How to Sign and Complete Your TotalLegal Will

Creating your Last Will and Testament is only the first step. Your Will must also be properly signed, or executed, according to the requirements of your state.

TotalLegal provides state-specific signing guidelines with your Will. Because Will signing requirements vary by state, always follow the instructions included with your TotalLegal documents. This guide explains the purpose of the most common signing requirements and what to expect when completing your Will.

Before You Sign Your Will

Review your Will carefully before signing it. Make sure names, gifts, beneficiaries, guardians, Personal Representatives, Trustees and other important choices accurately reflect your wishes.

When you are ready to sign, print the complete Will and review the state-specific signing guidelines included with your documents. Do not sign the Will in advance of your witnesses unless your instructions specifically permit you to do so.

Why Are Witnesses Required?

Witnesses help establish that you signed the document as your Will. After your death, witnesses may also be needed to confirm that the Will was properly executed.

Your TotalLegal signing guidelines tell you how many witnesses are required and how the signing should take place. They also explain any requirements concerning who may serve as a witness.

When possible, it is generally best to use disinterested witnesses. A disinterested witness is someone who does not receive property under your Will and does not have another personal interest in its provisions. Your state-specific instructions provide additional information about selecting appropriate witnesses.

Your witnesses do not need to read your Will. Their role is to witness its execution, not to review or approve your estate plan.

The Will Signing Ceremony

Your state-specific TotalLegal guidelines provide the steps for your Will signing ceremony. Depending on your state, the instructions may require you and your witnesses to be together when the Will is signed and may specify the order in which signatures and other information should be completed.

Follow those instructions carefully. Do not assume that the procedure used to sign another type of legal document is sufficient for signing a Will.

Some TotalLegal Wills also contain spaces to initial and date individual pages. If your signing instructions tell you to complete those spaces, do so as part of the signing ceremony.

Does My Will Need to Be Notarized?

Witnessing and notarization are not the same thing. If your state requires witnesses to execute your Will, having the document notarized does not replace the required witnesses.

Your TotalLegal signing guidelines will tell you whether notarization is required for any document included with your Will.

In some states, the Will itself does not need to be notarized, but your download may include a separate Self-Proving Affidavit that is signed before a notary. This is one reason it is important to distinguish between signing your Will and completing the additional documents that may accompany it.

What Is a Self-Proving Affidavit?

A Self-Proving Affidavit is a document used in many states to help establish that a Will was properly executed. Its purpose is generally to make it easier to admit the Will to probate without requiring the Will's witnesses to later appear and testify about its execution.

If a Self-Proving Affidavit is included with your TotalLegal Will, your signing guidelines will explain how to complete it. Depending on your state, you and your witnesses may need to sign the affidavit in the presence of a notary.

A Self-Proving Affidavit is separate from the Will. Do not assume that notarizing the affidavit replaces the witness signatures required to execute the Will itself.

What Is a Separate Writing for Specific Gifts?

Depending on your state and the choices you made when creating your Will, your TotalLegal download may include a Separate Writing for specific gifts. This document may also be referred to as a property list.

When provided, the Separate Writing allows certain specific items of property to be identified separately from the Will itself. This can make it possible to change the property list without creating and executing an entirely new Will, when permitted by applicable law.

The Separate Writing is not necessarily signed in the same manner as the Will. If one is included with your documents, follow the instructions provided with it and keep the completed writing with your Will.

What Should I Do With My Will After Signing It?

Keep the original signed Will in a safe place where it will be protected from loss, damage or accidental destruction. At least one trusted person, such as the person you named as your Personal Representative, should know where the original can be found.

You may make copies of your signed Will for your records or for selected people, but the original signed document should be preserved.

Some states allow a Will to be deposited with a court, clerk, recorder or other designated office for safekeeping during your lifetime. This is different from filing the Will for probate. Follow the instructions provided with your TotalLegal Will for any state-specific requirements or options concerning safekeeping of the completed document.

If you completed a Self-Proving Affidavit or a Separate Writing that your instructions tell you to keep with the Will, keep those documents with the original Will as well.

For more information about what to do after your Will has been signed, see After Signing Your Will.

Do Not Change a Signed Will by Hand

If you later want to change the terms of your Will, do not simply write changes on the signed document, cross out provisions, substitute pages or add new pages to the executed Will.

Changes to a Will must be made using a legally appropriate method. Depending on the changes you want to make, this may involve properly executing a new Will.

When Should I Review My Will?

It is a good idea to review your Will periodically and whenever there is a significant change in your family, property or circumstances. Marriage, divorce, the birth or adoption of a child, the death of a beneficiary or fiduciary, significant financial changes or a move to another state may be reasons to review your Will.

If you create a new Will, make sure the new document is properly executed according to the signing requirements that apply at that time.