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Their Will Form

Use a Their Will template to make your document workflow more streamlined.

What Their Will Form is and how it works

Their Will Form is a legal document that states how a person’s property and responsibilities should be handled after death. In the United States, a will is not treated like an ordinary business contract: wills, codicils, and testamentary trusts are excluded from the federal ESIGN Act’s electronic-record provisions under 15 U.S.C. §7001(a)(1). You may prepare a draft digitally, review its provisions, and organize records in signNow, but execution must follow the governing state’s rules for witnesses, notarization, signatures, originals, and probate.

Who uses Their Will Form

Estate-planning counsel

Estate-planning attorneys use Their Will Form to organize drafts, capture client information, and maintain controlled document history before formal execution. The final process must follow the governing state’s rules for witnesses, notarization, self-proving affidavits, and storage of the original.

Individuals and families

Individuals and families use digital preparation to review personal wishes, coordinate information, and share drafts with counsel. Their Will Form still requires the applicable state execution process; signNow does not itself establish testamentary validity.

Who prepares Their Will Form

  • Estate-planning attorneys can prepare draft wills, collect client information, and preserve document history before arranging required witnesses, notarization, and execution under the client’s state law. signNow supports controlled document handling, but the attorney must apply applicable probate rules and professional obligations separately.
  • Individuals preparing a personal will can use a digital workspace to organize a template, review provisions, and share drafts with counsel. They should not assume that an electronic signature, email exchange, or audit trail satisfies witness, notary, original-document, or probate requirements.

How digital will preparation works

The digital workflow organizes Their Will Form but ends before legally required witnessing, notarization, or other state execution formalities.

  • Upload draft: Upload the will draft into signNow.
  • Complete fields: Review detected fields and complete information.
  • Review securely: Share the draft with authorized reviewers.
  • Execute properly: Download and execute under state law.
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How to prepare Their Will Form

Prepare Their Will Form digitally, then follow your state’s required witnessing, notarization, and filing rules.

  • Upload document:

    Upload the will template or document you need to prepare.
  • Check fields:

    Review detected fields and add missing names, dates, and provisions.
  • Complete details:

    Complete required information without adding unsupported legal language.
  • Prepare signing:

    Download the completed document for required witnesses or notarization.
  • Archive records:

    Store the final copy and supporting records securely.

Useful features for Their Will Form

signNow can organize the digital preparation of Their Will Form while state-required execution remains separate and document-specific.

Document preparation

Upload a will template and review its structure before entering personal information or arranging execution.

Field detection

Automatic field detection can identify fillable areas, helping organize names, dates, and other draft information before review.

Audit history

Document history records preparation activity and supports an organized evidence file without replacing the legally executed original.

Controlled access

Access controls help restrict sensitive estate-planning information to authorized people during digital preparation and review.

Mobile access

Prepare documents from a desktop or mobile device when reviewing drafts with clients, family members, or counsel.

Record retention

Export or retain the final digital record alongside the properly executed will and related estate-planning documents.

Privacy and disclosure issues to avoid

  • Uploading a draft with unnecessary Social Security numbers or financial details increases exposure if access permissions are broader than the estate-planning team requires.
  • A client’s electronic consent to receive records does not replace required will witnesses, notarization, testamentary capacity, or state-specific execution formalities.
  • Sharing a will through an unrestricted link can expose beneficiary information, alternate beneficiaries, guardianship provisions, and financial instructions to unintended recipients.
  • Keeping several unsigned drafts beside the executed original can create uncertainty about which document reflects the testator’s final intent during probate.

Security for will preparation records

Transport encryption:

TLS 1.2/1.3 in transit

Stored-data encryption:

AES-256 at rest

Security reporting:

SOC 2 Type II certified

Information security:

ISO 27001 certified

Privacy framework:

GDPR compliant controls

Activity records:

Detailed audit trails

Platform requirements for Their Will Form

Their Will Form can be prepared through signNow using Chrome, Firefox, Safari, or Edge on Windows or macOS. signNow also provides mobile apps for iOS and Android. Use a current browser, an internet connection, and TLS-enabled access when preparing a document digitally.

  • Browser support Chrome, Firefox, Safari, and Edge
  • Desktop systems Windows and macOS desktop access
  • Mobile access iOS and Android mobile apps

Digital preparation does not replace state-law execution requirements for a will. Confirm witness counts, notarization, self-proving affidavits, and filing or probate procedures with the applicable state authority or a qualified attorney. Use signNow’s access controls and audit records to organize preparation evidence, not to bypass statutory formalities.

Record-keeping practices for Their Will Form

Use signNow to organize preparation records, while preserving the original will and following the governing state’s probate requirements.

Retain the executed original and supporting affidavit

Wills are excluded from ESIGN’s electronic-record exceptions under 15 U.S.C. §7001(a)(1). Retain the properly executed original and any state-required affidavit; use signNow’s digital history as supporting preparation evidence rather than as a replacement for the original.

Verify state execution requirements before signing

State law controls witness counts, notarization, and self-proving procedures. Before execution, verify the governing state’s current requirements with its probate authority or qualified counsel, especially when the will includes real estate, a trust, or beneficiaries in multiple states.

Separate drafts from the executed will

Limit access to personal, financial, and beneficiary information during drafting. Use signNow permissions and an organized archive, then preserve the final executed will separately from drafts, unsigned copies, and superseded versions.

Export audit evidence without treating it as validity

Keep an audit trail with the document history showing preparation activity, access, and exports. Label it as supporting evidence, because an audit trail cannot cure missing witnesses, notarization, testamentary capacity, or other execution defects.

Questions about preparing Their Will Form

These answers distinguish digital preparation from the state-law execution of a will.

Wills are excluded from the federal ESIGN Act’s electronic-record provisions. A signNow audit trail can document preparation activity, but it does not make a will electronically executable. Follow the signing, witnessing, and notarization rules of the governing state.

The signNow Business plan includes legally binding eSignatures and audit trails for eligible documents, but a will remains a statutory exception. Use the plan for preparation records only, then complete the required wet-ink or approved state process.

If a will requires two witnesses, do not treat email delivery or an audit-trail entry as a substitute. Arrange the witnesses and any notary required by the governing state, then retain the properly executed original.

signNow can capture document history and signer activity for eligible electronic records. It cannot determine whether a state accepts remote witnessing, notarization, or electronic wills. Verify the current rule with the state’s legislature, Secretary of State, or probate authority.

Use signNow’s audit trail to preserve upload, access, and document-history evidence, but retain the signed original according to estate-planning advice and state probate requirements. The audit trail supplements, rather than replaces, the legally executed will.

Consumer-facing electronic records may require disclosure and consent under 15 U.S.C. §7001(c), including access to electronic records and paper alternatives. Those requirements do not remove the ESIGN exclusion for wills or override stricter state formalities.

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