Drafting a will

To be valid, a will must be properly executed, which means signed and witnessed according to the laws of the state where you live. Most states specify the number of required witnesses, for example, and may say who can or cannot serve as a witness. The states also impose restrictions on your rights to disburse your assets as you wish, including preventing you from completely disinheriting your spouse or dependent children.

The complexity of a will depends on the size of the estate and the type of property it includes. Most people have simple estates that include their home, bank accounts, and perhaps some stocks, bonds, or mutual funds. If that’s your situation, your will can be relatively simple as well.

It is possible to buy will preparation kits or software that will help you prepare a simple will on your own without an attorney. However, you should use caution when choosing this alternative to make sure your estate doesn’t require a more customized document prepared by an expert. What you might want to do is have the will you draft on your own reviewed by an attorney who specializes in wills before you sign it.

If your estate includes extensive real estate and business holdings, if it is worth a substantial amount of money, or if there are any potential complications in distributing your assets, you will almost certainly need to work with an experienced attorney who knows state law.

Remember, too, that since wills must follow state law to be valid, it’s generally a good idea to update your will if you move to another state since a will drafted in California may not fully do the job if you move to Florida.

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