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Summary of State Requirements For Executing A Will

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All states and the District of Columbia require that a Will be signed in the presence of witnesses. The main question is the number of witnesses required. States also vary as to whether they permit the use of self-proving affidavits (affidavits about the signing process which are signed by the witnesses when the Will is signed).

It is possible that your state permits Wills to be written entirely in your own handwriting. While this may be useful in an emergency situation, it is not advisable if there is a choice. Such a Will is more easily subject to challenge than a Will executed with witnesses under a lawyer's supervision. Also, while your intent may be clear to you as you write the document, it may not be clear to people who have to understand your wishes so they can carry them out.

To learn about the law in your state, see www.law.cornell.edu offsite link.

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