Write A Will

Any mentally competent person over the age of 18 can write a will. It is possible to create one completely from scratch. However, it is much safer and easier to use an existing template. This ensures that all the technical details are correct and the final instructions for distributing property aren't ambiguous in any way. Each state has different procedures for probate, so it is important to select a template that is state specific. The instructions for completing the will should be followed carefully and the final signed and witnessed document kept in a secure location.

Waiting until the last minute to write a will can raise a number of problems. For example, if an individual is suffering from some degree of senility the validity of the will may later be called into question. Although a hastily drafted handwritten will may be accepted by the probate court in some states, it probably won't cover all aspects of handling the estate. This can mean that family members or a court appointed administrator may be left to make decisions that should have been outlined in the will.

Fast Facts

  • An attorney who is hired to write a will usually starts with a template similar to those available for purchase online and simply fills in the information as needed.
  • If a person is unable to write, a thumbprint mark may be accepted in lieu of a signature.

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