May 1, 2020
State laws set out the specific requirements for executing a last will and testament. These laws are very similar and don’t vary too widely from state to state. A best practice approach to executing a will would include the following steps:
There are also some additional rules.
Firstly, your witnesses must be at least 18 years of age and should not be your spouse or a beneficiary under your will (or a spouse of such beneficiary), as this could nullify any gifts you make to them under your will.
Secondly, if you are making a will in Louisiana, you must have it notarized. While there’s no legal obligation to have your will notarized in any other state, it’s actually good practice. By signing a self-proving affidavit in the presence of a notary and attaching it to your will, it can help avoid any problems that might arise in the future when admitting your will to probate. These problems tend to relate to challenges to the authenticity of the will or compliance with the legal requirements necessary to make it valid. So, certainly, if you think there is a risk your will could be challenged in the future, then you should visit your notary and sign a self-proving affidavit.
How Can EstateBee Help You?
For more information on wills, check out some of our other articles on wills in our Learning Center.
If you would like to make a last will and testament, check out our Online Will Writing Software. It’s free to try and you can make a will in as little as 10 minutes. It’s also one of the leading estate planning softwares on the market.
On the other hand, if prefer a more in-depth understanding of wills and to learn how to make your own, check out our book How to Make a Last Will & Testament. “Make Your Own Last Will and Testament” includes a plain English review of the matters you need to consider when making a will, and includes all of the instructions and template forms necessary to make your own will. It will show you how to leave money and property to your loved ones, avoid intestacy, appoint guardians for your children, save on legal fees and probate, much more.
If you have any questions about our products or services, please contact our customer service team who would be delighted to assist you.
Related reading: Will Signing: Witnesses, Notaries and Self-Proving; Making a Valid Will: Preparation and Signing Basics; After Downloading Estate Planning Documents.
Prefer guided questions? Prepare a personalised last will with our online document generator.
Once your will has been properly executed, place it in a safe place that is accessible to your executors after your death. Make sure a close friend, relative or your executor knows where to find your will and how to get access to it when the time comes. If you had a lawyer prepare your will, it would be useful to have him or her retain the original in their strong room or safe, or even retain a copy with a note stating where the original can be found.
From Legal Will Kit, 2026 Fourth Edition — Storage of Your Will.
Prefer a downloadable guide? Work at your own pace with nine will templates, a planning worksheet, and completion and signing instructions. Use the guide to organise gifts, beneficiaries, executors and guardian choices.
U.S. guidance; not intended for Louisiana. Complex circumstances may need individual legal advice.