How do I know that after my death, the probate court will enforce my will?

That's a good question to ask, because states enforce strict rules about how wills must be prepared and signed in order to be valid. Generally, a will is legally valid and enforceable if:

• The document was signed by an adult who had "testamentary capacity" when the will was signed--in other words, the will-maker knew what he or she owned and who his or her family members were, and
• Two adult witnesses watched the will-maker sign, knew that the document was a will, and signed it themselves.

Each state has its own rules, some of which vary from this standard. For example, in some states the witnesses must be people who don't inherit under the will. And some states allow “holographic” wills, which aren't witnessed but are written and signed in the will-maker's handwriting.

More Information:

• Is the Will Valid?
• Witnesses to a Will