Can I Write My Own Will and Have It Notarized?

What will happen to your house, savings, and precious family heirlooms when you’re gone? Who will care for your minor children? If you haven’t spelled out the answers in a legal will, the state will make those decisions for you—and it may not align with your wishes.

Shockingly, nearly 70% of Americans lack this vital estate planning document, according to a 2022 Caring.com study. But you can take control of your legacy by writing your own will. And while you’re at it, getting it notarized can provide extra peace of mind, even though it’s not legally required in most states.

We’ll walk you through exactly how to craft a will that meets legal standards, whether you need to notarize it, and important considerations to remember when taking the DIY approach to this critical task. By the end, you’ll be empowered with the knowledge to ensure your final wishes are honored—without the hefty price tag of hiring an attorney.

Understanding the Basics of a Will

At its core, a last will and testament is a legal document that outlines your final wishes for how your property and assets should be distributed after you pass away. But a will does much more than dictate who gets your antique china or record collection.

Here are the key reasons everyone needs a will:

• Ensure your assets are distributed according to your exact wishes. Without a will, the courts will decide who gets what based on state intestacy laws—which may not align with what you would have wanted. A will puts you in control.
• Name an executor to carry out the terms of your will. This trusted person will honor your final wishes, from distributing property to paying any outstanding debts.
• Appoint a guardian for minor children. If you have children under 18, a will allows you to designate who will care for them if something happens to you. It’s a difficult scenario to consider, but having a plan in place ensures your children will be raised by the person you think is best.
• Make the probate process smoother for your loved ones. Grieving is hard enough without legal complexities. A clear, valid will can streamline the court-supervised probate process required to distribute your assets.

For a will to be legally valid, it must meet a few key requirements:

• You must be of “sound mind” when writing it, meaning you’re mentally fit to make decisions.
• The will must be signed and dated by you.
• Witnesses must sign the will, with the exact number required varying by state.

Writing Your Own Will

In 2021, 75% of estate plans were wills, 18% were trusts, and 6.% designated guardians for their young children—writing your own will is an essential step in ensuring your estate is handled according to your wishes.

Reasons to Consider the DIY Approach

Writing your own will can be appealing for a few key reasons:

• Cost savings. Hiring an estate attorney to draft a will can cost anywhere from a few hundred to a few thousand dollars. The DIY route allows you to secure your legacy without the added expense.
• Straightforward estate and wishes. If you have a relatively simple estate and your wishes for distributing assets are straightforward, writing your own will can be a viable option.

Risks and Potential Pitfalls

However, there are some important risks to consider before deciding to write your own will:

• Ensuring the will meets legal requirements. Each state has specific laws dictating what makes a will legally valid. If you don’t follow these rules to a T, your will could be challenged or thrown out in court.
• Lack of legal counsel. An experienced estate attorney can provide valuable guidance on the best ways to structure your will to protect your assets and minimize tax liabilities for your heirs.
• Potential for errors. Even a small mistake or omission in your will can have big consequences. For instance, forgetting to sign the document could invalidate the entire will.

If you have a complex financial situation or anticipate family members could contest your will, it’s wise to seek professional legal help, even if it comes at a cost.

5 steps to Writing a Valid Will

Ready to put pen to paper? Follow these steps to craft a will that will hold up in court:

1. Research your state’s requirements: Look up the specific rules for what makes a will legally valid in your state. Key things to note include:
   • The required number of witnesses (most states require two).
   • Restrictions on who can serve as a witness (some states prohibit beneficiaries from witnessing).
   • Any special formatting requirements.
2. Include the necessary clauses: For your will to be ironclad, it must contain certain key clauses:
   • A declaration that this is your last will and testament, revoking any prior wills.
   • Acknowledgment that you are of sound mind and not under duress.
   • Appointment of an executor to carry out the will.
   • Appointment of a guardian for any minor children.
3. Clearly list your assets and beneficiaries: Provide identifying details for each asset, such as account numbers or property addresses, and state who should inherit each item. Ensure the beneficiaries are designated by their full legal names to make sure everything is clear.
4. Sign and date the will: This step is critical for making the document legally binding. Sign and date the will yourself in ink, then have your witnesses provide their signatures. Some states require notarization, which we’ll cover in the next section.
5. Store the will safely: Keep the original signed document securely, such as a fireproof home safe or safe deposit box, and let your executor know where to find it. Also, give copies to your witnesses.

Writing your own will take some legwork to ensure you’ve dotted all the i’s and crossed all the t’s. But by following these steps, you can feel confident that your DIY will stand up to legal scrutiny.

The Role of Notarization

Around 1.25 billion documents are notarized annually in the U.S., showing the crucial role of notarization in verifying signature authenticity and ensuring the legal integrity of important documents. Notarization adds an extra layer of security and trust to property transactions, contracts, and the writing of wills.

Notarization Requirements by State

Many people assume you need to get your will notarized for it to be legally valid—but that’s not the case in most of the country. In fact, Louisiana is currently the only state that requires all wills to be notarized.

However, some states allow you to make your will “self-proving” by adding a notarized affidavit. This optional step can provide major benefits down the line.

Is a Notarized Will Legally Binding?

A notarized will is generally considered legally binding, but the specifics can vary depending on your jurisdiction. Notarization adds a layer of verification by confirming the testator’s and witnesses’ identity, which can help prevent disputes over the will’s authenticity. However, the primary requirements for a will to be legally binding—such as being signed by the testator and witnessed according to state laws—are typically sufficient on their own. 

Notarization is not always required but can provide added assurance and facilitate the probate process. It’s important to check your state’s specific regulations regarding notarization.

Benefits of Notarizing a Will

While notarization isn’t mandatory in 49 states, here’s why you might want to take this extra step:

• Presumption of validity in court: If your will is notarized, the court will presume it’s legally valid, placing the burden of proof on anyone who tries to challenge it. Without notarization, the will’s validity must be proven through witness testimony or other evidence.
• Smoother probate process: Having a notarized will “self-proving” can streamline probate because the court doesn’t have to track down witnesses to validate the document. This can save your loved ones time, money, and stress.
• Fraud prevention: The notarization process verifies your identity and confirms you signed the document willingly. This extra layer of authentication makes it harder for someone to claim the will is fraudulent.

How to Get a Will Notarized

Notarizing your will is a simple process:

• Find a notary public: You can also find a local notary through the National Notary Association directory or hire a mobile notary to come to you. Some states even allow remote online notarization. Most notary services are commonly available at:
  • Banks
  • Law offices 
  • Real estate agencies
  • UPS or FedEx stores
  • Public libraries

• Bring your completed will and photo ID: Make sure you have a valid government-issued photo ID, like a driver’s license or passport, to verify your identity to the notary. If your state requires witnesses for a self-proving affidavit, they’ll need to come with you and bring ID.
• Sign the will in front of the notary: The notary must witness you signing the document. If you bring a will already signed, you’ll likely need to sign it again in their presence. 
• Let the notary verify your identity and sign: The notary will check your ID and watch you sign the document. Then, they will sign and stamp the will with their official seal.
• Attach the notarized self-proving affidavit: If your state allows it, adding this sworn statement from you and the witnesses about the will’s validity makes the document self-proving.

The notarization process is quick and inexpensive. Having that extra level of authentication is well worth the short time and money investment to give your will an added layer of protection.

Important Considerations for Your DIY Will

Creating a DIY will be a practical solution for many—however, there are important considerations to remember to ensure your will is legally sound and reflects your wishes.

Holographic Wills: A Risky Alternative

In about half the states, “holographic wills” are considered legally valid. These wills are handwritten and signed by the testator without witnesses or notarization.

While a holographic will may seem quicker and easier, it comes with serious risks. These documents often need help in court due to the lack of witnesses and potential authenticity questions. Experts generally advise against relying on a holographic will except in true emergencies.

When DIY Isn’t the Way

Writing your own will can work well for simple estates, but it’s not advisable if you have a complex financial or family situation. You’ll likely need professional legal guidance if:

• You have substantial or complicated assets, like a business or multiple real estate properties.
• You’ve had multiple marriages or have children from different relationships.
• You’re concerned about heirs disputing the will or trying to claim a larger share of assets.
• You want to include detailed conditions on inheritances, such as requiring a child to reach a certain age or milestone.
• You have significant tax considerations related to your estate.

In these cases, an experienced estate attorney can ensure that your will is structured to minimize potential challenges and reduce tax liabilities for your beneficiaries.

Keeping Your Will Up to Date

Your will is more than just a one-and-done document. As your life circumstances change, your will should evolve along with them. According to Cambridge Trust, 52% of people need to learn where their parents store their estate planning documents. Clear communication with family members about where your documents are kept and updated is essential.

Plan to review and update your will after major life events like:

• Getting married or divorced.  
• Having a child or grandchild.
• Acquiring or selling significant assets.
• The death of a beneficiary.
• Moving to a new state (estate laws vary across the country).

It’s a good idea to revisit your will every few years to ensure it reflects your current wishes and complies with any changes to your state’s laws.

Crafting a Will You Can Count On

Writing your own will is an empowering way to take control of your legacy—but it’s not a task to be taken lightly. You’re not alone if you haven’t created any estate planning documents. 60% of people report not making any effort to start. However, following the steps outlined in this guide, you can feel confident crafting a will that communicates your final wishes and holds up in court.

It’s important to remember that each state has specific requirements for a will to be legally valid, so ensure your document complies with local laws. While notarization isn’t required in most states, having your will notarized for added legal protection is a good idea. DIY wills are suitable for simple estates, but seeking professional legal advice is wise if your situation is more complex. 

Life changes, and your will should, too—review and update it regularly to reflect major life events or legal changes in your state.

Having a rock-solid will in place gives your loved ones a final gift—the peace of mind of knowing your legacy will be carried out exactly as you envision. So take a deep breath, grab your favorite pen, and get ready to craft a will that will stand the test of time.