Newer wills should also clearly state that they are meant to supersede any earlier wills. This can be done using what’s called a codicil, a supplemental document attached to your will that can be used to revoke earlier wills or modify current ones. If possible, you should go ahead and destroy any old wills (originals and copies).

Also, if you have created multiple wills over time, it is even more important to preserve the original copy of the most recent version. Multiple copies of a current will, in the absence of an original version, invites speculation that you destroyed the original with the intention of revoking it. Arming your executor with the original copy of your most current will is the best way to avoid these complications.

Residence Requirements

As long as your will is valid in the state in which it was created, it will generally be valid in the state in which you die. However, when you move to a different state, it is still good to review that new state’s laws. Though your will may still be valid, you can avoid complications and expedite its administration by reforming it to comply with the laws of your new state.

For example, suppose you created a valid will in Texas, which allows your witnesses to be as young as 14 years old. Suppose you then move to another state which, like most, requires that witnesses be at least 18 years old. In this scenario, it may be best to update the will so it complies with your new state’s requirements. Similarly, if you are married, you should also investigate the state’s marital property laws. Most likely, you will find that your will is still valid, but if your new state’s laws differ, you should consider revising your will to be sure.

Getting Ready to Sign

In many cases, you can save time and money by drafting your own estate planning documents using FindLaw’s do-it-yourself estate planning tools. However, if your estate is complex, you may have questions about writing a will and ensuring its validity. In this case, you can seek legal advice from an experienced estate planning attorney in your area.

Estate planning solutions to fit your needs.

Written by:

FindLaw Staff

Contributing Author

Ally_Marshall_image

Reviewed by:

Ally Marshall, Esq.

Managing Editor