Can I Write My Own Will and Have It Notarized?

At some point, everyone will have some sort of involvement with a will.

Whether it’s because writing their own, bearing witness to the signing, or the execution of someone else’s.

This article is aimed at anyone who wants to have their documents notarized quickly and easily online as well as drawing up your own will with clear instructions.

1. Can I write my own will?

Yes. Specific states will allow you to write up your own will based on specific requirements.

Please look at the following chart for specific laws per state.

Drafting Laws & Witness Requirements

Note: Some states may disqualify witnesses who are also beneficiaries or know the signer personally.

For more detailed information on each state's requirements, please visit Nolo.

2. Does A Will Have to be Notarized?

The short answer is no, a will doesn’t need to be notarized; however, there can be considerable benefits to having a notary on hand during a will-signing ceremony.

How does a will become valid?

For a will to be considered valid, there are a few things that have to happen.

As shown in the chart above, witnesses must be present for the execution of the will.

They swear a series of statements like:

• that they saw the testator sign the will
• and that the signer is who he/ she claims to be.

After that, the witnesses also sign the will.

What is a self-proving affidavit?

So where does the notary come in, you ask?

A notary public is needed for the witnesses to complete self-proving affidavits. Self-proving affidavits are additional documents that attach to the will and make it self-proving.

Witnesses must swear to the notary that they witnessed the execution and attest to all of the witness statements.

When a will is self-proving, it removes the need for the witnesses to appear in court during probate, which can save interested parties lots of time and money.

For this reason, completing self-proving affidavits with a notary is common practice with most attorneys at will execution ceremonies.

What if it's a holographic will?

If the will in question happens to be a holographic will (entirely handwritten), it’s better not to notarize it, as having a holographic will notarized can invalidate it in some states.

Before executing a will, it’s always a good idea to familiarize yourself with your specific state’s laws concerning the practice.

3. How To Create A Will

The following are steps to guide you to create your own will.

• Step 1: Determine which property to include in your will.
• Step 2: Who will inherit your property?
• Step 3: Choose an executor to handle the estate.
• Step 4: Choose a guardian for children.
• Step 5: Who will manage your children's property?
• Step 6: Creating the will
  • It is recommended to hire a lawyer for extra help/legal advice.
  • Handwrite or use online platforms to have an efficient will creation process.
  • Collect full names (possibly addresses as well) of children, beneficiaries, executors, and guardians.
  • Collect the names and numbers of your financial accounts.
  • Collect descriptions and locations of specific items you name.
  • Collect information about any debts you want to forgive.

  4. Can I Make A Digital or Electronic Will?

  In some states, you may create a digital or electronic will.

  However, in states like New Hampshire, and Oregon, electronic wills are not permitted. For these two states, paper-based wills will remain a requirement.

  How can I create an electronic will?

  To create a will online, you can use a word processor, an online template or an online will creation platform.

  You can use sites like:

  • Trust & Will
  • FreeWill
  • Nolo's Quicken WillMaker & Trust
  • Good Trust

  5. Notarize or eSign Online With NotaryLive

  Even though notarization isn't required, it may help to add an extra layer of validity and security to your will.

  If you don't want to notarize, you can also eSign your documents online with NotaryLive as well.

  If you choose to notarize, we recommend notarizing online with NotaryLive's online notary platform – a secure, and legally compliant service in all 50 states.

  NotaryLive works in 4 simple steps . . .

  

  Click the button below to get started,

  Notarize Now!

  FAQ For Wills

  • Do I need a lawyer or attorney to create a will?
    • No. If you have questions, however, attorneys or lawyers can provide legal advice.
    • Simple, testamentary trust, joint, and living wills.
    • Attorneys-- they are professionals in laws involving wills.

    **Legal Disclaimer - We are not lawyers or attorneys and do not give any legal advice. Please check with your attorneys, advisors, or document recipients if you have any unanswered questions about your documents.

    Relevant Blogs:

    • Do I Need To Have A Witness Present To Have a Durable POA?
    • Notarizing A Power of Attorney With Multiple Signers
    • How To Notarize An Affidavit Online

    Updated Date: 09/09/2024