Are online wills legally valid? What actually makes one hold up

The question “are online wills legal?” rests on a misunderstanding worth clearing up first. An online will is not a special legal category. A website is just how the document gets written. What comes out at the end is the same thing a lawyer’s office produces: a printed document that becomes your will when you sign it in the way your state’s law requires.

So the real question is not whether the website is legitimate, but whether the signing was done properly. This page explains what state law actually asks for, using the text of two large states’ statutes as examples, why online wills fail when they do, and how to make sure yours does not.

We are not lawyers and this is not legal advice. Every rule quoted below links to the official statute.

Does it matter that the will was made online?

No. Courts look at the document and how it was executed, not at how it was drafted. A will typed by a paralegal, written with software or assembled on a website is judged by the same test: is it in writing, did you sign it, and was it witnessed as your state requires?

That is why the major services all say some version of the same thing. Trust & Will’s help centre tells you to make your documents legally binding by signing and notarizing them after you download them. LegalZoom’s own FAQ lists the requirements: you must be of sound mind, act of your own free will, and sign and have it witnessed according to your state’s laws. WillMaker sends every document with signing instructions specific to your state.

There is one distinction to keep straight:

• A will made online is drafted on a website and then printed and signed on paper. This is what Trust & Will, LegalZoom, WillMaker and most others produce, and it is valid everywhere the signing rules are followed.
• An electronic will is signed and stored electronically, never printed. Only some states allow these, and only by following their specific procedure. The Uniform Law Commission publishes a model Electronic Wills Act for states to adopt.

If you are using a mainstream online service, you are making the first kind. Print it and sign it.

What does the law actually require?

The details vary by state, but most follow the same pattern. Here is what two of the largest states’ statutes say, word for word in substance.

Texas (Estates Code § 251.051): a will must be in writing; signed by you, or by someone else in your presence and at your direction; and attested by two or more credible witnesses who are at least 14 years old and who sign their names in their own handwriting in your presence.

Florida (Statutes § 732.502): a will must be in writing; you must sign it at the end (or have someone sign your name at the end in your presence and at your direction); you must sign, or acknowledge your signature, in the presence of at least two attesting witnesses; and the witnesses must sign in your presence and in the presence of each other.

	Texas	Florida
Written	Yes	Yes
Where you sign	Not specified	At the end
Number of witnesses	Two or more	At least two
Witness age	At least 14	Not specified in this section
Witnesses sign in front of you	Yes	Yes, and in front of each other
Handwritten will without witnesses	Allowed if wholly in your handwriting	Not under this section
Changes (codicils)	Not addressed in this section	Same formalities as a will

The pattern holds in most states: writing, your signature, and two witnesses who sign in your presence. What differs are details like where you sign, whether witnesses must see each other sign, and how old they must be. Those details are exactly what your online service’s state-specific instructions are for. New York is one of the strictest: you must declare the document is your will to each witness, and both must sign within one 30-day period; our New York page sets out its rules. Florida also requires trusts to be signed with will formalities, which our Florida trust page explains.

What is a self-proving affidavit, and do you need one?

A self-proving affidavit is a short sworn statement, signed by you and your witnesses in front of a notary, that you signed the will properly. It is not what makes the will valid; it makes the will easier to use.

Texas explains the benefit in its code: a self-proved will may be admitted to probate without testimony from the witnesses. Without it, someone may have to track down your witnesses years later, or prove their signatures, before the court accepts the will.

This is why online services so often tell you to have a notary present even when your state’s will statute only asks for witnesses. Trust & Will recommends witnesses and a notary regardless of state. WillMaker’s legal manual has a section on the self-proving option. If your state allows it, do it: it costs a notary fee and saves your family trouble later.

Does the will need a notary?

For the will itself, usually not. The Texas and Florida statutes above require witnesses, not a notary. The notary comes in for the self-proving affidavit, and for other documents in your plan. WillMaker’s FAQ sums up the general pattern: wills are signed and witnessed; living trusts and durable powers of attorney are notarized; health care directives are witnessed, notarized or both, depending on the state.

Trust & Will’s guidance is slightly different in emphasis: it says the typical requirement for key documents is your signature, two witnesses and a notary, that this varies by state, and that it strongly recommends all three. Following that advice is never wrong. Skipping the notary where your state requires one for a document, or skipping witnesses where it requires them, can be.

How do the main services help you sign?

All three of the biggest services give you state-specific instructions; only one sells help with the signing itself.

	Signing instructions	Help arranging witnesses and a notary
Trust & Will	On the first page of each document, for your state	Optional mobile notary through Snapdocs who brings two witnesses: $170 to $210
Quicken WillMaker & Trust	With every document, for your state; general rule Wills witnessed; living trusts and financial powers of attorney notarized	None
LegalZoom	Included with your documents	None listed on its estate plan pages

You do not need a paid service to sign properly. What you need is two suitable witnesses and, for the self-proving affidavit and other documents, a notary, all in the same room at the same time. Many people arrange this at their bank or a local notary’s office, bringing their own witnesses if the notary cannot supply them. Ask in advance whether the notary will provide witnesses, because many do not.

Why do online wills fail?

When an online will does not hold up, it is almost never because it was made online. It is one of these:

1. It was never signed. The most common case: the PDF was downloaded and left in a folder. An unsigned will is not a will.
2. It was signed without the right witnesses. One witness instead of two, witnesses who were not in the room, or witnesses who signed later.
3. A witness inherits under the will. State rules differ, but using an interested witness invites a challenge. Use two adults who receive nothing under the will.
4. It was changed by hand after signing. Crossing out a name or writing in a new gift after signing can create doubt about the whole document. Make changes by generating a new will or a properly signed codicil; Florida’s statute, for example, says a codicil needs the same formalities as a will.
5. The original was lost. Courts generally want the original signed document. Store it where your executor can find it.
6. It does not fit your situation. A valid will can still fail to do what you wanted, for example if your house is held in a way that passes outside the will, or if a beneficiary with special needs loses benefits because of a direct gift.

Only the last of these has anything to do with the quality of the website, and it is the reason to keep your plan simple or get a lawyer’s review if it is not.

Is a will made in one state valid in another?

Generally yes. Texas (§ 251.053) and Florida (§ 732.502(2)) both accept a will that was valid under the law of the place where it was signed; Florida excludes handwritten and oral wills from that rule. Many states have similar provisions.

That does not mean you should leave your plan alone after a move. Your powers of attorney and health care directive are written for one state’s law, and a new state may have different signing rules for them. Trust & Will’s FAQ gives the practical advice: if you move, update your state in your account, then reprint and re-sign the documents.

What about Louisiana?

Louisiana’s succession law comes from the civil-law tradition rather than the common law of the other 49 states, and online services treat it differently. WillMaker cannot be used for Louisiana documents at all, and Trust & Will does not offer trusts there. If you live in Louisiana, follow the specific instructions of whichever service you use very carefully, or use a Louisiana attorney.

How to make sure your online will is valid

1. Read the signing instructions that came with your documents. With Trust & Will they are on the first page of each document; with WillMaker they come with every document.
2. Choose two witnesses who are adults and receive nothing under your will.
3. Sign in one session, with both witnesses watching you sign and signing themselves in front of you and each other.
4. Add a notary for a self-proving affidavit if your state allows one, and for any trust or power of attorney.
5. Do not mark up the will afterwards. Make changes by re-signing a new version.
6. Store the original somewhere safe and tell your executor where it is. Nothing needs filing with a court while you are alive.
7. Re-sign after a move or any major life change.

If you are still choosing a service, the reviews below explain how each one handles the signing step and what help it offers.