Will Signing Requirements For Every State

Does a will need to be witnessed? If so, by how many persons? Does the will also need to be notarized? Check the list below for the requirements of the state in which the will is being signed. In most cases the will needs only to be witnessed by two persons not related to the person signing the will or named in the will as a beneficiary.

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Witnesses to a will must be 18 years or older and must also be “of sound mind”. The person must understand exactly what is going on in case the will is later contested in court. The witness must also be “disinterested” in the will itself. The person cannot be related to the person signing the will or named as a beneficiary in the will. As a general rule, if a beneficiary of the will also serves as a witness, the court will throw out any inheritance left to the witness.

Most states consider a will to be “self-proving” if it was signed by the grantor as well as witnessed by two witnesses. The witnesses must sign the will attesting to the fact that they watched the person sign the will.

Some states do not allow for self-proving wills. In the Washington DC, Vermont, Maryland, and Ohio, self-proving wills are not recognized. In California, Indiana, and New Hampshire, it’s not necessary to have a separate affidavit for witnesses to sign. The will itself usually includes a statement verifying that the witnesses state that, to the best of their knowledge, the grantor was of legal age, not under undue influence, and mentally competent to sign the will.

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Will Signing Requirements By State

State# of Witnesses RequiredState Code or Statute
Alabamatwo witnessesTitle 43, Chapter 8
Alaskatwo witnessesTitle 13, Chapter 12
Arizonatwo witnessesTitle 14
Arkansastwo witnessesTitle 28
Californiatwo witnessesSections 6100 to 6139
Coloradotwo witnesses or notaryTitle 15
Connecticuttwo witnessesChapter 802a
Delawaretwo witnessesTitle 12
Floridatwo witnessesChapter 732
Georgiatwo witnessesTitle 53
Hawaiitwo witnessesChapter 560
Idahotwo witnessesTitle 15
Illinoistwo witnesses 755 ILCS 5
Indianatwo witnessesTitle 29
Iowatwo witnessesChapter 633
Kansastwo witnessesChapter 59
Kentuckytwo witnessesChapter 394
Louisianatwo witnesses and notaryCC 1570
Mainetwo witnessesTitle 18-A, Article 2
Marylandtwo witnesses Title 4
Massachusettstwo witnessesChapter 190B
Michigantwo witnessesAct 386 of 1998
Minnesotatwo witnessesChapter 524
Mississippitwo witnessesTitle 91, Chapter 5
Missouritwo witnessesChapter 474
Montanatwo witnessesTitle 72
Nebraskatwo witnessesChapter 30
Nevadatwo witnessesTitle 12
New Hampshiretwo witnessesChapter 551
New Jerseytwo witnessesTitle 3B
New Mexicotwo witnessesChapter 45
New Yorktwo witnessesEstates, Powers & Trusts
North Carolinatwo witnessesChapter 31
North Dakotatwo witnessesChapter 31
Ohiotwo witnessesChapter 2107
Oklahomatwo witnessesTitle 84
Oregontwo witnessesChapter 112
Pennsylvaniatwo witnessesTitle 20
Rhode Islandtwo witnessesTitle 33
South Carolinatwo witnessesTitle 62
South Dakotatwo witnessesChapter 29
Tennesseetwo witnessesTitle 32
Texastwo witnessesEstates Code
Utahtwo witnessesTitle 75
Vermonttwo witnessesTitle 14
Virginiatwo witnessesTitle 64.2
Washingtontwo witnessesTitle 11
West Virginiatwo witnessesChapter 41
Wisconsintwo witnessesChapter 853
Wyomingtwo witnessesTitle 2