How to Create a Joint Will
- 1). Review joint will forms online, to get a comprehensive idea about the layout and requirements that are associated with a joint will, as opposed to two separate wills. You can decide if creating separate will is a more suitable solution for you, if you cannot agree on how your assets should be distributed. Every state offers these two options to choose from.
- 2). Contact an estate attorney and bring in a list of questions and concerns in relationship to the information you obtained online about a joint will. Discuss the pros and cons of the joint will for you and your spouse.
- 3). Outline a clear list of properties and all assets that are owned by you and your spouse. Avoid assets that you may want to leave to other family members, from heirlooms to inheritances, as a joint will will prevent them from obtaining these things until the other party is deceased. Be sure to agree on each and every listed item.
- 4). Decide together on an executor of the will and estate. With a joint will, it is common for the surviving spouse to be the executor, but another alternative can be chosen if you both agree to that decision. Have a second choice of executor to replace the initial request in case the first choice of executor is not available.
- 5). Decide on how the estate should be distributed in the event that both parties within the joint will should die simultaneously, or within a few days of one another.
- 6). Fill out the joint will according to the specifications of the legal document provided by legal counsel. Clearly identify all the needed information, then sign the joint will at the bottom of the document, in the presence of a certified Notary Public and two other witnesses that are over the age of 18 years. Notarizing, though not necessary in all states, is preferable for proving a will's validity in court.