How to File a Last Will and Testament

Although no one enjoys thinking about their eventual passing on, it’s important to create a last will and testament. This document ensures that your assets, property, investments and possessions will be bequeathed to the loved ones you select. If you don’t leave behind a will, everything you worked for could potentially fall into the wrong hands after you die. 

1. Create your will. Contrary to popular belief, a will doesn’t have to follow a certain format or incorporate proper verbiage. It does need to be clear and state who your benefactors are, and what they are going to receive upon your death. You do need to have witnesses present when you write your will, and the required number is dictated by your state. For a will to be valid, your witnesses cannot be benefactors or individuals with a vested interest in the document.


2. Sign the document. Also have your witnesses sign the document. For a will to be valid, it has to be signed. By signing your will, your witnesses are confirming that you are competent enough to write it, and that you aren’t being coerced. If either of these factors applies to you, then the will isn’t legally valid.


3. Bring your will to a public notary and have it notarized. Although this step isn’t legally required for a will to be valid, it can assist your witnesses in proving the legitimacy of the document when you eventually pass on.


4. Consider hiring an attorney to draft your will, an executor to see that your wishes are followed, and a financial advisor to help you understand the financial implications. These individuals don’t have to be involved in the process for your will to be legally valid, but you might need to hire them if you’re uncertain about the process, or have a considerable estate, and are have any concern that your wishes may not be followed.


5. File your will with your local house, and also give copies to each of your witnesses, and to any other individuals who you wish to have a copy. Although filing with the courthouse isn’t necessary to make your will a legal document in any state, or even possible in every state, it may make you more comfortable, because it won’t be tampered with and is accessible to the courts in the event that people try to contest it after your death.