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How Do I Know that My Will is Legal?

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As long as you create the document while in sound mind, your will is legal as long as a few requirements are met. First of all, you must expressly state that this document is in fact your will. It must also contain the date in which you created it and your signature must be present as well. Although your will does not have to be notarized, the will must be witnessed, or signed by at least two people. These people don't have to read your will, but they must be present when you add your signature. In most states, those who witness your will cannot be people who are nominated to inherit any of your assets.

If your state is one of the few that accepts holographic wills, then it does not need to be witnessed. A holographic will is one that is handwritten. These are recognized as legal in about 25 states. In order for a holographic will to be considered valid, it must be written in your handwriting and signed with your signature. Most states require that it be dated as well. Holographic wills will undergo much scrutiny in probate court to ensure that it is in fact legitimately your handwriting and signature. Be careful when writing a will on your own - the language should be very clear so that no questions about your intent are brought up.

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