Executing Your Will

Each state has its own requirements for a valid will execution. In addition, federal law provides that service members and their families may receive legal assistance that includes “military testamentary instruments” valid in every state.

A military will must meet the following requirements to be valid:

• The testator must sign the will in the presence of two disinterested witnesses, each of whom also must sign

• The document must be notarized

A self-proving affidavit that attests to the circumstances under which the testamentary instrument was executed is normally attached to the will. This provides evidence when the will is later presented to a court that the document was validly executed.

Each military service may have additional procedural requirements.