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