Although the requirements vary from state-to-state, there are certain requirements required to draft a valid simple Will. Most people know that they should have a Will of some kind. However, most people don’t understand the basis behind why you should have a Will or what is required to make one. Talking to a estate planning law firm would be a good start for anybody trying to understand the Will drafting process.
In brief, to make a Will, the minimum is typically required in every state:
a will must be:
(1) in writing;
(2) signed by the testator or in the testator’s name by some other individual in the testator’s conscious presence and by the testator’s direction or signed by the testator’s conservator pursuant to a court order; and
(3) signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing of the will as described in clause (2) or the testator’s acknowledgment of that signature or acknowledgment of the will.
These are the basic requirements; however, every state has different requirements and laws which apply. Trying to draft your own will without talking to a lawyer is never recommended. There are books and websites which may give you the proper forms, but it is important to understand a least a little bit about the law if you are going to draft your own Will. Talking with a lawyer at an estate planning law firm is a great place to start when drafting a simple Will or conducting even minor estate or retirement planning.
