The witnesses should sign and date the will after you. However, a notary can help you make your will “self-proving.” With a self-proving will, the probate court (through which all wills must be filed) won’t have to take the time to contact the witnesses and verify their identities, which can speed up the probate process for your heirs. Your witnesses do not have to have read or otherwise be aware of the contents of the will at all, so your confidentiality can be maintained.Ī frequent misconception is that you need to have your will notarized, but notary service is not legally required for a will to be valid. The ideal witnesses have no interest in your estate and are not related to you, as this prevents conflict-of-interest disputes later. For instance, when you choose your witnesses, it’s strongly recommended that you do not use a beneficiary as a witness, especially if you think your will could be contested. Most people know that you must sign and date your will in front of two witnesses, but there are some conditions to consider. A written will (preferably typed) is best in almost every circumstance. Real estate may not be transferred by a nuncupative will at all, and nuncupative wills are able to be challenged by a surviving widow or heir. Even with this proof, the spoken will is restricted to personal property not to exceed $1,000. ![]() A spoken will (formally called a nuncupative will) generally won’t be accepted unless specific criteria are met, including two witnesses who can provide proof that they heard the testator’s statements. If not, severe restrictions are imposed on the ability to gift assets to others. To be fully considered by the court, your will must be either typed or in handwriting.
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