The Impact of State Probate Rules on Self-Created Wills

February 4, 2022

Creating a will online or using a basic template might seem like the easiest route. After all, this is a task many people put off to begin with, and finding a simple template that makes it go much more quickly is very enticing. However, simply filling out an online form is not enough to create a valid will. 

This is because every state across the country has their own rules for determining whether or not a will is validly executed. In order to decrease the possibility of someone being forced to or encouraged to sign a will against their direct wishes, these rules help to make sure that a person understands what they are signing, is cognizant of the impacts of the entire process, and is making this decision on their own through valid execution. 

In many cases, these rules require that the will be in writing, that it is signed, and it is witnessed by others. Simply printing out a form online, therefore, does not give you the protection that you are looking for. 

It can be a good starting place as you begin to contemplate questions that you might have about creating your own estate plan or things you’d like to include in your own will, but it will not cover all of the specific needs that you have. Make sure that you consult with an experienced estate planning lawyer about the questions and concerns that you have for your next steps.


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