IfI write a paper and call it a Will, is it a valid will or doI need an attorney to write one?
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IfI write a paper and call it a Will, is it a valid will or doI need an attorney to write one?
How does this work?
Asked on October 27, 2011 under Estate Planning, Indiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
A holographic Will (i.e. that is a handwritten unwitnessed Will) is not legally recognized in your state.
However, that having been said, any adult of sound mind can make their own Will. It must be signed by at least 2 witnesses who must watch the testator (i.e. the person who is making it) date and sign the Will. Typically, witnesses must be people who won't inherit anything under it. The Will need not be notarized, however, if the testaor and the witnesses sign an affidavit (a sworn statement) before a notary public, it can help simplify the court procedures required to prove the validity of the Will when it is entered into probate (e.g. the witnesses need not be tracked down). Accordingly, a lawyer does not have to write a Will. The fact is that most people do not need one to make a basic Will. If they want they can create their own Will using a software program or the like.
Note: You do not have to record or file your Will with the probate court but some people do for safekeeping in the states that allow this to be done; there is a nominal fee. Basically, just keep your Will in a safe place and be sure your executor (i.e. the person is charge of settling the estate) knows where it is.
If you have further questions or your estate is not a simple one, it may well be worth your while to consult directly with a probate or estate planning attorney.
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