Can I Write My Own Will and Have It Notarized?

We won’t make you go searching for the answer: Yes! You can write your own will.

Your will is one of a few other estate planning documents you should have to make settling your estate after your death more efficient for your family. While you can write your own will, it’s important to understand a couple of legal ins and outs and specifications about writing your will. A will is a legally binding document about what you want to happen to your possessions and property after death and should be part of your estate planning process. As such, it must fulfill some specific legal requirements to be valid.

If your will doesn’t meet these legal specifications, it will not be considered a legally valid will. An estate with an invalid will must go through the probate process, which can be a long and arduous process for grieving family members.

As for notarization, you can get your will notarized if you want to. Notarization is only a requirement in the state of Louisiana. In any other state, getting your will notarized is not necessary.

So yes, you can write your own will. It’s important to be careful and intentional while you write your will, making sure to cover all of the necessary legal bases. 

What you need to know about writing your own will

If you’re considering writing your will, you’ll want to pay careful attention to the legal requirements to ensure its validity. While this allows you to skip hiring a lawyer and saving money, it does require special attention to detail.

Basic requirements for writing a will

For your will to be valid and legally enforceable, it must contain some specific statements and elements. Without the necessary elements, your will won’t be valid and your property will go through the probate process. This can be stressful and confusing for your family and cause delays in the distribution of inheritance. 

To be legally valid, your will must contain a few components. These include:

• A title stating it's your “Last Will and Testament:” This title clearly denotes that this is your will and that you’ve created no other wills. This helps whoever is settling your estate to know that the document is the most recent and is the one you want to use. 
• Your full legal name and address: This information allows your family to know whose estate is being settled and to identify you.
• Sound mind and not under duress: This phrase makes it clear that you have the mental capacity to determine what you want to happen to your estate after your passing. It also states that you were not being pressured by anyone in how to distribute your property. Wills cannot be made by people who are being coerced, encouraged, or threatened.
• Full, legal name of the executor: The executor of your estate is the person in charge of taking action on your will and distributing your property as assigned after your passing. It’s important to name an executor so that it’s clear who you want to handle your estate.
• Full, legal name of guardian: If you have dependent children, your will should include the name of the person who would take care of your children in the event of your death.
• List of beneficiaries: Your beneficiaries would be anyone who inherits your property or assets. You’ll need the full, legal name for any beneficiaries included in your will.
• Designation of assets: This is a list of all your assets and property and who it will go to upon your death. Be sure to include descriptions so there’s no confusion as to your intentions.
• Valid signature in front of witnesses: To seal the validity of this legal document, it must have your signature and be dated. Most states require you to sign in front of two witnesses. Some states may require your witnesses to be unrelated to you. State laws vary, so be sure to check the laws in the state where you live.
• Witness signatures: Once you’ve signed in front of witnesses, you’ll have at least two witnesses sign and date the document. These witnesses may be called to testify to your mental capacity and the validity of your signature if your will is disputed in court. 

Validity and notarization of legal documents

To be legally binding, your will must contain all of the elements mentioned in the section above. One of the easiest ways to provide a layer of authenticity to your will is to have it notarized. This is only a suggestion in all states except Louisiana, where notarization is required. 

While notarization is only required in Louisiana, getting your will notarized can provide you with a layer of legal protection and authenticity, and help avoid legal challenges. When your will is notarized, this is called a self-proving affidavit.

If you want to get your will notarized, the process is quite simple:

1. Find a local notary and make an appointment. You can search for a local notary on the National Notary Association or visit your local bank. The UPS Store also provides notary services.
2. Bring your will and two witnesses. You’ll need to bring your completed will and two witnesses to your notary appointment. 
3. Sign your will and receive notarization. The notary will watch you and your two witnesses sign your will. They may ask a few questions and then will place their signature and notary documentation on the will.
4. Pay for notarization: Some notaries charge a small fee, between $5 and $15 per document, for their services. 

Having your will signed by witnesses and notarized can make your will more easily enforceable. While notarization is only required in Louisiana, the notarization adds what’s called a self-proving affidavit to your will and estate plan. This essentially eliminates any doubt whether your signature and witness signatures are valid. There are people who can testify that you signed the will with sound mind and not under duress or coercion if your will is contested, which can speed up or eliminate the probate process.

In short, notarization is not required to make your will legal, unless you live in Louisiana. In all other states, notarization is only a formality that can increase the validity of your will. It’s a nice-to-have but not a requirement.

How to notarize a will

To get your will notarized, you simply need to make an appointment with a notary public.

You can find local notaries in a few different ways:

• Search the National Notary Association register
• Search your state’s Secretary of State website for a list of local notaries
• Call your local bank or post office to ask if they have a notary on-site
• Ask your family and friends if they know a local notary

If you’re not able to go to a notary, you can consider working with a mobile notary or get digital notarization. Mobile notaries come to you wherever you are and perform the notarization service. Digital notaries are online and can provide digital notarization. It’s important to check your state laws before working with digital notarization as it’s not yet recognized in all states as legally valid.

Once you’ve found a local notary, you’ll simply need to make an appointment. Bring your will and two witnesses to the appointment and sign your will in front of the notary public who will then notarize your signature and those of your witnesses.

Some notaries do charge a small fee for their services. The fee ranges between $5 and $15 per document.

Potential pitfalls of writing your own will

Your will is a legal document. As such, it must meet certain legal requirements in order to be considered a legally valid will and enforceable. If the document is contested and doesn’t meet these requirements, your estate will go through the probate process as if you had no will. This can be a long, arduous process.

The potential pitfalls of writing your own will include:

• Failing to cover all necessary legal bases and having your will be invalid
• Using unclear language that creates disputes between heirs
• Not listing all of your assets, which could cause confusion

If your estate is especially large, complicated, or valuable, it might be in your best interest to hire an estate planning attorney to help you write your will. And, if you’re at all concerned about being able to write your own will, you can hire an experienced estate planning attorney to help write or review your will and ensure its validity.

Write your own will today

If you’re ready to get started, a little research and patience can have you writing your will in no time. You’ll want to be sure to look into your individual state’s legal requirements and ensure you’ve included all of the necessary elements to make your estate planning documents legally enforceable. A little research on how to write a will should be all you need to get started. 

If you start and find the process daunting or overwhelming, you can seek the help of an estate lawyer or your local attorney. 

Regularly update and review your will

If you do write your own will, it’s important to remember this process isn’t one and done. You’ll want to regularly review and update your will to make sure it covers any new assets or life changes. Regularly updating your legal documents ensures that they will reflect your current wishes and apply to the latest laws, giving you peace of mind.

FAQs

Do you need a lawyer to make a legally valid will?

No, you don’t need a lawyer to make a will. You can write your own will. If you do write your own will, it’s important to ensure you include all of the elements necessary for it to be legally enforceable. If that feels overwhelming, it may be helpful to hire an estate planning attorney to help.

What is a self-proving affidavit?

A self-proving affidavit is a notarized document that is included as part of your will. This document shows that you and your witnesses signed your will in front of a notary. A self-proving affidavit can lend itself to proving that your will was signed by you willingly and of sound mind. 

Can I write my will by hand?

In some states, a handwritten will is valid. You’ll likely still want to take steps to have your handwritten will signed by witnesses and potentially notarized to increase its validity.

If your will is considered invalid, your estate will be required to go through probate court, which can be a long, stressful process for your family.

What happens if my will isn’t legally valid?

If your will is contested and considered invalid, your estate will go through probate. The probate court will decide how your assets and property are distributed to heirs based on state law. 

Where can I get my will notarized?

You can get your will notarized by any registered notary public. You can find a notary by:

• Searching online at the National Notary Association
• Calling your local bank, lawyer’s office, real estate office, library, or post office
• Asking your friends and family

Some notaries offer mobile services and can come to you. 

How much does it cost to get something notarized?

Notary services vary in cost. Some notaries don’t charge, but typically, you can expect to pay between $5 and $15 per document that you need notarized. If you use a mobile notary, who travels to you, you may pay a slightly higher fee.