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.
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.
Will Signing Requirements By State
State | # of Witnesses Required | State Code or Statute |
---|---|---|
Alabama | two witnesses | Title 43, Chapter 8 |
Alaska | two witnesses | Title 13, Chapter 12 |
Arizona | two witnesses | Title 14 |
Arkansas | two witnesses | Title 28 |
California | two witnesses | Sections 6100 to 6139 |
Colorado | two witnesses or notary | Title 15 |
Connecticut | two witnesses | Chapter 802a |
Delaware | two witnesses | Title 12 |
Florida | two witnesses | Chapter 732 |
Georgia | two witnesses | Title 53 |
Hawaii | two witnesses | Chapter 560 |
Idaho | two witnesses | Title 15 |
Illinois | two witnesses | 755 ILCS 5 |
Indiana | two witnesses | Title 29 |
Iowa | two witnesses | Chapter 633 |
Kansas | two witnesses | Chapter 59 |
Kentucky | two witnesses | Chapter 394 |
Louisiana | two witnesses and notary | CC 1570 |
Maine | two witnesses | Title 18-A, Article 2 |
Maryland | two witnesses | Title 4 |
Massachusetts | two witnesses | Chapter 190B |
Michigan | two witnesses | Act 386 of 1998 |
Minnesota | two witnesses | Chapter 524 |
Mississippi | two witnesses | Title 91, Chapter 5 |
Missouri | two witnesses | Chapter 474 |
Montana | two witnesses | Title 72 |
Nebraska | two witnesses | Chapter 30 |
Nevada | two witnesses | Title 12 |
New Hampshire | two witnesses | Chapter 551 |
New Jersey | two witnesses | Title 3B |
New Mexico | two witnesses | Chapter 45 |
New York | two witnesses | Estates, Powers & Trusts |
North Carolina | two witnesses | Chapter 31 |
North Dakota | two witnesses | Chapter 31 |
Ohio | two witnesses | Chapter 2107 |
Oklahoma | two witnesses | Title 84 |
Oregon | two witnesses | Chapter 112 |
Pennsylvania | two witnesses | Title 20 |
Rhode Island | two witnesses | Title 33 |
South Carolina | two witnesses | Title 62 |
South Dakota | two witnesses | Chapter 29 |
Tennessee | two witnesses | Title 32 |
Texas | two witnesses | Estates Code |
Utah | two witnesses | Title 75 |
Vermont | two witnesses | Title 14 |
Virginia | two witnesses | Title 64.2 |
Washington | two witnesses | Title 11 |
West Virginia | two witnesses | Chapter 41 |
Wisconsin | two witnesses | Chapter 853 |
Wyoming | two witnesses | Title 2 |