So you’ve been asked to witness a friend or loved one’s Last Will and Testament? It’s an honor that they trust you so much, but you might be concerned about fulfilling the requirements. Here’s a primer on how to act as a witness.

Requirements To Witness a Will

• Must be 18 or older.
• Should not be named to inherit in the Will (this is a requirement in some states, but best practice in all states)
• Should know the person whose Will you’re witnessing.
• Should be available and willing to testify in probate court. Of course, there’s no way of knowing that you’ll be available, but if you’re unwilling to testify, you should decline.

What Am I Required To Do?

1. Wills are typically signed, witnessed, and notarized in person. This sometimes happens at a lawyer’s office, but they can be signed anywhere as long as there’s a notary public present. The Will does not need to be prepared or witnessed by a lawyer to make it valid. All that’s required is to have a notary, the signer, and appropriate witnesses present. Some states don’t require a notary, but having one MAY speed up the probate process. Check your state’s law for specifics.
2. You’ll be given some initial instructions. Typically, you won’t need to read the Will — you’re witnessing the signature, not the document itself.
3. The person making the Will will initial, sign and date the Will, then you will initial and sign it.
4. Some states require a self-proving affidavit, which requires you to be put under oath prior to signing.
5. That’s it! You’ve legally witnessed the signing.

Signing and witnessing a Last Will and Testament isn’t nearly as complex as people make it out to be; you don’t need a lawyer to sign or notarize your Last Will and Testament. Just follow the instructions above.