Perish the thought in advance, Seriously! We don’t even want to imagine this situation.
Yet, Death is a god’s truth! It is not something you, us, or anyone can deny or put a hammer away to stop. We have to accept it!
We don’t want to sound so Dismal!
But it is what it is! Take it or leave it. Therefore, it is a realistic and more intelligent approach to prepare in advance for a situation like this.
Being a family’s guardian angel, you will do your best to ensure that your family has enough funds and assets to live a comfortable life in your absence.
Excellent Plan! Trust us; you are along the right lines!
Despite all this, have you ever thought of writing a trust or a will?
If you do not declare the rightful heir through a legal document, then your property will be of no use to your loved ones (as considered authentic in the eyes of the law)!
So, here is the question;” What should I Do?” ” What do I need to sign my will?” or “Does a will need to be notarized?”
Well, o well, we are here to answer your questions and leave you with complete information at the end of this blog.
So, Let’s Dive in!
To Start with, plan a Will ceremony.
No, you won’t need to host an event where you invite people and make a big announcement about your rightful heir.
Try to understand the intention behind this. The ceremony is not mandatory; however, it’s better if all the people you think need to be aware of your decision to avoid future conflicts and confusion are present.
Make sure that you are well mindful and have decided who will handle your assets after you. After that, list out all the essential information in the proper and most detailed way possible on a paper. To be more precise, read, reread and go through the document twice and thrice.
See, now a will can be a holographic one or a printed one. Confused; about what is a holographic will?
A holographic Will is a more kind of Old school approach, where the testator writes the Will with their own hands on a piece of paper and pen. In the Will, the testator mentions all the details regarding their property and whom they find fit to be its owner after the testator’s death. Here the Testator word demonstrates the person who signs the Will. Now, holographic wills are legal in very few states. Even the National Notary Association finds it as a waste. Hence, most states demand well printed and typed Will, which also requires the approval and signature of two or more witnesses.
Witnesses, What’s the use, and where to find one?
A witness is a person who will watch and verify you while you are signing the Will. Some state law demands two witnesses, and some may ask for more. You should confirm what the requirements of your state regarding witness criteria are.
If you are looking for witnesses, then let us tell you not everyone can be your witness. There are some requirements for a witness, which are listed as;
- Firstly, the witness needs to be at least 18 years old. The person below eighteen is never regarded as a suitable person to witness a will.
- Secondly, the witness needs to be an unbiased and disinterested person regarding the intention of Will.
- Thirdly, if the person knows you, then it’s best, as the witness needs to confirm that the testator (that, in this case, is you) is in sound mind and testamentary capability for making the decisions of the Will willingly. Only a person who knows you can examine well whether you are in the right mental state to decide about your Will.
- Lastly, confirm with your witness if they are ready to appear in court if; the authenticity of Will is challenged or needs to be established in the future.
In case you are unable to find your own witnesses. You can sign the Will in a lawyer’s office, and they can arrange witnesses for you too.
It’s natural to have a question like, Is it enough?
Or, Does a will have to be notarized?
If yes, Who can notarized a will?
Well, like every other document, Notarization needs a Notary Public.
However, it is not necessary for all the states.
Most of the states consider a signing to be authentic if done in the presence of witnesses. However, some states ask to add one more layers of protection to level up the genuineness of the document. For that very reason, states ask to attach a “self-approving affidavit” attested by a notary public along with your Will document.
Here, a self-approving affidavit is a document in which the notary public makes sure that the individuals acting as a witness in Will Signing are 18+, residents of the testator’s state, aware of the intention of the Will, and acting as a witness of the Will with their wish. Once the witness swears for all these, the notary notarizes the Will.
Necessary or not, Notarizing “Will” is always a more intelligent choice. As in the future, witnesses won’t need to appear in court during the probate as a notarized Will has already confirmed the authenticity of the “Will”. Therefore, Notarization is essential because it;
- Saves Time,
- Saves Money,
- Adds a protective layer,
- Eliminates the unnecessary hassles in the future.
When you attach a self-proving affidavit with a will, your Will becomes a self-proving will.
Now, if you are thinking;