WHAT ARE THE ACTUAL REQUIREMENTS FOR A WILL TO BE VALID?
Q: What are the actual requirements for a will to be valid?
A: While each state may impose additional or alternate requirements, in general, a valid will must be hand-written or printed and signed by the person who has created it. This person is the “testator” and a will is usually witnessed by two (or more) persons who must normally be “disinterested” parties – meaning they are not named as beneficiaries in the will. Witnesses must also be of “sound mind” (mentally competent).
The required number of witnesses may differ by state. The testator needs to have reached the age of “majority” (18 in most states) and also be of “sound mind” (mentally competent) when the will is executed. A married person who has not yet reached the age of majority is usually adjudged legally capable of executing a will.
Normally, it is not a technical requirement for a will to be notarized, but it certainly is helpful to add strength to the will. Fully “holographic” (totally handwritten) wills are still recognized as valid in many states without being witnessed. Such a will must be in the normal and provable handwriting of and signed by the testator. As always, state law might impose other conditions on a holographic will.
Have you inherited a property for which you are needing to sell, or at least get an appraisal? Learn the secrets to getting top dollar for your inherited property in the Houston area by ordering our free report to learn your options. Or contact us to set an appointment today. Our very own Caroline Allison, Harris County's and Fort Bend County’s top probate agent, will contact you to discuss your options.
A: While each state may impose additional or alternate requirements, in general, a valid will must be hand-written or printed and signed by the person who has created it. This person is the “testator” and a will is usually witnessed by two (or more) persons who must normally be “disinterested” parties – meaning they are not named as beneficiaries in the will. Witnesses must also be of “sound mind” (mentally competent).
The required number of witnesses may differ by state. The testator needs to have reached the age of “majority” (18 in most states) and also be of “sound mind” (mentally competent) when the will is executed. A married person who has not yet reached the age of majority is usually adjudged legally capable of executing a will.
Normally, it is not a technical requirement for a will to be notarized, but it certainly is helpful to add strength to the will. Fully “holographic” (totally handwritten) wills are still recognized as valid in many states without being witnessed. Such a will must be in the normal and provable handwriting of and signed by the testator. As always, state law might impose other conditions on a holographic will.
Have you inherited a property for which you are needing to sell, or at least get an appraisal? Learn the secrets to getting top dollar for your inherited property in the Houston area by ordering our free report to learn your options. Or contact us to set an appointment today. Our very own Caroline Allison, Harris County's and Fort Bend County’s top probate agent, will contact you to discuss your options.
