by Kristen Ishihara and Chris Parker with Ishihara & Parker Law Firm PLLC
Thinking about making a will? It’s one of those things most of us put off, but getting it done right is crucial. A will isn’t just about deciding who gets what—it’s about making sure your wishes are legally clear and your loved ones don’t end up in a legal mess.
One of the most common questions people ask is: Do I need a notary to make a valid will? The short answer is no, but there’s more to it than that. Let’s break it down along with some other common mistakes people make when drafting their wills.
A will needs to be written in a way that leaves no room for confusion. The court doesn’t guess at what you meant—it follows exactly what’s on paper.
For example, saying, “I leave my stuff to my spouse and my kids” might seem fine, but legally, that’s vague. Does your spouse get half and the kids split the other half? Is it divided equally? If you don’t specify percentages that add up to 100%, the court has to interpret it. And that can lead to big problems.
One major mistake is not planning for what happens when the first spouse passes away. Many people assume their spouse automatically gets everything. In states like Texas, that’s not always the case.
If you want your half of the house to go to your spouse first, you have to say that explicitly in your will. Otherwise, your kids could end up co-owning the house with your spouse, which complicates things if they’re minors or if your spouse ever wants to sell the home.
A lot of married couples think they can just have one will together. Bad idea.
Each of you needs your own will. One of you is going to pass away first, and that first will needs to say exactly what happens at that moment. Then, the second will needs to plan for when the surviving spouse passes. Keeping things separate avoids a ton of confusion.
A self-proving affidavit is a fancy way of saying that witnesses and a notary sign off on the validity of your will so it can go through probate without extra steps. But if you mess up even small details, your executor will have to track down a witness to testify in court.
This is especially tricky if you had random bank employees sign as witnesses. Good luck finding them years later!
Make sure your affidavit includes:
It’s common to put off making a will because you think you’ll do it later. But here’s the reality:
Even if you plan to update it later, having something in place is better than nothing.
Just because you have a will doesn’t mean your family is done. The will must be presented in court within four years of your death. If not, your loved ones will have a much harder time handling your estate.
Many people think that once their will is done, they can’t change it. Not true!
If you need to update an executor or tweak a detail, most attorneys charge very little (sometimes nothing) for small changes. So don’t let indecision stop you from getting something in place.
The biggest takeaway? Get your will done. And get it done correctly.
If you wrote your own will, have a lawyer review it. If you’re worried about cost, know that a solid will now can save your family thousands in legal fees later.
And remember, a notary isn’t required to make a will valid, but having one for the self-proving affidavit makes probate much smoother.
So if you’ve been putting off making your will, take this as your sign to get it done. Your future self (and your loved ones) will thank you!
Ishihara & Parker Law Firm PLLC
3000 H.G. Mosley Pkwy
Longview, TX 75605
p. 430-625-3110