Buzz
When using platforms such as LegalZoom or FreeWill to draft your will, remember that digital signatures and storage alone may not suffice. Print the document, arrange for a notary to witness the signing, and keep a physical copy in a secure location.
As highlighted by financial expert Paul Sullivan in The New York Times, many individuals overlook the fact that online wills require offline steps to be legally valid:
However, regardless of how seamless the online process is, users must ultimately print the will, have it notarized, and obtain signatures from two witnesses. Without these steps, the will lacks legal standing.
Once a will is signed and notarized, it must be stored securely, as uploading it back to the website renders it invalid.
Sullivan points out that while some states are drafting laws to grant equal legal status to both printed and digital wills—with Nevada and Indiana already enacting legislation recognizing e-signatures—it remains prudent to print your will and, crucially, have it notarized.
I’ve previously discussed the risks associated with online wills. Using online legal tools to draft a will that contains errors or inconsistencies can create more problems for your beneficiaries than the document is worth. Additionally, these platforms often fail to align your will with state-specific probate regulations.
That said, I haven’t created a will myself—though I’m aware I should—so I’m unsure how effectively online will software highlights the offline steps required to validate your will. For instance, reviewing LegalZoom’s Last Will FAQ reveals no mention of printing your document:
After signing your last will, store it in a secure yet accessible location. Ensure your chosen executor knows exactly where it is kept. There’s no need to file it with the court or make it part of the public record, though some courts may allow you to deposit it with them, depending on their workload.
Many individuals might interpret 'safe, easily accessible place' to mean platforms like Dropbox or Google Drive. They might create and sign their will online, skip the notary step assuming it’s optional, and store the document securely in the cloud.
FreeWill’s FAQ, however, provides more clarity:
Once you print your will and sign it in the presence of two witnesses, it becomes a legally binding document. If you reside in Louisiana, you must also have a notary public present during the signing.
Regarding notaries: it’s advisable to involve one regardless of your state. Without a notary, your witnesses may need to testify in probate court to confirm the authenticity of your signature. As Nolo clarifies:
Investing the effort to obtain a notarized self-proving affidavit is worthwhile, as it streamlines the probate process after your passing. When witnesses sign the affidavit, they affirm they observed you signing the will and that you were mentally competent. This eliminates the need for further statements or court appearances from your witnesses after your death.
I am not an attorney, and my strongest recommendation remains consistent with my previous article on will preparation: consult a lawyer to guide you. While this may involve additional costs, it will spare your family significant time and effort during an already challenging and emotional period.
However, if you opt for an online will service over legal counsel, ensure you print and notarize the document—or at the very least, verify your state’s legal requirements before finalizing the process.
