Do you have to have a lawyer to have a will be legal?

Question

Or can you write one up and have it signed by two friends with a notary?

Answer 1

The requisites for the validity of a will vary from state to state. One thing is certain, though -- you are not required to have the will drafted by a lawyer. Make sure you do the will right, though -- and be especially wary of the advice of people who don't ask what state you are in. Keep in mind that some requirements may not be obvious to a lay person. In some states, for example, a will that's hand-written requires extra proof to be probated; wills that have been unstapled and restapled (such as when you want to make a copy) also create problems; witnesses in some jurisdictions may not be beneficiaries under the will, or intestate distributees; etc. If you want to do it yourself, make sure you research the law, and get it from reputable sources.

Answer 2

No, you don't.
Here is a general FAQ:
http://www.legalzoom.com/customer_service/product-Last-Will.html

Yes, you need a notary with a seal. The witnesses and notary must be present when you execute (sign) the documents (Some states require 3 witnesses).

You do not need to file the documents with the County Clerk's office - but it DOES make for faster probate at the time of death.

You do not need to know your witnesses, however, if you do not - then have them sign a "self-proving affidavit" so that they do not have to be located at the time of probate (speeds things along even if you DO know the witnesses).

Example:
http://www.woodandmeredith.com/forms/last_will.html

Answer 3

You don't need an attorney at all. You can write one, or get a form and fill it in. To be enforceable, it must be signed by yourself and two witnesses in front of a notary, so you're covered there too.

Answer 4

You need to have your will filed with the County Clerks' office. Simply making one and having it signed in front of a notary isn't enough.

http://www.legalzoom.com/legalzip/wills/will_procedure.html

The above site can handle many of hte basic legal documents like wills, living wills, trusts and such. And cheaply too.

Answer 5

A hand written will in your writing and with your signature is legal! A typed one does have to be witnessed and notarized in the state of TN it has to be notarized twice (lawyer told me that???)