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The requirements for a valid will can vary from state to state, but generally, there are several common criteria that most states require. Here is a general overview of the typical requirements:
- Age and Mental Capacity:
- The testator (the person making the will) must be at least 18 years old and of sound mind. This means they understand the nature and extent of their property and the implications of their decisions regarding the distribution of that property.
- Written Document:
- The will must be in writing. Oral wills, also known as nuncupative wills, are not accepted in most states and are only valid in very limited circumstances.
- Signature:
- The testator must sign the will. If the testator is unable to sign, they can direct someone else to sign on their behalf in their presence.
- Witnesses:
- Most states require the will to be witnessed by at least two individuals who are not beneficiaries of the will. These witnesses must also sign the will in the presence of the testator.
- Clear Intent:
- The will must clearly express the testator’s intent to distribute their property upon their death. This means the language used in the will should be unambiguous and straightforward.
- Revocation of Previous Wills:
- The will should state that it revokes any prior wills or codicils (amendments to a will) to ensure there are no conflicting documents.
- Compliance with State Law:
- The will must comply with specific state laws, which may include additional requirements such as notarization, special language, or formatting.
Curious about the specific will requirements in your state? View state-specific requirements here.
