Will My State Recognize My Will if I Prepare It Myself?

Whether your state will recognize a will depends on state law. Even if you are using a state-sanctioned statutory form or a form that you downloaded from a reliable source, the will must be properly executed in the state where you live in order to be recognized as valid. States vary as to the number of witnesses required, whether the will needs to be notarized, and who can contest a will and under what circumstances. Some states may allow the will to be proven via a self-proving affidavit, while others have no such requirement or even bar its use. You may research your state’s legal requirements at FindLaw, which offers a state-by-state directory of the legal requirements to execute a will. However, be aware that laws change regularly, so it’s always a wise idea to investigate your state laws at the time you are creating a will.

After you have drafted your will, ask an attorney to review it for you. (Many attorneys will do so for a nominal fee.) If you do not have it reviewed, and you have failed to include some important provision, it’s unlikely that anyone will notice the problem until after you have died and your will has gone into effect. At that point, it will be too late to remedy the problem, and the probate court judge will be left with the task of determining your intent. This could lead to a long and expensive probate, conflict among your loved ones, and possible litigation should one or more of your potential heirs decide to contest the will.

An attorney can also help you decide if further estate planning is necessary, such as the establishment of a living trust, special needs planning for people on public benefits, planning for minor children, or advanced estate tax planning. 

Sources 

“State Wills Laws”. FindLaw. https://www.findlaw.com/state/estate-planning-laws/wills.html