Table of Contents

Wills By State

Wills By State

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.”

• 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.