Your Will does not have any legal effect
until it is properly signed and witnessed. Every state has a
statutory procedure that governs the proper execution of a Will.
Most states requires only that a Will be in writing, signed by
the testator and witnessed by two individuals in the testator's
presence. This is called "executing a Will." When you
are ready to execute your Will, you should have at least two
disinterested Witnesses, although three is preferable. The
witnesses should not be beneficiaries under
your Will.
Tell them that this is your Last
Will and Testament and that you wish them to act as
Witnesses. They do not need to know what is in your Will. In
their presence, you will initial and date each page on the lines
provided at the bottom and then sign on the signature page. Each
of the Witnesses should initial at the bottom of each page and
sign their names and addresses on the last page. This prevents
an unintended legatee from inserting a page and writing himself
or herself into the Will.
Each witness must initial and sign in your presence and in the
presence of each others. These instructions should be followed
exactly, as the law is very rigid in this area.
Instructions
for Executing Self-Providing Affidavit
You can make the probating of your Will
much simpler by using a "self-proving affidavit. It will
save your executor from having to locate all the witnesses to
your Will .The affidavit is a separate document. It should be
signed by you, the Testator, and your witnesses before a Notary
Public. Tell the notary that you want to make your will
self-proving. After every one has signed the Affidavit, staple
the affidavit to your Will. If you make a new Will, you must
make a new affidavit.
Should I copy My
Will?
Do not make more than one signed and
witnessed original of your Will. You may. However give an
unsigned copy to your proposed executor and your spouse, friends
or children.
Where Should I Store
My Will?
You Will should be easy to locate after
your death. Store your Will in a fireproof metal box, file
cabinet or home safe. A safe deposit box is not a good place to
store your Will because your bank may limit access to the box
after your death. Make sure your executor and at least one other
person you trust know where to find your Will. A will that
cannot be found is of no effect.
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