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 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.

Sponsored Ad

Most states consider a will to be “self-proved” 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-proved wills. In Washington DC, Vermont, Maryland, and Ohio, self-proved 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

Alabamatwo (2)Title 43, Chapter 8
Alaskatwo (2)Title 13, Chapter 12
Arizonatwo (2)Title 14
Arkansastwo (2)Title 28
Californiatwo (2)Sections 6100 to 6139
Coloradotwo (2) witnesses or notaryTitle 15
Connecticuttwo (2)Chapter 802a
Delawaretwo (2)Title 12
Floridatwo (2)Chapter 732
Georgiatwo (2)Title 53
Hawaiitwo (2)Chapter 560
Idahotwo (2)Title 15
Illinoistwo (2)755 ILCS 5
Indianatwo (2)Title 29
Iowatwo (2)Chapter 633
Kansastwo (2)Chapter 59
Kentuckytwo (2)Chapter 394
Louisianatwo (2) witnesses AND notaryCC 1570
Mainetwo (2)Title 18-A, Article 2
Marylandtwo (2)Title 4
Massachusettstwo (2)Chapter 190B
Michigantwo (2)Act 386 of 1998
Minnesotatwo (2)Chapter 524
Mississippitwo (2)Title 91, Chapter 5
Missouritwo (2)Chapter 474
Montanatwo (2)Title 72
Nebraskatwo (2)Chapter 30
Nevadatwo (2)Title 12
New Hampshiretwo (2)Chapter 551
New Jerseytwo (2)Title 3B
New Mexicotwo (2)Chapter 45
New Yorktwo (2)Estates, Powers & Trusts
North Carolinatwo (2)Chapter 31
North Dakotatwo (2)Chapter 31
Ohiotwo (2)Chapter 2107
Oklahomatwo (2)Title 84
Oregontwo (2)Chapter 112
Pennsylvaniatwo (2)Title 20
Rhode Islandtwo (2)Title 33
South Carolinatwo (2)Title 62
South Dakotatwo (2)Chapter 29
Tennesseetwo (2)Title 32
Texastwo (2)Estates Code
Utahtwo (2)Title 75
Vermonttwo (2)Title 14
Virginiatwo (2)Title 64.2
Washingtontwo (2)Title 11
West Virginiatwo (2)Chapter 41
Wisconsintwo (2)Chapter 853
Wyomingtwo (2)Title 2
0/5 (0 Reviews)