Key Takeaways
- A document that isn’t signed the way your state requires may be thrown out, no matter how carefully it was written.
- Most states require two adult witnesses for a will; powers of attorney usually need a notary; health care documents need witnesses, a notary or either.
- Adding a self-proving affidavit to your will can make probate faster because witnesses don’t have to be tracked down later.
- Keep originals somewhere safe but reachable, and tell your executor and agents where they are.
- Review your documents every three to five years and after any major life event.
Why the signing step matters
Writing down your wishes is only half the job. Courts, banks and hospitals look first at whether a document was executed properly: signed by the right person, in front of the right witnesses or notary, in the way your state requires. A missing witness signature can mean a will is treated as if it never existed, and your property passes under state law instead.
The good news is that the rules are simple once you know them, and they rarely take more than a few minutes to follow.
Signing requirements at a glance
| Document | Witnesses | Notary | Notes |
|---|---|---|---|
| Last will and testament | Usually 2 adults | Usually not required to be valid | A notary is needed for a self-proving affidavit |
| Financial power of attorney | Required in some states | Usually required | Banks and real estate records generally expect notarization |
| Health care power of attorney | Often 2 witnesses | Sometimes, or instead of witnesses | Many states restrict who can be a witness |
| Living will or advance directive | Often 2 witnesses | Sometimes, or instead of witnesses | Some states combine it with the health care POA |
| HIPAA release | Usually none | Usually none | A signature and date are generally enough |
| Temporary guardianship or minor medical consent | Varies | Often recommended | Schools and doctors may ask for a notarized copy |
Rules vary by state, so always follow the instructions that come with your forms or check your state’s requirements.
Guides in this hub
- Does a will need to be notarized?
- How many witnesses do you need for a will?
- Is a handwritten will valid?
- What is a self-proving affidavit?
- Remote online notarization
- Where to keep your will and estate documents
- How often should you update your estate plan?
A simple signing-day checklist
- Read everything once more and fix any names, dates or typos before signing.
- Line up your witnesses: adults who aren’t named in the document and aren’t related to anyone who is.
- Book a notary if your documents need one; many banks, shipping stores and online services offer notarization.
- Sign in front of everyone at the same sitting, and have witnesses sign right after you.
- Don’t staple, unstaple or mark up the signed originals.
- Store the originals safely and give copies to the people who will need them.
After you sign
Signed documents only help if people can find and use them. Give your agents copies of powers of attorney, give your doctor a copy of your health care documents, and tell your executor where the original will is. For a deeper checklist, see where to keep your will and the letter of instruction guide.
Frequently asked questions
In most states a will must be written, signed by the person making it (who must be an adult of sound mind), and signed by two adult witnesses who watched the signing. Some states also accept handwritten wills without witnesses.
No. Wills usually don’t need a notary to be valid, while financial powers of attorney usually do. Health care documents often need either witnesses or a notary, depending on the state.
It’s safest to avoid anyone who inherits under the will or is named as an agent, and their spouses or close relatives. Many states also bar certain people, such as your health care provider, from witnessing health care documents.
Many states now allow remote online notarization, and some allow electronic wills or remote witnessing. The rules differ widely, so check your state’s requirements before relying on an online signing.
Every three to five years, and any time you marry, divorce, have a child, move to a new state or lose someone named in your documents.
Most states honor a will that was valid where it was signed, but powers of attorney and health care documents can be harder to use out of state. It’s wise to review everything after a move.
Guides in this hub
- Does a Will Need to Be Notarized?In most states a will doesn't need a notary to be valid, but notarizing a self-proving affidavit can speed up probate. Learn when a notary matters and when witnesses are enough.
- How Many Witnesses Do You Need for a Will?Most states require two adult witnesses for a will. Learn who can and can't be a witness, what witnesses actually do, and how to avoid mistakes that can invalidate a gift.
- Is a Handwritten Will Valid? Holographic Wills ExplainedAbout half of U.S. states accept handwritten (holographic) wills without witnesses. Learn the requirements, the risks, and why a witnessed will is usually the safer choice.
- What Is a Self-Proving Affidavit for a Will?A self-proving affidavit is a notarized statement signed with your will that lets the probate court accept it without contacting your witnesses. Here's how it works.
- Remote Online Notarization: Can You Notarize Documents Online?Most states now allow remote online notarization over live video. Learn how it works, which documents can be notarized online, and the extra rules for wills.
- Where to Keep Your Will and Estate Planning DocumentsYour original will needs to be safe and easy to find. Compare home safes, safe deposit boxes, attorneys and court filing, and learn where to keep powers of attorney and health documents.
- How Often Should You Update Your Estate Plan?Review your will, powers of attorney and beneficiaries every three to five years and after major life events. Here's what to check and how to make changes the right way.
Don’t leave your family guessing
Put your health care wishes in writing with a living will, HIPAA release and medical authorization. The No Brainer Box adds a last will, a revocable trust and health care and financial powers of attorney.
- Answer a few simple questions online
- Download your completed, ready-to-sign forms
- Sign them and keep copies in your account
This guide is general educational information written by the No Brainer Forms Team. It is not legal advice, and No Brainer Forms is not a law firm. Laws and signing requirements vary by state; for advice about your situation, talk to a licensed attorney in your state.