How to make a will legal

You’ve taken the plunge and created your last will and testament — congratulations! This essential legal document will help you protect your loved ones, make important decisions about your property, and so much more. But first, you must make it legally binding.  

“Executing your will” is the process of making it legally valid. While the exact requirements can vary from state to state, the process itself is generally fairly simple. There are two main conditions you must meet to execute your will: you must be of sound mind, and you must sign your will in front of two witnesses.

1. You need to be of sound mind

Being of sound mind — also known as having mental capacity — means you’re aware of what you’re doing when you create and sign your will. This includes understanding the decisions you’ve made in your will, like which assets you’ve listed, the executor you’ve chosen to manage your estate, and the beneficiaries you’ve named to receive your property. It also means you weren’t pressured or influenced to make certain decisions by someone else — such as a caretaker you rely on.

Concerns about your mental capacity can lead to your will being contested (or challenged) after you pass away. If your mental state is questioned, your heirs could claim that you weren’t mentally capable of understanding your decisions and their impact, or that you were under the influence of someone else when writing your will.

2. You need to sign your will in front of witnesses

Your will won’t go into effect until after you pass away, meaning you won’t be around to confirm that it’s really yours. This is why it’s important to sign your will alongside at least two trusted witnesses.

Witnesses will watch you sign and date your will. Then, they’ll also sign and date your documents. After you pass away, your witnesses will confirm for the court that you did, indeed, sign your will — and that you were of sound mind when doing so.

Ideally, each of your witnesses should be:

• At least 18 years old
• Someone who isn’t related to you by blood or marriage
• Someone who won’t receive anything from your estate when you pass away

Most states require you to sign your will in front of two witnesses. Those witnesses should be “disinterested,” meaning they aren’t related to you and they won’t inherit anything from your estate. As a rule of thumb, anyone you name in your will shouldn’t be a witness.

If you create your will with FreeWill, we include detailed signing instructions specific to your state with your will document.

Check out our helpful guide to learn more about who can (and can’t) witness your will.

Store your will in a safe place

Once you’ve executed your will, you’ll want to store it in a safe place. This could include:

• A waterproof, fireproof box or safe
• A safe deposit box
• With your executor
• With your attorney
• With your local probate court

Be sure to let someone know where your will and other important documents are stored. If you don’t, your loved ones may assume you didn’t have a will.

Not having a will is known as dying intestate. In this case, your local court decides what happens to your estate based on arbitrary state laws. To ensure your wishes are known and met, it’s important to inform your executor, spouse, adult children, or another trusted loved one about your will and where it’s kept.

3 common myths about executing your will

Executing your will is a simple task, but you may have heard rumors saying otherwise. Despite what some people think, the steps below aren’t necessary to make a legally-valid will.

Myth 1: You have to notarize your will for it to be legal

Louisiana is the only state that requires you to have your will notarized. This means that if you live in any other state, you don’t have to notarize your will for it to be considered legally valid.  

If you want, you can use a notary to “prove” your will with a self-proving affidavit. This is a notarized document that can help speed up the process of distributing your estate (called the probate process) after you pass away. Keep in mind that self-proving affidavits are optional, and aren’t recognized in every state.

Myth 2: You have to file your will at your local courthouse

You can choose to file your will at your local county or probate court, but it’s not required. In fact, some experts will advise you not to, because it can create obstacles if you move to another state or decide to change or rewrite your will. However, if you have no other place to safely store your will, you’re worried it will get lost, or you have concerns about it falling into the wrong hands, then filing your will with your local court can be a good option.

Myth 3: You need a lawyer to write and execute your will

Unless you have a complex estate or complicated family dynamics, you likely won’t need to hire a lawyer to create your will.

For many Americans, a do-it-yourself will can provide enough protection for you and your loved ones. There are many options available to help you make your own will — including free will-making services, like FreeWill — that can be just as valid as documents prepared by an estate attorney.  

Create your will today

Having a will ensures your final wishes are known while also providing your loved ones with peace of mind. But your will can’t do its job until you execute it. By executing your will and making it legally binding, you’re protecting your legacy and ensuring your loved ones are cared for long after you’re gone.

If you don’t have a will yet, there are many ways you can create one — like with FreeWill. With our free will-making tool, you can write your will in just 20 minutes. Simply follow the guided questionnaire, print your completed documents, and execute them according to your state laws to have a legally valid will today.