Simply putting personal wishes in writing isn’t enough to create an estate plan. Testators have to ensure that their documents comply with state law and that their loved ones know where to find their documents after they die.
Some people write their own wills by hand, and there are unique concerns that arise in such cases. If other people have questions about the handwriting or if the testator makes mistakes regarding the language they use, there could be reason to worry about the courts setting aside the will or other people challenging it.
Even when testators work with professionals to draft wills, there are specific state requirements that apply. The ability to prove that the testator acted on their own behalf and was of sound mind is crucial to the overall validity of a will. Do testators need to hire notaries to mark their wills after they draft them?
The law requires witnesses, not notarization
The good news for those trying to put together a will is that they do not have to coordinate with a notary or pay them for their time. State law does not require notarization for a will to be a valid and enforceable testamentary instrument.
What testators need is to have two competent adult witnesses present. Typically, two other adults must be present to witness the testator signing the will. If they do not witness the signing, the testator must plainly state that the document is their will and that they signed it previously. The witnesses must then sign the will as well.
Kentucky state law is a bit stricter than the rules in other states, as it requires that both witnesses sign in the presence of one another. This requirement helps reduce the likelihood of fraud. People can choose to hire a notary as one of their witnesses, but doing so is not a state requirement for a valid and enforceable testamentary instrument.
The law does allow people to use both creditors or the person designated as their personal representative as witnesses. However, many people choose to use witnesses who have no involvement with the estate.
Working with a lawyer when drafting a will can make it easier to find witnesses with no direct involvement in the estate. Those who have support when drafting a will may have an easier time creating documents that align with state laws.