A meticulous signing ceremony is cheap insurance against a will or trust contest. The lawyer supervises to ensure statutory formalities are met, capacity and volition are observed and documented, and the self-proving affidavit is executed. Remote execution is increasingly available but uneven across document types.
- Confirm the testator has read and understands the documents; ask the testamentary-intent questions on the record.
- Assemble two disinterested witnesses and a notary who observe the testator sign and who then sign in the required presence.
- Have the testator declare the document to be their will (publication) and request the witnesses to witness.
- Execute the self-proving affidavit before the notary immediately after signing.
- Initial each page where customary, date consistently, and avoid interlineations.
- Memorialize observations of capacity and absence of undue influence in the file; for higher-risk clients, consider a contemporaneous physician letter or video.
Caution
Remote online notarization (RON) is broadly authorized for notarizations, but many states still require witnesses to a will to be physically present. Do not assume a RON platform can validly witness a will. Verify (1) whether the state permits remote witnessing for wills, (2) any qualified-custodian/e-will requirements, and (3) recording/retention rules for the audiovisual session.
- RON is well-suited to POAs, healthcare directives, and deeds where remote notarization is authorized.
- For wills, prefer in-person execution unless the state's electronic-wills and remote-witnessing statutes clearly authorize the exact process used.
- Keep the audiovisual recording and identity-verification evidence per statute.
Key takeaways
- Supervise the ceremony: publication, disinterested witnesses, notary, and an immediate self-proving affidavit.
- Document capacity and absence of undue influence contemporaneously, especially for at-risk clients.
- RON does not automatically authorize remote witnessing of wills — verify the state-specific process.
Authorities
- Uniform Probate Code 2-504 (self-proving affidavit); Uniform Electronic Wills Act
- State RON statutes and Uniform Law Commission RON model act