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When is my Will in effect?

Your Will is not legally effective until it is signed—and in most states, also witnessed and notarized—according to local laws.

Updated over 2 weeks ago

Your Last Will and Testament does not take legal effect until it is properly signed and executed according to your state’s laws. Simply filling out your Will is not enough. It must be formally completed to be valid.

What Does “In Effect” Mean?

A Will is only enforceable when it meets your state’s legal requirements for execution. Until it is signed (and witnessed and/or notarized, if required), it is not considered legally binding.

Once properly executed:

  • The Will is valid, even if you don’t die for many years

  • It can be updated or replaced at any time, as long as you are mentally competent

  • It will be used by the court after your death to settle your estate

What Are the Signing Requirements?

Each state has its own rules, but most require that your Will be:

  • Signed by you (the Testator)

  • Witnessed by at least two people who are not beneficiaries

  • In some states, notarization is also recommended or required

NetLaw provides state-specific execution instructions with every Will, so you’ll know exactly how to complete the process correctly.

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