What Makes a Will Valid?
When preparing a will, most states require the following elements:
- The testator is at least 18 years old and of sound mind;
- The inclusion of a statement that the document is the testator’s will;
- The will is typed or computer-printed, except in the case of a handwritten will;
- The will must have at least one provision that disposes of property or a provision that appoints a guardian for minor children;
- The appointment of an executor; and
- The testator and at least two witnesses signed the will.
The testator should adhere to the following guidelines when signing a will and selecting witnesses:
- The testator must sign and date the end of a typed or computer-printed will in ink;
- The signature should match the name that appears in the will;
- The witnesses must see the testator sign the will;
- The witnesses must also sign the will;
- The witnesses should be at least 18 years old; and
- The witnesses must not be beneficiaries in the will.
It is unnecessary to have a will notarized; however, doing so may simplify probate proceedings.
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