How to Sign and Store Your Estate Plan

An unsigned estate plan has no legal effect. The signing process matters because it's what transforms a printed document into a legally binding one. Each document type has its own requirements, and the rules vary by state. Getting this right is not complicated, but it is important.

In most states, you must sign your will in front of two adult witnesses. Your witnesses watch you sign (or you tell them you already signed), and then they sign the will themselves. A few things to keep in mind:

• Choose witnesses who are not beneficiaries in your will. In some states, a beneficiary who serves as a witness may lose their inheritance. • All signatures happen in the same session. You, then both witnesses, all present at the same time. • Sign in ink on the printed document. Courts want original ink signatures, not photocopies.

Notarization is not required for the will itself in most states, but it is strongly recommended. A self-proving affidavit, signed in front of a notary at the same time you sign your will, means your witnesses won't need to testify in court later.

Healthcare directives and powers of attorney have their own signing rules, and they vary more by state than wills do. Some states require witnesses, some require notarization, some require both, and some allow either one as an alternative to the other.

Will.com provides specific signing instructions for each document you generate, tailored to your state. Follow those instructions exactly. Check your state's requirements if you want to review the rules before you start.

After signing, you need to store the originals where your family can find them. This sounds obvious, but it's the step that fails most often. A perfectly drafted, properly signed will is useless if nobody can locate it.

Good storage options:

• A fireproof safe at home, with your executor or a trusted family member knowing the combination. • A bank safe deposit box, but be aware that in some states, the box may be sealed after your death until a court order opens it. Make sure someone is a joint holder or has legal access. • With your executor directly, if you trust them to keep it safe.

Avoid storing originals only on a computer or in cloud storage. Courts require the original signed document. A printout of a PDF is not the same as the originally signed copy.

Your executor, your healthcare agent, and your power of attorney agent all need to know three things: that the documents exist, where they're stored, and how to access them.

You don't need to share the contents. Just tell them: "My estate plan documents are in the fireproof safe in my office. The combination is with [person]." Or: "My attorney has copies, here's their contact information."

A healthcare directive is especially time-sensitive. Your healthcare agent may need it at a hospital on short notice. Consider giving them a copy to keep, and keeping another copy with your primary care doctor.

If you update your documents, you need to re-sign them with the same formalities as the first time: witnesses, notarization, everything. An updated document that isn't properly signed is not valid, even if the previous version was.

After re-signing, destroy the old originals. Having multiple signed versions of a will creates confusion and potential legal challenges. Keep only the current version.