How to Sign and Update a Will

After writing a will, you must take a few steps to make it legal. This article explains the rules you must follow when signing your will. It also introduces the benefits of signing an additional document, called a self-proving affidavit, which can make things easier for your executor and loved ones after you die. Finally, it covers the correct way to modify a will, when you might need to change your will, and how to completely revoke it if necessary.

Before Signing a Will

Before signing your will, review it carefully to make sure it accurately reflects your wishes. Check your state’s laws so you know what’s required, especially when it comes to having witnesses for your signature.

Signing and Witnessing Requirements

To make your will legal, you must sign it in front of witnesses; most states require two. Each witness must sign the will not only in your presence but also in the presence of the other witnesses.

Most states require witnesses to be at least 18 and of sound mind. Usually, your witnesses can’t be people who will inherit anything from your will, even as a backup or alternate.

Pick witnesses who are healthy, perhaps younger than you, and likely to stay nearby. They don’t have to live in your state, but it helps if they’re easy to reach later.

Beneficiary signatures are never required on your will.

Signing a Self-Proving Affidavit

In most states, you can sign a self-proving affidavit for a will. This means it can go to probate court without needing your witnesses to appear or sign more papers. To do this, you will go with your witnesses to a notary and sign an affidavit under oath.

In the past, all wills had to be proved either by having one or two witnesses come into court to testify or by having them swear in written, notarized statements called affidavits that they saw you sign your will. Self-proving affidavits remove this extra step.

Sign the Affidavit in front of a Notary Public

If you live in a state that offers the self-proving option and you want to use it, you and your witnesses must first sign the will as discussed above. Then, you and your witnesses must sign the self-proving affidavit, which is usually a separate form, in front of a notary public. You need three individuals for this: the two witnesses and a notary public. The notary public should not also serve as a witness.

You can notarize your self-proving affidavit any time after signing your will, but it’s easiest to do it while everyone is together. Notaries usually charge a small fee and will ask you and your witnesses to present identification.

Your Will is Valid Without a Self-Proving Affidavit

Some people—like those who are likely to make multiple wills before they die—don’t make a self-proving will because they don’t want to go to the trouble of gathering everyone together with a notary. If you are one of these people, keep the self-proving option in mind for later.

Notifying Your Executor

Your executor—sometimes called a personal representative—is the person you appoint to carry out the instructions in your will. While no special training is required, serving as an executor is a significant responsibility. Ensure that your chosen executor and any alternates agree to take on the role. You may want to give your executor a copy of your current will, but at a minimum, ensure they know where to find it when needed.

Storing a Will

A will is only useful if it can be found when needed. Consider storing your signed will in an envelope with your name and the word "Will" on it, and keep it in a fireproof box, file cabinet, or home safe. If you’re thinking about using a bank safe deposit box, check the bank’s rules first. Sometimes, only someone with a court order can open it, and this can take time. Your will could be hard to get to when it’s needed most.

Changing a Will

It’s important to know how to change your will the right way. Once you’ve signed it with witnesses, don’t add or change anything by hand or by typing. Even fixing a typo should follow the same rules as making a new will, with proper signing and witnesses.

Although it is legally possible to make handwritten corrections to your will before you sign it, that, too, is a bad idea. After you die, the probate court won’t know that you made the corrections before the will was signed. The possibility that the changes were made later may raise questions about the legality of the entire document.

So, how do you change a will? There are two ways to accomplish it: Make a new will or make a formal addition, called a codicil, to the existing one. Either approach requires a new round of signing and witnessing.

When to Update a Will

Life changes can affect your will and how the law applies to it. You might buy or sell a house, get divorced, or have children. Not every change necessitates a new will, but significant events often do. Here are some times when you should review your estate plan.

Marrying or Divorcing

If you create a will that leaves all or part of your property to your spouse and later get divorced, many states' laws automatically revoke the bequest to your former spouse. In that case, the property would go to the alternate beneficiary you named, or to your residuary beneficiary if no alternate was listed. However, in some states, a divorce does not cancel the bequest, so your former spouse could still inherit as stated in your will. The legal situation becomes even more complicated if you remarry. In some states, similar rules apply to registered domestic partners.

To avoid navigating these complicated rules, simply create a new will whenever you get married, divorced, become separated and are considering divorce, or register or end a domestic partnership.

Getting or Losing Property

When you leave all your property to one person or a group in a lump sum, you don't need to update your will every time you acquire or dispose of assets. Those beneficiaries will inherit everything you own at your death, regardless of what specific property you have.

However, if you have left specific items to someone in your will and no longer own those items when you die, it’s best to create a new will. For example, if you leave a valuable painting to a beneficiary but no longer own it at your death, that person likely won’t receive anything. In some states, though, the law assumes you intended the beneficiary to receive something and may award them a sum of money equal to the item’s value instead. While this might be your intention, it could also disrupt your overall distribution plan. The situation where a specific gift cannot be given because it no longer exists is called ademption.

That said, in some circumstances, if a specific item has merely changed form, the original beneficiary may still have a claim to it. Examples of this are:

• a promissory note that has been paid and for which the cash is still available, and
• a house that is sold in exchange for a promissory note and deed of trust.

A similar issue to ademption arises when your estate lacks sufficient assets to cover all the gifts in your will. For instance, if you leave $50,000 each to your spouse and two children but only $90,000 remains in your estate at your death, each gift must be proportionally reduced. This process is known as abatement and can be complicated under state law.

To prevent these issues, update the type and value of your bequests to match your current situation. This may mean you’ll need to create a new will from time to time.

Adding or Losing Children or Grandchildren

Whenever a child is born or adopted into your family, be sure to update your will to include them and specify how you want them to inherit. If you fail to mention a new child, they could later contest your will in court, arguing they were unintentionally omitted and deserve a significant portion of your estate.

Likewise, if one of your children dies before you and leaves children, update your will to name those grandchildren specifically. Omitting them may give those grandchildren the right to claim a share of your estate under the law.

Moving to a Different State

State laws can significantly affect your estate plan in two situations. First, if you’ve established a way to manage assets for young beneficiaries and then move to another state, you may find different management options when creating a new will because each state adopts its own version of the Uniform Transfers to Minors Act.

Second, if you are married and do not intend to leave all or most of your property to your spouse, you should learn the rules that control spousal inheritance if you move from a community property state to a common law state or vice versa.

Losing an Executor

Your estate’s executor ensures your will’s instructions are followed. If the executor you originally chose is no longer suitable, or if they die before you, you should create a new will to appoint someone else to the role.

Losing Beneficiaries

If a beneficiary set to inherit a significant portion of your estate dies before you, it’s important to create a new will. This is particularly important if you only named one beneficiary for a bequest without an alternate, or if your alternate is no longer your preferred choice to receive the property.

Losing Guardians or Property Managers

If your chosen guardian or alternate for your minor children—or the person named to manage their property—moves away, becomes unable to serve, or is no longer a suitable choice, you should consider making a new will to appoint someone else.

Losing Witnesses

The witnesses who sign your will are there to confirm that your signature is genuine and that you were legally capable of making a will. If two or more witnesses later become unavailable or unable to serve this role, you might consider making a new will with new witnesses—especially if you think your will could be contested. However, if your will is self-proving, as described above, updating your witnesses is usually unnecessary.

Revoking a Will

Most people make more than one will in their lifetime because life circumstances change. Marriage, divorce, children, and the gain or loss of assets can all impact your wishes. If your current will no longer aligns with what you want, the best solution is to create a new one.

Risks of Destroying a Will Without Creating a New One

Destroying the original will doesn’t guarantee it can’t be used—copies may still be out there. Probate courts may accept a copy of a will if there’s a valid reason the original is missing. For instance, if a disinherited child destroys the original will out of anger, but siblings can provide a copy and prove who destroyed the original, the court might accept the copy. Otherwise, the decedent’s intentions might not be honored.

Courts do tend to be cautious about accepting copies. Generally, courts presume a missing will was destroyed intentionally and require anyone who wants to submit a copy to show that the will maker didn't intentionally revoke the will.

However, this is not always the case. In 2010, a Texas court accepted a copy of a will based solely on the fact that the deceased man's stepson stated he couldn't locate the original. Texas legal expert Professor Gerry Beyer called this opinion "shocking," noting that it makes it virtually impossible to revoke a will by physically destroying it—if a copy can be found, even without an explanation for the original's absence, the copy can still be probated.

The Best Way to Revoke a Will: Create a New One

If you want to revoke your will, don't rely on destroying the original. Make a new will that replaces the old one. The new will should explicitly revoke all previous wills and set out your new wishes. Then tear up the old will and every copy, if possible.

Learn More About Wills

For more information about wills, see the following articles:

• Why Do You Need a Will?
• Different Types of Wills
• How to Make a Will

You can find out more about making WillMaker’s will and living trust in WillMaker’s Legal Manual.