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A standard will is usually called a “last will and testament.” The will specifies how the person’s assets will be distributed and who will be in charge of the distribution. The standard will is suited for individuals and couples with total assets (including life insurance and retirement plans) of less than the exclusion threshold for the federal estate tax, which is currently $11,580,000 for a single person and $23,160,000 for a married couple.

We offer much more than just standard wills. For most of us, life is anything but standard. We offer wills for the most common everyday situations. The most popular will is for persons who are remarried and have children from one or both marriage(s).


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Commonly Asked Questions Concerning Wills

What is a Pour Over will?

  • A pour over will is not very common. It is used in conjunction with a trust that was previously established by the same person. Upon the death of the individual, all assets and other property are “poured over” into the trust.

Does a will need to be notarized?

  • In most cases no. As of this writing, almost all states consider a will to be valid without notarization. However, almost all states require a will to be witnessed by two persons not named as a beneficiary in the will and not related to the person signing the will. See our section below for the complete list of will signing requirements by state.

How do I change my will?

  • A will can’t really be changed but it can be modified by executing a Codicil To Will. The codicil allows you to delete sections from your previous will and also allows you to add new sections or conditions.

What happens if I don’t list all of my children in the will?

  • All heck will break loose the second you die. Nothing brings out the nasties faster than a child finding out he or she was passed over in favor of other siblings. You should mention every child by name in the will, even if you have no intention of leaving that person any of your estate. One common phrase used in wills is “I leave you all of my love but no material possessions.”

What is a self-proving will?

  • Most states consider a will to be “self-proving” if it was signed by the grantor as well as two witnesses. The witnesses must sign the will under penalty of perjury that they watched the person sign the will.
  • Some states do not allow for self-proving wills. In the District of Columbia, Vermont, Maryland, and Ohio, the option to consider a will self-proving is not available. In California, Indiana, and New Hampshire, it’s not necessary to have a separate affidavit for witnesses to sign. The will itself usually includes a statement that under penalty of perjury, the witnesses state that to the best of their knowledge, the grantor was of legal age, not under undue influence, and mentally competent to sign the will.

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Will Signing Requirements By State

State# of Witnesses RequiredState Code or Statute
Alabamatwo witnessesTitle 43, Chapter 8
Alaskatwo witnessesTitle 13, Chapter 12
Arizonatwo witnessesTitle 14
Arkansastwo witnessesTitle 28
Californiatwo witnessesSections 6100 to 6139
Coloradotwo witnesses or notaryTitle 15
Connecticuttwo witnessesChapter 802a
Delawaretwo witnessesTitle 12
Floridatwo witnessesChapter 732
Georgiatwo witnessesTitle 53
Hawaiitwo witnessesChapter 560
Idahotwo witnessesTitle 15
Illinoistwo witnesses 755 ILCS 5
Indianatwo witnessesTitle 29
Iowatwo witnessesChapter 633
Kansastwo witnessesChapter 59
Kentuckytwo witnessesChapter 394
Louisianatwo witnesses and notaryCC 1570
Mainetwo witnessesTitle 18-A, Article 2
Marylandtwo witnesses Title 4
Massachusettstwo witnessesChapter 190B
Michigantwo witnessesAct 386 of 1998
Minnesotatwo witnessesChapter 524
Mississippitwo witnessesTitle 91, Chapter 5
Missouritwo witnessesChapter 474
Montanatwo witnessesTitle 72
Nebraskatwo witnessesChapter 30
Nevadatwo witnessesTitle 12
New Hampshiretwo witnessesChapter 551
New Jerseytwo witnessesTitle 3B
New Mexicotwo witnessesChapter 45
New Yorktwo witnessesEstates, Powers & Trusts
North Carolinatwo witnessesChapter 31
North Dakotatwo witnessesChapter 31
Ohiotwo witnessesChapter 2107
Oklahomatwo witnessesTitle 84
Oregontwo witnessesChapter 112
Pennsylvaniatwo witnessesTitle 20
Rhode Islandtwo witnessesTitle 33
South Carolinatwo witnessesTitle 62
South Dakotatwo witnessesChapter 29
Tennesseetwo witnessesTitle 32
Texastwo witnessesEstates Code
Utahtwo witnessesTitle 75
Vermonttwo witnessesTitle 14
Virginiatwo witnessesTitle 64.2
Washingtontwo witnessesTitle 11
West Virginiatwo witnessesChapter 41
Wisconsintwo witnessesChapter 853
Wyomingtwo witnessesTitle 2

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