Skip to content
Oakclause

Will Witness Requirements by State

A will is valid only if it is signed the way state law requires. In nearly every state that means signing in front of witnesses, who sign too. Many states also let the testator and witnesses sign a self-proving affidavit so the court can accept the will without tracking the witnesses down later.

49 states and DC compared. Last checked .

Compare will witness requirements

Some states also accept a will written and signed entirely in the testator's own handwriting (a holographic will) without witnesses.

50 of 50 shown

Sources
ALAlabama2 witnessesAllowedNot recognized
AKAlaska2 witnessesAllowedRecognized
AZArizona2 witnessesAllowedRecognized
ARArkansas2 witnessesAllowedRecognized
CACalifornia2 witnessesWitness affidavitRecognized
COColorado2 witnessesAllowedRecognized
CTConnecticut2 witnessesAllowedNot recognized
DEDelaware2 witnessesAllowedNot recognized
DCDistrict of Columbia2 witnessesNo statutory procedureNot recognized
FLFlorida2 witnessesAllowedNot recognized
GAGeorgia2 witnessesAllowedNot recognized
HIHawaii2 witnessesAllowedRecognized
IDIdaho2 witnessesAllowedRecognized
ILIllinois2 witnessesWitness affidavitNot recognized
INIndiana2 witnessesWitness affidavitNot recognized
IAIowa2 witnessesAllowedNot recognized
KSKansas2 witnessesAllowedNot recognized
KYKentucky2 witnessesAllowedRecognized
LALouisiana2 witnessesAllowedRecognized
MEMaine2 witnessesAllowedRecognized
MDMaryland2 witnessesNo statutory procedureLimited cases only
MAMassachusetts2 witnessesAllowedNot recognized
MIMichigan2 witnessesAllowedRecognized
MNMinnesota2 witnessesAllowedNot recognized
MSMississippi2 witnessesAllowedRecognized
MOMissouri2 witnessesAllowedNot recognized
MTMontana2 witnessesAllowedRecognized
NENebraska2 witnessesAllowedRecognized
NVNevada2 witnessesAllowedRecognized
NJNew Jersey2 witnessesAllowedRecognized
NMNew Mexico2 witnessesAllowedNot recognized
NYNew York2 witnessesAllowedLimited cases only
NCNorth Carolina2 witnessesAllowedRecognized
NDNorth Dakota2 witnessesAllowedRecognized
OHOhio2 witnessesNo statutory procedureNot recognized
OKOklahoma2 witnessesAllowedRecognized
OROregon2 witnessesAllowedNot recognized
PAPennsylvaniaNone at signingAllowedRecognized
RIRhode Island2 witnessesAllowedLimited cases only
SCSouth Carolina2 witnessesAllowedNot recognized
SDSouth Dakota2 witnessesAllowedRecognized
TNTennessee2 witnessesAllowedRecognized
TXTexas2 witnessesAllowedRecognized
UTUtah2 witnessesAllowedRecognized
VTVermont2 witnessesAllowedNot recognized
VAVirginia2 witnessesAllowedRecognized
WAWashington2 witnessesAllowedNot recognized
WVWest Virginia2 witnessesAllowedRecognized
WIWisconsin2 witnessesAllowedNot recognized
WYWyoming2 witnessesAllowedRecognized

New Hampshire is not listed because we could not confirm the current statute text.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.

What this means in practice

Sign the will in front of all the witnesses at the same time and have them sign right after you. Many people choose adult witnesses who receive nothing under the will, which avoids questions later.

Keep the signed original somewhere safe and tell your executor where it is. A copy is usually not enough to probate a will.

Changing a will later takes the same formalities: sign a codicil or a new will with witnesses, rather than writing changes on the original.

Related documents

Will Witness Requirements: state by state

Frequently asked questions

How many witnesses does a will need?

Two in 49 of the 50 jurisdictions we checked. None at signing in most cases. Pennsylvania generally requires only a written will signed at the end by the testator, with no attesting witnesses at signing, but two competent witnesses must prove the will at probate unless it is self-proved.

Which states recognize handwritten (holographic) wills?

27 jurisdictions recognize them: Alaska, Arizona, Arkansas, California, Colorado, Hawaii, Idaho, Kentucky, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming.

What is a self-proving affidavit?

A sworn statement signed with the will that lets a court accept it without calling the witnesses to testify. 47 of the 50 jurisdictions we checked provide one; District of Columbia, Maryland and Ohio have no statutory procedure. In California, Illinois and Indiana the procedure is a statement signed by the witnesses, with no notary required.

Other state law guides