Congratulations on taking a meaningful step in protecting your legacy. Now that you have your documents, it’s time to make them official. Be sure to reference the included signing instructions, and use this guide to confidently navigate your final steps.
Make It Official: Signing & Witnessing Your Documents
1. Notarization: Why It Matters
Notarization isn’t required in most states, but we strongly encourage it for all Trust & Will members. Why? Because our wills are designed to be self-proving—meaning, when properly signed, witnessed and notarized, you’re helping to ensure a smoother probate process down the road. The court is more likely to accept your documents without requiring additional witness testimonies to verify the validity of your will. Some documents do require notarization; we’ll help you identify which ones based on your state.
We partner with a convenient mobile notary service that can come straight to your door, and can even bring along witnesses should you need them. No frustrating appointments and wait times needed, and conduct this critical signing ceremony in the privacy of your own home.
Learn more about notarization here or log in to your Trust & Will account to view your local notary options.
2. Witnessing Your Will & Other Documents
Most wills require two witnesses. Who can witness? While witness requirements vary from state to state, witnesses generally must be 18 or older, are not named in your will or related by blood or marriage. These requirements help prevent potential conflicts or claims of undue influence.
3. Signing Your Documents in Wet Ink
Why wet ink? It is common practice for legal documents to be executed physically on paper, including estate planning documents such as a Last Will and Testament and Power of Attorney. This is because the legal system typically requires legal documents to be filed physically, and must be signed with wet signatures.
One exception to this rule is if your state recognizes digital wills (eWills) that can be both digitally signed, witnessed, and notarized remotely through a remote online notary (RON.)
If You Have a Trust: Funding Your Trust Matters!
One of the most common mistakes we hear about is individuals or families that set up their trust but never get around to funding it.
A trust only controls the assets you place into it. Funding ensures your assets avoid probate and are distributed as you intended. Until you properly transfer these assets by retitling ownership to the name of the trust, the process is not complete.
We provide step-by-step guides on how to fund a trust, with instructions for different asset and property types. Check out our “How to Fund a Trust” guide here, and find additional asset type instructions here.
Own a home? Find out how we make it easy to transfer your home into your trust through our deed transfer partner here.
Other Smart Moves to Further Protect Your Legacy
Keep Your Estate Plan Documents Safe
Once you receive your Trust & Will estate planning documents, be sure to store them securely. Please do not mail your physical documents back to Trust & Will. Instead, please upload copies of your signed documents into your Trust & Will Digital Safe.
Physical Original Signed Documents: Use a fireproof safe or safety deposit box to store your paper documents.
Digital Signed Copies of Documents: Upload the downloaded copy of your signed estate plan to your Digital Safe.
Also ensure that key individuals know how to locate or gain access to your estate planning documents if needed. We recommend sharing copies or access with key individuals such as your executor, power of attorney, and/or trustees. Trust & Will also has a feature where you can name a Legacy Contact who will gain access to your account after you pass away. This provides yet another layer of protection in case anything were to happen.
Talk to Key Players about Your Plan
Important estate planning roles such as executor, trustee, and power of attorney comes with a lot of responsibility. It’s a great idea to sit down with your selected agents and ensure they understand your wishes and what is required of their role. You’ll have greater peace of mind knowing that your important players are on board and understand what’s expected of them, when the time comes.
Take Advantage of Your Trust & Will Membership Benefits
As a member, you have ongoing access to:
Making updates to your plan as needed.
Your Digital Safe, where you can store and protect your documents under bank-level security.
Plan Strength, which continuously evaluates opportunities to strengthen your plan based on your goals and circumstances.
Access to your Estate Inventory and Estate Tax Report.
Peace of mind knowing your plan stays current as life evolves..
Optional Legal Support Available for Ultimate Peace of Mind
Our estate plans are comprehensive and state-specific, but sometimes, life calls for extra help.
Our Attorney Support offering can be added at any time, where you can get help from a vetted estate planning attorney in your state. Obtain greater assurance through personalized legal advice, detailed estate plan reviews ensuring compliance with your state’s laws, and an understanding of potential tax and business implications. Learn more about Attorney Support here.
Check in on Your Plan Strength
Estate planning isn’t a one-and-done activity. Your plan should continue to reflect you and your family’s circumstances as they naturally evolve. Plan Strength is a personalized tool that allows you to set estate planning goals, set and achieve goals, and continue strengthening your plan over time. Check out your Plan Score by logging into your Trust & Will dashboard.
Take Advantage of our Free Resources
Trust & Will strives to provide support, education, and resources throughout your estate planning journey. Check out some of the free resources we have to offer:
Visit our Learn Center, a robust library of educational content, news, and self-help guides.
Reach out to our Member Care Team for support.
Visit our FAQ page to get answers to common questions.
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