50-State Surveys › Personal Property Memorandum Requirements by State
Personal Property Memorandum Requirements by State
May a will use a separate writing or list to distribute tangible personal property, what property may it cover, what reference, signature, handwriting, dating, and identification rules apply, and how may the writing be changed or used in probate?
51 of 51 jurisdictions verified
every entry statute-checked, oldest 2026-08-11
What this survey covers
A personal property memorandum is a separate writing that a will uses to direct who receives specified tangible items. The device can make later changes to gifts of household and personal property possible without executing a new will, but only within the boundaries set by current state law.
This survey keeps the will reference, eligible property, execution of the separate writing, identification, timing, later changes, and probate effect in separate columns. It does not decide who owns an item, what an item is worth, or whether a separate title, firearms, tax, or transfer procedure applies.
Why eight separate columns are necessary
Florida requires the decedent's will to refer to the writing, excludes property used in trade or business, requires the testator's signature and reasonably certain item and devisee descriptions, permits preparation and alteration before or after the will, and makes the most recent writing control an inconsistency. Fla. Stat. § 732.515 (accessed 2026-08-11).
Michigan excludes money and makes handwriting an alternative to a signature. A writing that is not in the testator's handwriting must be signed at the end, and the items and devisees must be described with reasonable certainty. The writing may be prepared or altered before or after the will. Mich. Comp. Laws § 700.2513 (accessed 2026-08-11).
Wyoming separately excludes money, evidence of debt, title documents, securities, and trade-or-business property. Its writing must be dated and either handwritten or signed, and every later alteration must itself be signed and dated. Wyo. Stat. Ann. § 2-6-124 (accessed 2026-08-11).
Those are independent rules. A state may recognize the same basic device while changing the property boundary, treating handwriting as a signature alternative, imposing a date or signature-placement rule, or giving a missing formality a consequence short of total invalidity.
How to read the table
Start with governing law and the will-reference column. The separate writing does not operate by itself where current law requires an operative will to refer to it.
Then read property scope with execution and identification. A physically tangible item can still be excluded because it is money, a security, a title document, business property, or over a statutory value ceiling. Handwriting, signature, signature placement, and dating rules also vary independently.
Finish with timing, later changes, and probate use. A writing may be prepared after the will yet still need the will's advance reference. A later writing may control only an inconsistency, and a missing date or signature may create an evidentiary or priority problem rather than the same consequence in every state.
Get this answered for your state
This survey compares every state side by side. Ask about your specific situation and see what your state's law says, with citations to the statutes.
Scroll sideways in the table to see all columns →
| State | Governing law and device recognized | Will reference required | Eligible property and exclusions | Signature, handwriting, and date | Item and devisee identification | Timing before or after the will | Alteration, replacement, and conflict priority | Probate use, effect, and failure consequence |
|---|---|---|---|---|---|---|---|---|
| Alabama verified 2026-08-11 | Limited statutory route: fixed incorporation by reference under Ala. Code § 43-8-139, not a freely updatable memorandum |
Yes; will must manifest incorporation intent and describe the existing writing sufficiently for identification (§ 43-8-139) |
No memorandum-specific tangible-property definition, exclusion list, or value cap; § 43-8-139 is a general incorporation rule |
No separate handwriting, signature, witness, or date condition for the incorporated writing; incorporating will must satisfy § 43-8-131 |
No personal-property item-and-recipient formula; the will must describe the writing sufficiently to permit its identification (§ 43-8-139) |
Writing must exist when the will is executed; later acts/events work only if independently significant (§§ 43-8-139, -141) |
No casual later-list update or memorandum priority rule; a later will may revoke or revise the earlier will (§§ 43-8-1(34), -136) |
Qualifying writing is incorporated into the will; § 43-8-139 states no separate filing, delivery, lapse, savings, or priority rule |
| Alaska verified 2026-08-11 | Yes—separate written statement or list under Alaska Stat. § 13.12.513 |
Yes; the will must refer to the writing and may describe it as one to exist at the testator's death (§ 13.12.513) |
Tangible personal property not otherwise specifically disposed of; expressly excludes money. No other express exclusion or value cap (§ 13.12.513) |
Testator must sign; handwriting alone is not an alternative. No date, witness, notary, or signature-placement condition stated (§ 13.12.513) |
Items and devisees must be described with reasonable certainty (§ 13.12.513) |
May be prepared before or after will execution and may have no significance apart from the testamentary disposition (§ 13.12.513) |
Testator may alter the writing after preparation; no required alteration formality, replacement method, or priority rule for conflicting writings stated (§ 13.12.513) |
Qualifying writing is admissible as evidence of intended disposition; no separate filing, delivery, lapse, or savings rule stated (§ 13.12.513) |
| Arizona verified 2026-08-11 | Yes; separate written statement or list under A.R.S. § 14-2513 |
Yes; will must refer to the written statement or list and may describe it as one to exist at death (§ 14-2513(A), (C)) |
Tangible personal property other than money, and only property not otherwise specifically disposed of by the will (§ 14-2513(A)) |
Either in testator's handwriting or signed by testator; no date, signature-placement, witness, or notary condition stated (§ 14-2513(B)) |
Items and devisees must be described with reasonable certainty (§ 14-2513(B)) |
May be prepared before or after will execution and may have no significance apart from the will's dispositions (§ 14-2513(C)) |
May be altered after preparation; resulting writing must still satisfy handwriting-or-signature rule; no dating or competing-writing priority rule stated |
Qualifying writing is admissible as evidence of intended disposition; § 14-2513 states no separate filing, delivery, lapse, or savings rule |
| Arkansas verified 2026-08-11 | Yes—written statement or list under Ark. Code Ann. § 28-25-107(b) |
Yes; the will must refer to the statement or list and may describe it as one to exist at the testator's death (§ 28-25-107(b)(1), (3)(A)) |
Tangible personal property not otherwise specifically disposed of; excludes money, debt evidence, title documents, securities, and trade-or-business property. No value cap stated (§ 28-25-107(b)(1)) |
Either in the testator's handwriting or signed by the testator; no date, witness, notary, or signature-placement condition stated (§ 28-25-107(b)(2)) |
Items and devisees must be described with reasonable certainty (§ 28-25-107(b)(2)) |
May be prepared before or after will execution and need have no significance apart from the will (§ 28-25-107(b)(3)) |
Testator may alter the writing after preparation; no replacement method or priority rule for conflicting writings stated (§ 28-25-107(b)(3)(C)) |
Qualifying writing is admissible as evidence of intended disposition; no separate filing, delivery, lapse, or savings rule stated (§ 28-25-107(b)(2)) |
| California verified 2026-08-11 | Yes; will-referenced writing under Cal. Prob. Code § 6132 |
An unrevoked will must refer to the writing (§ 6132(a)(1)) |
Personal/household/use/ornament and listed investment items; exclusions; $25,000 total and $5,000 per item (§ 6132(a), (g)-(h)) |
Dated and handwritten or signed; limited evidence, conflict, and capacity rules for omissions (§ 6132(a)(2), (b), (e)) |
Items and recipients described with reasonable certainty (§ 6132(a)(3)) |
May be written or signed before or after the will; no independent significance needed (§ 6132(c)) |
Later handwritten or signed changes allowed; most recent writing controls an inconsistency (§ 6132(d)-(e)) |
Treated as in will; filing required; lapse if recipient dies without further direction; over-$5,000 item goes to remainder (§ 6132(c), (f)-(g)) |
| Colorado verified 2026-08-11 | Yes; separate written statement or list under C.R.S. § 15-11-513 |
Yes; will must refer to the written statement or list and may describe it as one to exist at death (§ 15-11-513) |
Tangible personal property other than money, and only property not otherwise specifically disposed of by the will (§ 15-11-513) |
Either in testator's handwriting or signed by testator; no date, witness, notary, or signature-placement condition stated (§ 15-11-513) |
Items and devisees must be described with reasonable certainty (§ 15-11-513) |
May be prepared before or after will execution and may have no significance apart from the will's dispositions (§ 15-11-513) |
May be altered after preparation; resulting writing must still satisfy handwriting-or-signature rule; no dating or competing-writing priority rule stated |
Qualifying writing is admissible as evidence of intended disposition; § 15-11-513 states no separate filing, delivery, lapse, or savings rule |
| Connecticut verified 2026-08-11 | No general personal-property-list device; Connecticut rejects dispositive incorporation by reference (§ 45a-251; Hatheway) |
A reference is insufficient to create the gift; the executed will or codicil must itself express the bequest's subject and object (Hatheway) |
N/A—no memorandum-specific tangible-property scope, exclusion list, or value cap; § 45a-260 separately governs qualifying trust pour-overs |
No relaxed memorandum form; a Connecticut will or codicil must be written, subscribed by the testator, and attested by two witnesses in the testator's presence (§ 45a-251). No statutory date or handwriting alternative |
The executed instrument must denote the property and recipient; an outside paper may identify a person or item already bequeathed, but cannot create a missing gift (Hatheway) |
No before-or-after list route; even a preexisting unattested dispositive memorandum cannot be imported. The trust exception in § 45a-260 has its own timing rule |
A binding gift change requires a later valid will or codicil; § 45a-257 recognizes revocation by a later will or codicil, not by an informal replacement list |
An outside dispositive paper is not part of the will and cannot prove a bequest; if the executed instrument contains no gift, the intended disposition fails (Bryan; Hatheway) |
| Delaware verified 2026-08-11 | Yes—separate written statement or list under 12 Del. C. § 212 |
Yes; the will must refer to the writing and may describe it as one to exist at the testator's death (§ 212) |
Tangible personal property not otherwise specifically disposed of; excludes money, debt evidence, title documents, securities, and trade-or-business property. No value cap (§ 212) |
Handwritten by or signed by testator; date is not always required, but only dated writings receive latest-date priority in a conflict. No witness, notary, or signature-placement rule (§ 212) |
Items and legatees must be identified with reasonable certainty (§ 212(1)) |
May be prepared before or after will execution and may have no significance apart from the testamentary disposition (§ 212) |
May be altered; cannot contradict the will. Conflicting writings fail unless dated, when the latest date controls; consistent portions are saved (§ 212(2)-(3)) |
Qualifying provisions are admissible as evidence; inconsistent provisions are excluded while consistent provisions in the same writing remain admissible. No separate filing, delivery, or lapse rule (§ 212) |
| District of Columbia verified 2026-08-11 | No general separate-writing device in current D.C. Code tit. 18; ordinary or electronic will law applies |
N/A—Title 18 has no statute making a will's reference to an informal property list effective |
No memorandum-specific tangible-property definition, exclusion list, or value cap |
No memorandum formality; paper will/codicil route uses signature plus 2 witnesses (§ 18-103); electronic route has separate rules (§ 18-905) |
No memorandum-specific item-and-recipient identification rule |
No statutory before-or-after-will list route |
No informal alteration or priority rule; use an ordinary will/codicil or Chapter 9's electronic-record routes (§§ 18-103, 18-905-.906, 18-109) |
No special memorandum admissibility or filing rule; Chapter 9 harmless error requires clear and convincing proof of testamentary intent (§ 18-906) |
| Florida verified 2026-08-11 | Yes; separate writing or list under Fla. Stat. § 732.515 |
The decedent's will must refer to the writing or list (§ 732.515) |
Tangible personal property not otherwise specifically disposed of; excludes trade-or-business property (§ 732.515) |
Testator signature required; no handwriting, date, witness, or notary condition stated (§ 732.515) |
Items and devisees described with reasonable certainty (§ 732.515) |
May be prepared before or after the will and need no independent significance (§ 732.515) |
May be altered; most recent otherwise effective writing controls only conflicts (§ 732.515) |
Admissible as evidence when requirements are met; no separate filing or delivery procedure stated (§ 732.515) |
| Georgia verified 2026-08-11 | Yes; statutory written statement or list under O.C.G.A. § 53-4-5 |
Yes; will must refer to the writing and may describe it as one to exist at the testator's death (§ 53-4-5(b)(3)) |
Tangible personal property other than money, and only property not otherwise specifically disposed of by the will (§ 53-4-5(a)) |
Must be signed and dated by testator; no handwriting, witness, notarization, or signature-placement condition stated (§ 53-4-5(b)(1)) |
Items and recipients must be described with reasonable certainty (§ 53-4-5(b)(2), as amended 2025) |
May be prepared before or after will execution and may have no significance apart from the will's dispositions (§ 53-4-5(b)(3)) |
May be altered, but alteration must be signed and dated on alteration date; more recent effective writing revokes inconsistent prior terms only to extent of conflict (§ 53-4-5(a), (b)(3)) |
Qualifying writing disposes of covered items but is not the will or part of it; § 53-4-5 states no probate-filing or delivery step (§ 53-4-5(a), (c)) |
| Hawaii verified 2026-08-11 | Yes—separate written statement or list under Haw. Rev. Stat. § 560:2-513 |
Yes; the will must refer to the writing and may describe it as one to exist at the testator's death (§ 560:2-513) |
Tangible personal property not otherwise specifically disposed of; expressly excludes money. No other express exclusion or value cap (§ 560:2-513) |
Testator must sign; handwriting alone is not an alternative. No date, witness, notary, or signature-placement condition stated (§ 560:2-513) |
Items and devisees must be described with reasonable certainty (§ 560:2-513) |
May be prepared before or after will execution and may have no significance apart from the testamentary disposition (§ 560:2-513) |
Testator may alter the writing after preparation; no required alteration formality, replacement method, or priority rule for conflicting writings stated (§ 560:2-513) |
Qualifying writing is admissible as evidence of intended disposition; no separate filing, delivery, lapse, or savings rule stated (§ 560:2-513) |
| Idaho verified 2026-08-11 | Yes—written statement or list under Idaho Code § 15-2-513 |
Yes; the will must refer to the statement or list and may describe it as one to exist at the testator's death (§ 15-2-513) |
Tangible personal property not otherwise specifically disposed of; excludes money, debt evidence, title documents, securities, and trade-or-business property. No value cap (§ 15-2-513) |
Handwritten by or signed by testator; no date, signature-placement, witness, or notarization rule stated (§ 15-2-513) |
Items and devisees must be described with reasonable certainty (§ 15-2-513) |
May be prepared before or after will execution and may have no significance apart from the testamentary disposition (§ 15-2-513) |
Testator may alter the writing after preparation; no special alteration formality or competing-writing priority rule stated (§ 15-2-513) |
Compliant writing is admissible as evidence of intended disposition; no separate filing, delivery, lapse, or residuary rule stated (§ 15-2-513) |
| Illinois verified 2026-08-11 | Limited common-law route: fixed incorporation by reference, not a freely updatable statutory memorandum (Estate of Phelan) |
Yes; will must refer to the writing as existing, reasonably identify it, and show intent to incorporate it (Phelan, 375 Ill. App. 3d at 259-61) |
No memorandum-specific tangible-property definition, exclusion list, or value cap; incorporation is a general extrinsic-document doctrine |
No memorandum-specific handwriting, signature, witness, or date statute; the paper need not be executed as a will, but the incorporating will must satisfy § 4-3 |
No separate reasonable-certainty formula; the paper must correspond to the will's description and be proved to be the paper referenced |
Writing must actually exist when the will is executed; a future writing cannot be incorporated (Phelan) |
No casual later-list update; an alteration is ineffective unless the will is thereafter signed and attested, or a later will supplies the change (§§ 4-7(a), 4-9) |
Qualifying paper becomes part of the will as if copied into it; a failed incorporation leaves disposition to the will or, if property is not bequeathed, intestacy (§§ 4-13, 4-14) |
| Indiana verified 2026-08-11 | Yes; separate written statement or list under IC 29-1-6-1(m) |
Yes; will must refer to the writing, which may be prepared after will execution (IC 29-1-6-1(m)) |
Tangible personal property not otherwise specifically disposed of; expressly excludes property used in trade or business; no other asset exclusions listed (IC 29-1-6-1(m)) |
Testator must sign; handwriting alone is insufficient; no date, signature-placement, witness, or notary condition stated (IC 29-1-6-1(m)) |
Items and beneficiaries must be described with reasonable certainty (IC 29-1-6-1(m)) |
May be prepared before or after will execution and may have no significance apart from the will's dispositions (IC 29-1-6-1(m)) |
May be altered; among multiple otherwise-effective writings, most recent controls inconsistencies; no date or alteration ceremony stated (IC 29-1-6-1(m)) |
Qualifying signed writing is admissible evidence of intended disposition; subsection states no separate filing, delivery, liability shield, lapse, or savings rule |
| Iowa verified 2026-08-11 | Yes—written statement, letter, or list under Iowa Code § 633.276 |
Yes; the will must refer to the writing and may describe it as one to exist at the testator's death (§ 633.276) |
Tangible personal property not otherwise specifically disposed of; excludes trade-or-business property. Includes household goods, furnishings, furniture, personal effects, clothing, jewelry, books, art, ornaments, and automobiles; no value cap stated (§ 633.276) |
Must be dated and either in the testator's handwriting or signed by the testator; no witness, notary, or signature-placement condition stated (§ 633.276) |
Items and distributees must be described with reasonable certainty (§ 633.276) |
May be prepared before or after will execution and need have no significance apart from the will (§ 633.276) |
Testator may alter, add to, or change the writing in any respect; no replacement method or conflict-priority rule stated (§ 633.276) |
Personal representative must distribute qualifying listed items; property passes as a specific bequest under the will. No separate filing, delivery, lapse, or savings rule stated (§ 633.276) |
| Kansas verified 2026-08-11 | Yes—written statement or list under K.S.A. § 59-623 |
Yes; the will must refer to the statement or list and may describe it as one to exist at the testator's death (§ 59-623) |
Tangible personal property not otherwise specifically disposed of; excludes money, debt evidence, title documents, securities, and trade-or-business property. No value cap stated (§ 59-623) |
Either in the testator's handwriting or signed by the testator; no date, witness, notary, or signature-placement condition stated (§ 59-623) |
Items must be described with reasonable certainty; the section states no separate reasonable-certainty formula for identifying recipients (§ 59-623) |
May be prepared before or after will execution and may be described as one to exist at death (§ 59-623) |
Testator may alter the writing after preparation; no required alteration formality, replacement method, or priority rule for conflicting writings stated (§ 59-623) |
Qualifying writing is admissible as evidence of intended disposition; no separate filing, delivery, lapse, or savings rule stated (§ 59-623) |
| Kentucky verified 2026-08-11 | Limited common-law incorporation route, not a freely updatable statutory memorandum (Stouse; current KRS ch. 394 index) |
Yes; a valid will must identify the existing writing clearly and certainly (Tuttle; Stouse) |
No memorandum-specific tangible-property definition, exclusion list, or value cap; incorporation is a general extrinsic-writing doctrine |
No separate memorandum statute; Tuttle addresses even an unexecuted paper if clearly identified, while the incorporating will must satisfy § 394.040 |
No personal-property item-and-recipient formula; the will must clearly and certainly identify the separate writing (Tuttle) |
Writing must exist when the will is executed; Stouse upheld a document executed immediately before the same-day will |
Later informal amendments are disregarded; binding changes require will formalities (Stouse; § 394.080) |
Qualifying writing becomes part of the will; the will is not evidence until probated (§ 394.130), and Chapter 394 states no separate-list procedure |
| Louisiana verified 2026-08-11 | No separate memorandum device; dispositions at death require an authorized testament, and only olographic or notarial forms exist (C.C. arts. 1570, 1574) |
No special reference rule; mentioning an informal list does not create a third testament form |
N/A—no memorandum-specific tangible-property category, exclusion list, or value cap |
No memorandum formality; binding writing must be an olographic or notarial testament meeting arts. 1575 or 1576 |
No memorandum-specific item-and-recipient certainty formula; binding dispositions belong in a valid testament |
N/A—no later-list statute; a later binding disposition must itself use an authorized testament form (arts. 1570, 1574) |
No memorandum update or priority rule; handwritten on-document changes have art. 1575(D)'s narrow rule, and other modifications require testament form (art. 1610) |
No independent statutory effect or filing route; failure to observe testament formalities makes the attempted testament absolutely null (art. 1573) |
| Maine verified 2026-08-11 | Yes—separate written statement or list under 18-C M.R.S. § 2-512 |
Yes; the will must refer to the writing and may describe it as one to exist at the testator's death (§ 2-512) |
Tangible personal property not otherwise specifically disposed of; expressly excludes money. No other express exclusion or value cap (§ 2-512) |
Handwritten by or signed by testator; no date, signature-placement, witness, or notarization rule stated (§ 2-512) |
Items and devisees must be described with reasonable certainty (§ 2-512) |
May be prepared before or after will execution and may have no significance apart from the testamentary disposition (§ 2-512) |
Testator may alter the writing after preparation; no special alteration formality or competing-writing priority rule stated (§ 2-512) |
Qualifying writing is admissible as evidence of intended disposition; no separate filing, delivery, lapse, or savings rule stated (§ 2-512) |
| Maryland verified 2026-08-11 | Limited statutory route: fixed incorporation by reference under Md. Code, Est. & Trusts § 4-107, not a freely updatable personal-property-list device |
Yes; will language must manifest intent to incorporate and describe the writing sufficiently for identification (§ 4-107) |
No memorandum-specific tangible-property definition, exclusion list, or value cap; § 4-107 applies to the terms of any existing writing |
No independent handwriting, signature, witness, or date rule for the incorporated writing in § 4-107; the incorporating will or codicil must satisfy §§ 4-101(k) and 4-102 |
No personal-property item-or-recipient formula; § 4-107 instead requires the will to describe the separate writing sufficiently to identify it |
Writing must be in existence when the will is executed; a later-created list cannot be incorporated by the old will (§ 4-107) |
No casual later-list update or statutory conflict-priority rule; use a new properly executed will or codicil to incorporate a replacement (§§ 4-101(k), 4-102, 4-107) |
Qualifying terms are incorporated into the will; § 4-107 states no separate memorandum filing, delivery, lapse, or savings rule |
| Massachusetts verified 2026-08-11 | Yes; separate written statement or list under G.L. c. 190B, § 2-513 |
Yes; will must refer to the written statement or list and may describe it as one to exist at death (§ 2-513) |
Tangible personal property other than money, and only property not otherwise specifically disposed of by the will (§ 2-513) |
Testator must sign; handwriting alone is insufficient; no date, signature-placement, witness, or notary condition stated (§ 2-513) |
Items and devisees must be described with reasonable certainty (§ 2-513) |
May be prepared before or after will execution and may have no significance apart from the will's dispositions (§ 2-513) |
May be altered after preparation; operative writing must remain signed and reasonably certain; no dating or competing-writing priority rule stated |
Qualifying signed writing is admissible as evidence of intended disposition; § 2-513 states no separate filing, delivery, lapse, or savings rule |
| Michigan verified 2026-08-11 | Yes; separate writing identifying devise of tangible personal property under MCL § 700.2513 |
Yes; will must refer to the written statement or list and may describe it as one to exist at death (§ 700.2513) |
Tangible personal property other than money, and only property not otherwise specifically disposed of by the will (§ 700.2513) |
Either in testator's handwriting or signed by testator at the end; no date, witness, or notary condition stated (§ 700.2513) |
Items and devisees must be described with reasonable certainty (§ 700.2513) |
May be prepared before or after will execution and may have no significance apart from the will's dispositions (§ 700.2513) |
May be altered after preparation; resulting writing must still satisfy handwriting-or-end-signature rule; no dating or competing-writing priority rule stated |
Qualifying writing is admissible as evidence of intended disposition; § 700.2513 states no separate filing, delivery, lapse, or savings rule |
| Minnesota verified 2026-08-11 | Yes; separate written statement or list under Minn. Stat. § 524.2-513 |
Yes; will must refer to the writing and may describe it as one to exist at death (§ 524.2-513) |
Tangible personal property not otherwise specifically disposed of; excludes money, coin collections, and trade-or-business property (§ 524.2-513) |
Either in testator's handwriting or signed by testator; no date, witness, notary, or signature-placement condition stated (§ 524.2-513) |
Items and devisees must be described with reasonable certainty (§ 524.2-513) |
May be prepared before or after will execution and need no independent significance (§ 524.2-513) |
May be altered; multiple writings allowed; most recent writing controls when the same item is given to different people (§ 524.2-513) |
Qualifying writing is admissible as evidence of intended disposition; no separate filing, delivery, lapse, or savings rule stated (§ 524.2-513) |
| Mississippi verified 2026-08-11 | Limited fixed-writing incorporation route, not a freely updatable statutory memorandum (Miss. Code Ann. § 91-5-1; Massingale) |
Yes for incorporation; the will must manifest intent to incorporate the existing writing and identify it with reasonable certainty (Massingale) |
No memorandum-specific tangible-property definition, exclusion list, or value cap; incorporation is a general extrinsic-writing doctrine |
No separate memorandum formality stated; an independently binding later will or codicil must be signed and, unless wholly handwritten and subscribed, witnessed by two credible witnesses (§ 91-5-1) |
No memorandum-specific item-and-recipient formula; the will must identify the separate writing with reasonable certainty (Massingale) |
Writing must already exist when the will is executed; no after-execution list route (Massingale) |
No informal alteration or conflict-priority rule; a later binding change requires a valid will or codicil under § 91-5-1 |
A qualifying existing writing may be incorporated into the will; an unincorporated separate dispositive paper must independently satisfy will or codicil formalities to bind (Massingale; § 91-5-1) |
| Missouri verified 2026-08-11 | Yes; separate written statement or list under RSMo § 474.333 |
Yes; will must refer to the written statement or list and may describe it as one to exist at death (§ 474.333) |
Tangible personal property not otherwise specifically disposed of; excludes money, debt evidence, title documents, securities, and trade-or-business property (§ 474.333) |
Must be in testator's handwriting or signed by testator, and must be dated; no witness, notary, or signature-placement condition stated (§ 474.333) |
Items and devisees must be described with reasonable certainty (§ 474.333) |
May be prepared before or after will execution and may have no significance apart from the will's dispositions (§ 474.333) |
May be altered after preparation; the operative writing must remain handwritten or signed and dated; no competing-writing priority rule stated |
Qualifying writing is admissible as evidence of intended disposition; § 474.333 states no separate filing, delivery, lapse, or savings rule |
| Montana verified 2026-08-11 | Yes—separate written statement or list under Mont. Code Ann. § 72-2-533 |
Yes; the will must refer to the writing and may describe it as one to exist at the testator's death (§ 72-2-533) |
Tangible personal property not otherwise specifically disposed of; expressly excludes money. No other express exclusion or value cap (§ 72-2-533) |
Testator must sign; handwriting alone is not an alternative. No date, witness, notary, or signature-placement condition stated (§ 72-2-533) |
Items and devisees must be described with reasonable certainty (§ 72-2-533) |
May be prepared before or after will execution and may have no significance apart from the testamentary disposition (§ 72-2-533) |
Testator may alter the writing after preparation; no required alteration formality, replacement method, or priority rule for conflicting writings stated (§ 72-2-533) |
Qualifying writing is admissible as evidence of intended disposition; no separate filing, delivery, lapse, or savings rule stated (§ 72-2-533) |
| Nebraska verified 2026-08-11 | Yes—written statement or list under Neb. Rev. Stat. § 30-2338 |
Yes; the will must refer to the statement or list and may describe it as one to exist at the testator's death (§ 30-2338) |
Tangible personal property not otherwise specifically disposed of; excludes money, debt evidence, title documents, securities, and trade-or-business property. No value cap (§ 30-2338) |
Handwritten by or signed by testator; must indicate date of writing/signing unless it is the only writing, has no inconsistency, or its date is otherwise determinable (§ 30-2338) |
Items and devisees must be described with reasonable certainty (§ 30-2338) |
May be prepared before or after will execution and may have no significance apart from the testamentary disposition (§ 30-2338) |
Testator may alter the writing; no newest-writing priority rule, but the date-and-inconsistency test governs admissibility of an undated writing (§ 30-2338) |
Qualifying writing is admissible as evidence; an undated writing is not automatically excluded if a statutory savings route applies. No separate filing, delivery, or lapse rule (§ 30-2338) |
| Nevada verified 2026-08-11 | Yes—written statement or list, including one in an electronic record, under NRS 133.045 |
Yes; will must refer to the statement or list, and the statement or list must itself reference the related will (§ 133.045(1)-(2)(c)) |
Tangible personal property not otherwise specifically disposed of; excludes money, debt evidence, title documents, securities, and trade-or-business property. No value cap stated (§ 133.045(1)) |
Must contain execution date, purpose-indicating title, and testator's handwritten or electronic signature; no witness, notary, or signature-placement condition stated (§ 133.045(2)(a)-(b), (e)) |
Must contain reasonably certain item descriptions and the names of devisees (§ 133.045(2)(d)) |
May be prepared before or after will execution, referred to as existing at death, and lack independent significance (§ 133.045(3)) |
Testator may alter the statement or list after preparation; no replacement method or priority rule for conflicting writings stated (§ 133.045(3)(c)) |
A statement or list containing all § 133.045(2) elements is admissible as evidence of intended disposition; no separate filing, delivery, lapse, or savings rule stated |
| New Hampshire verified 2026-08-11 | No general separate-writing device in RSA title LVI or ch. 551; ordinary will and codicil law applies (RSA 551:2) |
N/A—RSA title LVI has no statute making a will's reference to an informal property list effective |
No memorandum-specific tangible-property definition, exclusion list, or value cap |
No memorandum formality; a binding will or codicil must be written, signed, and attested by two credible witnesses (RSA 551:2) |
No memorandum-specific item-and-recipient identification rule |
No statutory before-or-after-will list route |
No informal alteration or priority rule; later binding change or revocation must follow ordinary will/codicil law (RSA 551:13) |
No special memorandum admissibility, filing, delivery, lapse, or fallback rule; a dispositive writing must qualify under ordinary will/codicil law |
| New Jersey verified 2026-08-11 | Yes; separate writing identifying devise of tangible personal property under N.J.S.A. § 3B:3-11 |
Yes; will must refer to the written statement or list and may describe it as one to exist at death (§ 3B:3-11) |
Tangible personal property other than money, and only property not otherwise specifically disposed of by the will (§ 3B:3-11) |
Either in testator's handwriting or signed by testator; no date, signature-placement, witness, or notary condition stated (§ 3B:3-11) |
Items and devisees must be described with reasonable certainty (§ 3B:3-11) |
May be prepared before or after will execution and may have no significance apart from the will's dispositions (§ 3B:3-11) |
May be altered after preparation; resulting writing must still satisfy handwriting-or-signature rule; no dating or competing-writing priority rule stated |
Qualifying writing is admissible as evidence of intended disposition; § 3B:3-11 states no separate filing, delivery, lapse, or savings rule |
| New Mexico verified 2026-08-11 | Yes—separate written statement or list under NMSA 1978, § 45-2-513 |
Yes; the will must refer to the writing and may describe it as one to exist at the testator's death (§ 45-2-513(A)) |
Tangible personal property not otherwise specifically disposed of; expressly excludes money. No other express exclusion or value cap (§ 45-2-513) |
Testator must sign; handwriting alone is not an alternative. No date, witness, notary, or signature-placement condition stated (§ 45-2-513) |
Items and devisees must be described with reasonable certainty (§ 45-2-513) |
May be prepared before or after will execution and may have no significance apart from the testamentary disposition (§ 45-2-513(B), (D)) |
Testator may alter the writing after preparation; no required alteration formality, replacement method, or priority rule for conflicting writings stated (§ 45-2-513(C)) |
Qualifying writing is admissible as evidence of intended disposition; no separate filing, delivery, lapse, or savings rule stated (§ 45-2-513) |
| New York verified 2026-08-11 | No general separate-writing device in current EPTL article 3 |
No special rule; a will reference alone does not activate a statutory memorandum device |
N/A—no memorandum-specific property category, exclusion list, or value ceiling |
No memorandum formality; ordinary current will requires end-signature and at least two witnesses (§ 3-2.1) |
No memorandum-specific certainty rule; binding dispositions belong in a will-formal instrument |
N/A—no later-list statute permitting preparation before or after the will |
No memorandum rule; alteration writing must clearly show intent and use will formalities (§ 3-4.1(a)(1)) |
No independent statutory effect or memorandum filing route; ordinary will law applies |
| North Carolina verified 2026-08-11 | Limited statutory route: fixed incorporation by reference under N.C. Gen. Stat. § 31-51, not a freely updatable personal-property-list device |
Yes; will language must manifest intent to incorporate and describe the writing sufficiently for identification (§ 31-51) |
No memorandum-specific tangible-property definition, exclusion list, or value cap; § 31-51 applies to a writing generally |
No independent handwriting, signature, witness, or date rule for the incorporated writing in § 31-51; the incorporating will must satisfy § 31-3.3 |
No personal-property item-or-recipient formula; § 31-51 instead requires the will to describe the separate writing sufficiently to identify it |
Writing must be in existence when the will is executed; a later-created list cannot be incorporated by the old will (§ 31-51) |
No casual later-list update or statutory conflict-priority rule; use a subsequent will, codicil, or other will-formal writing (§ 31-5.1) |
Qualifying writing is incorporated by reference; Article 9 states no separate filing or delivery step, and a nonexistent or insufficiently identified writing does not satisfy § 31-51 |
| North Dakota verified 2026-08-11 | Yes—separate written statement or list under N.D. Cent. Code § 30.1-08-13 |
Yes; the will must refer to the writing and may describe it as one to exist at the testator's death (§ 30.1-08-13) |
Tangible personal property not otherwise specifically disposed of; expressly excludes money. No other express exclusion or value cap (§ 30.1-08-13) |
Testator must sign; handwriting alone is not an alternative. No date, witness, notary, or signature-placement condition stated (§ 30.1-08-13) |
Items and devisees must be described with reasonable certainty (§ 30.1-08-13) |
May be prepared before or after will execution and may have no significance apart from the testamentary disposition (§ 30.1-08-13) |
Testator may alter the writing after preparation; no required alteration formality, replacement method, or priority rule for conflicting writings stated (§ 30.1-08-13) |
Qualifying writing is admissible as evidence of intended disposition; no separate filing, delivery, lapse, or savings rule stated (§ 30.1-08-13) |
| Ohio verified 2026-08-11 | Limited statutory route: fixed incorporation by reference under Ohio Rev. Code § 2107.05, not a freely updatable personal-property-list statute |
Yes; the will must refer to the document, book, record, or memorandum as being in existence when the will is executed (§ 2107.05(A)) |
No memorandum-specific tangible-property definition, exclusion list, or value cap; § 2107.05(A) is a general incorporation provision |
No separate handwriting, signature, witness, or date condition for the incorporated document in § 2107.05(A); the will must satisfy § 2107.03 |
No memorandum-specific item-or-devisee formula in § 2107.05(A); the statute prescribes existence, will reference, and probate deposit |
Document must exist when the will is executed; the old will cannot incorporate a document first created afterward (§ 2107.05(A)) |
No casual later-list update; a replacement must be brought in through a later will, codicil, or other will-formal writing (§ 2107.33(A)(4)-(5)) |
Deposit original when will is probated or within 30 days; good-cause extension allowed; certified correct copy may substitute; statute states no automatic-invalidity sentence (§ 2107.05(A)) |
| Oklahoma verified 2026-08-11 | Limited incorporation-by-reference route, not a freely updatable statutory memorandum (Miller; Hall; current Title 84 index) |
Yes; the will must reasonably identify the existing writing and show intent that it be incorporated or operate with the will (Miller; Hall) |
No memorandum-specific tangible-property definition, exclusion list, or value cap; incorporation is a general extrinsic-document doctrine |
No separate memorandum statute or independent signature, handwriting, or date formula; the incorporating will and any binding later change remain subject to will law |
No personal-property item-and-recipient formula; the will must reasonably identify the separate document, whose terms then supply the disposition |
The incorporated document must exist when the will is executed; a later-created list is not incorporated by the earlier reference (Miller; Hall; Richardson) |
Later informal list changes are not incorporated; a binding change requires will formalities (§ 101; Richardson). Section 301 separately allows later amendments only for a qualifying trust pour-over |
A qualifying document operates as part of the will and may be admitted with it; a document failing the existence, identification, or intent criteria is not incorporated (Hall) |
| Oregon verified 2026-08-11 | Yes; will-referenced statement or list under ORS 112.260, except as otherwise provided in a valid will |
Yes; the testator's will must refer to the writing, including one to exist at death (§ 112.260(2)(a), (3)) |
Household items, furniture, furnishings, and personal effects; excludes money, trade/business property, and title-documented items (§ 112.260(1)) |
Must be signed; handwriting is not an alternative and no date is required; writing includes an electronic record, document, or image (§ 112.260(2)(b), (5)) |
Household items, furniture, furnishings, personal effects, and devisees described with reasonable certainty (§ 112.260(2)(c)) |
May be prepared before or after the will and described as one to exist at death (§ 112.260(3)) |
May be altered one or more times; no separate dating, alteration-signature, replacement, or conflict-priority rule stated (§ 112.260(4)) |
Admissible as evidence of intended disposition if conditions are met; no separate filing, delivery, lapse, savings, or priority procedure stated (§ 112.260(2)) |
| Pennsylvania verified 2026-08-11 | Limited common-law route: incorporation by reference, not a freely updatable statutory memorandum (Hogue's Estate; Sciutti Estate) |
Yes; a valid will must refer to and clearly identify the existing writing (Hogue's Estate, 135 Pa. Super. 543, 547-48) |
No memorandum-specific tangible-property definition, exclusion list, or value cap; incorporation is a general extrinsic-writing doctrine |
No independent signature, handwriting, or date condition for the incorporated writing; the incorporating will must satisfy § 2502 |
No separate statutory reasonable-certainty formula; the will must unmistakably identify the writing, whose terms then become part of the will |
Writing must exist when the will is executed, or be made at the same time as part of the same transaction (Hogue's Estate) |
No later-list update route; use a new will, codicil, or other will-formal writing (§ 2505) |
Qualifying writing is probated as part of the will; no incorporation if the writing is not clearly identified or the referring instrument is not a valid will |
| Rhode Island verified 2026-08-11 | No general separate-writing device in R.I. Gen. Laws tit. 33 or ch. 33-5; ordinary will law applies (§ 33-5-5) |
N/A—Title 33 has no statute making a will's reference to an informal property list effective |
No memorandum-specific tangible-property definition, exclusion list, or value cap |
No memorandum formality; an ordinary will must be written, signed, and attested by two or more witnesses present together (§ 33-5-5) |
No memorandum-specific item-and-recipient identification rule |
No statutory before-or-after-will list route |
No informal alteration or priority rule; later binding change or revocation must follow ordinary will/codicil law (§ 33-5-10) |
No special memorandum admissibility, filing, delivery, lapse, or fallback rule; a dispositive writing must qualify under ordinary will/codicil law |
| South Carolina verified 2026-08-11 | Yes; separate written statement or list under S.C. Code § 62-2-512 |
Yes; will must refer to the writing and may describe it as one to exist at death (§ 62-2-512) |
Tangible personal property not otherwise specifically disposed of; excludes money and trade-or-business property (§ 62-2-512) |
Either in testator's handwriting or signed by testator; no date, witness, notary, or signature-placement condition stated (§ 62-2-512) |
Items and devisees must be described with reasonable certainty (§ 62-2-512) |
May be prepared before or after will execution and need no independent significance (§ 62-2-512) |
May be altered after preparation; resulting writing must still satisfy handwriting-or-signature rule; no competing-writing priority rule stated |
Qualifying writing is admissible as evidence of intended disposition; no separate filing, delivery, lapse, or savings rule stated (§ 62-2-512) |
| South Dakota verified 2026-08-11 | Yes—separate written statement or list under S.D. Codified Laws § 29A-2-513 |
Yes; the will must refer to the writing and may describe it as one to exist at the testator's death (§ 29A-2-513) |
Tangible personal property not otherwise specifically disposed of; expressly excludes money. No other express exclusion or value cap (§ 29A-2-513) |
Testator must sign; handwriting alone is not an alternative. No date, witness, notary, or signature-placement condition stated (§ 29A-2-513) |
Items and devisees must be described with reasonable certainty (§ 29A-2-513) |
May be prepared before or after will execution and may have no significance apart from the testamentary disposition (§ 29A-2-513) |
Testator may alter the writing after preparation; no required alteration formality, replacement method, or priority rule for conflicting writings stated (§ 29A-2-513) |
Qualifying writing is admissible as evidence of intended disposition; no separate filing, delivery, lapse, or savings rule stated (§ 29A-2-513) |
| Tennessee verified 2026-08-11 | Yes; dated separate written statement or list under Tenn. Code Ann. § 32-3-115 |
Yes; will must refer to the writing, which may be prepared after will execution (§ 32-3-115(a)(1), (a)(2)(B)) |
Tangible personal property not otherwise specifically disposed of; excludes money, debt evidence, title documents, securities, and trade/business property (§ 32-3-115(a)(1)) |
Either handwritten or signed by testator, and must be dated; no witness or notary condition stated (§ 32-3-115(a)(2)(A)) |
Items and devisees must be described with reasonable certainty (§ 32-3-115(a)(2)(A)(iii)) |
May be prepared before or after will execution and may have no significance apart from the will's dispositions (§ 32-3-115(a)(2)(B), (D)) |
Alteration must be signed and dated; newest otherwise-effective writing or proper alteration revokes inconsistent earlier provisions (§ 32-3-115(a)(2)(C), (a)(3)) |
Admissible evidence; no-liability/no-recovery-duty shield absent actual knowledge; recipients file receipts if writing admitted in probate (§ 32-3-115(a)(2), (b), (c)) |
| Texas verified 2026-08-11 | No general separate-writing device in current Estates Code subtitle F, chapters 251-258 |
No special rule; a will reference alone does not activate a statutory memorandum device |
N/A—no memorandum-specific property category, exclusion list, or value ceiling |
No memorandum formality; use attested-will rules or a wholly handwritten holographic will (§§ 251.051-.052) |
No memorandum-specific certainty rule; binding dispositions belong in a will or codicil |
N/A—no later-list statute permitting preparation before or after the will |
No memorandum rule; execute a new will or codicil, and revocation writings need like formalities (§§ 253.001-.002) |
No independent statutory effect or memorandum filing route; ordinary will/codicil law applies |
| Utah verified 2026-08-11 | Yes—Utah Code § 75-2-513 recognizes a will-referenced written statement or list |
Yes; the will must refer to the statement or list and may describe it as one to exist at the testator's death (§ 75-2-513) |
Tangible personal property not otherwise specifically disposed of by the will; money excluded. No other exclusion or value cap stated (§ 75-2-513) |
Testator must sign; no handwriting, date, signature-placement, witness, or notary requirement stated (§ 75-2-513) |
Writing must describe the items and devisees with reasonable certainty (§ 75-2-513) |
May be prepared before or after the will and may have no significance apart from the will's dispositions (§ 75-2-513) |
Testator may alter the writing after preparation; § 75-2-513 states no replacement method or priority rule for conflicting writings |
Admissible as evidence of intended disposition when signed and reasonably certain; money and items already specifically disposed of by the will are outside the device (§ 75-2-513) |
| Vermont verified 2026-08-11 | No general separate-writing device in current 14 V.S.A. chs. 1 and 3; ordinary will law applies |
N/A—Vermont's wills chapters have no statute making a will's reference to an informal property list effective |
No memorandum-specific tangible-property definition, exclusion list, or value cap |
No memorandum formality; a binding will must be written, signed, and attested by at least 2 witnesses (§ 5) |
No memorandum-specific item-and-recipient identification rule |
No statutory before-or-after-will list route |
No informal alteration or list-priority rule; a subsequent will may revoke expressly or by inconsistency (§ 11) |
No special memorandum admissibility, filing, delivery, lapse, or savings rule in the current wills and probate chapters |
| Virginia verified 2026-08-11 | Yes; signed separate writing identifying recipients of tangible personal property under Va. Code § 64.2-400 |
Yes; will must refer to the written statement or list and may describe it as one to exist at death (§ 64.2-400(B), (C)) |
Tangible personal property not otherwise specifically bequeathed; general or residuary gifts are not specific bequests; no enumerated asset exclusions (§ 64.2-400(B)) |
Testator must sign; no handwriting, date, signature-placement, witness, or notary alternative or condition stated (§ 64.2-400(B)) |
Items and intended recipients must be described with reasonable certainty (§ 64.2-400(B)) |
May be prepared before or after will execution and may have no significance apart from the will's dispositions (§ 64.2-400(C)) |
May be altered at any time; operative writing must remain signed and reasonably certain; no dating or competing-writing priority rule stated (§ 64.2-400(B), (C)) |
Give effect to qualifying list; furnish copy to commissioner of accounts with legatee receipt; actual-knowledge liability protection and one-year recovery action (§ 64.2-400(B)-(D)) |
| Washington verified 2026-08-11 | Yes; separate writing under RCW 11.12.260, including electronic record/signature under RCW 11.135.010 and .060 |
Yes; an unrevoked will must refer to the writing and may describe it as one to exist at death (RCW 11.12.260(1), (2)) |
Personal/household-use or ornament articles and other non-realty tangible property; excludes trade/business property, mobile homes, normal currency/legal tender, debt evidence, accounts/deposits, title documents, and securities (RCW 11.12.260(1), (4)) |
Either handwritten or signed; electronic record/signature recognized; no date, witness, or notary condition stated (RCW 11.12.260; 11.135.010, .060) |
Items and recipients must be described with reasonable certainty (RCW 11.12.260(1)) |
May be written or signed before or after will execution and need not have significance apart from the will (RCW 11.12.260(2)) |
Subsequent handwritten or signed changes allowed; most recent writing controls an inconsistent disposition (RCW 11.12.260(3)) |
Effective as if contained in will; if recipient predeceases, follow further list directions or gift lapses without RCW 11.12.110 anti-lapse; no separate filing/delivery rule stated (RCW 11.12.260(2)) |
| West Virginia verified 2026-08-11 | No general separate-writing device in W. Va. Code ch. 41; ordinary will and codicil law applies (§ 41-1-3) |
N/A—Chapter 41 has no statute making a will's reference to an informal property list effective |
No memorandum-specific tangible-property definition, exclusion list, or value cap |
No memorandum formality; a binding will or codicil must be written and signed, with two witnesses unless wholly handwritten (§ 41-1-3) |
No memorandum-specific item-and-recipient identification rule |
No statutory before-or-after-will list route |
No informal alteration or priority rule; later binding change or revocation must follow ordinary will/codicil law (§§ 41-1-3, 41-1-7) |
No special memorandum admissibility, filing, delivery, lapse, or fallback rule; a dispositive writing must qualify under ordinary will/codicil law |
| Wisconsin verified 2026-08-11 | Yes; will-referenced document for tangible personal property under Wis. Stat. § 853.32(2) |
Yes; the will must refer to another document that lists the property (§ 853.32(2)(a)1.) |
Tangible personal property not otherwise specifically disposed of by the will; no express asset-exclusion list or value cap (§ 853.32(2)(a)1.) |
Must be signed and dated, but court may enforce an otherwise compliant undated document; no handwriting rule, and will-witness formalities are excused (§§ 853.32(2)(a)1., (am), 853.03(1)) |
Property and distributees must be described with reasonable certainty (§ 853.32(2)(a)1.) |
Document may be created after will execution because it remains valid even if it did not exist when the will was executed (§ 853.32(2)(b)1.) |
No express alteration method or multiple-document priority rule; a later document still must satisfy signature, date-or-court-savings, and reasonable-certainty conditions |
30 days after representative appointment to locate or deliver; then will-based distribution may proceed, and representative has no liability for qualifying prior distribution or sale (§ 853.32(2)(c)); custody duties follow § 856.05 |
| Wyoming verified 2026-08-11 | Yes—will-referenced written statement or list under Wyo. Stat. Ann. § 2-6-124 |
Yes; the will must refer to the written statement or list (§ 2-6-124(a)) |
Tangible personal property not otherwise specifically disposed of; excludes money, debt evidence, title documents, securities, and trade-or-business property (§ 2-6-124(a)) |
Must be dated and handwritten by or signed by testator; no witness, notary, or signature-placement condition stated (§ 2-6-124(a)) |
Items and devisees must be described with reasonable certainty (§ 2-6-124(a)(iii)) |
May be prepared before or after will execution and may have no significance apart from the disposition (§ 2-6-124(b)-(c)) |
May be altered after preparation, but every alteration must be signed and dated; no replacement or competing-writing priority rule stated (§ 2-6-124(b)) |
Qualifying writing is admissible as evidence of intended disposition; no separate filing, delivery, lapse, or savings rule stated (§ 2-6-124(a)) |
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