50-State Surveys › Will Execution Requirements by State
Will Execution Requirements by State
What does it take to sign a valid will in this state — how many witnesses, notarization, and does the state accept a handwritten will?
51 of 51 jurisdictions verified
every entry statute-checked, oldest 2026-07-11
What this survey covers
Almost everyone will need a will, and almost every will fails or succeeds on the same small set of formalities: it has to be in writing, you have to sign it, and in most states two witnesses have to watch you do it. Get those steps wrong and the most carefully drafted will can be thrown out in probate — exactly when it is too late to fix. This survey answers one question, state by state: what does it take to sign a valid will here — how many witnesses, is notarization required, and does the state accept a handwritten will?
Each state's page states the rule in plain English, quotes the statute it comes from, and shows the date we last verified the statutory text. It covers how a will is SIGNED (executed), not what a will can do once it is valid, and not the probate process that comes later. Two areas move faster than the rest and get special attention on every page: whether the state allows an electronic or remotely-witnessed will (a fast-changing area since 2020), and whether a "harmless-error" rule lets a court save a will that missed a formality.
How to read the table
Each column is one execution requirement, answered the same way for every state, with the statutory citation compressed into the cell. The central columns are the witness rule — how many witnesses and whether they must all be present at the same time — and whether the state recognizes a handwritten (holographic) will with no witnesses at all. Separate columns cover the minimum age and the "sound mind" standard, the writing and signature rules, whether notarization is ever required (as opposed to an optional self-proving affidavit that just speeds up probate), whether an electronic or remote will is allowed, and whether a harmless-error doctrine can rescue a defective will. Click a state for the full plain-English page: the rule step by step, the traps that void a will, and the verbatim statutory text with official source links.
Patterns across all 51 jurisdictions
The dominant American rule is remarkably uniform: a will must be in writing, signed by the testator (or by someone else at the testator's direction and in their presence), and witnessed by TWO people. What varies is the fine print around each of those steps, and a few states depart from the pattern entirely.
Witnesses and their presence. Two witnesses is nearly universal; the split is over what they must observe and when they must sign. Many states, including the exemplar California (Prob. Code § 6110(c)), require the two witnesses to be "present at the same time" and to witness either the signing or the testator's acknowledgment. States that adopted the Uniform Probate Code's 2008 revision loosen this — a witness may sign "within a reasonable time" after watching — and some use a softer "conscious presence" test. The interested-witness question (what happens when a witness is also a beneficiary) splits three ways: the modern UPC rule that it makes no difference; the older "purging" rule that voids the witness's gift; and a middle rule (California) that presumes the gift was the product of undue influence unless two disinterested witnesses also signed.
The two structural outliers. Pennsylvania does not require any witnesses to EXECUTE an ordinary will — a will "signed by the testator at the end thereof" is valid on its own, and witnesses come in later to prove it at probate. Louisiana, a civil-law state, has no common-law attested will at all: its Civil Code allows only the olographic testament (entirely handwritten, dated, and signed) and the notarial testament (signed before a notary and two witnesses with a set attestation clause), and its 2025 Act 30 modernized both.
Notarization is usually optional, occasionally required, sometimes an alternative. In the common-law states a notary is not a witness, and notarizing a will does nothing to satisfy the witness requirement — but a notarized SELF-PROVING affidavit is a widely available add-on that lets the will be admitted without dragging the witnesses back to court. A minority of UPC states (Colorado, North Dakota, Utah) go further and let a NOTARIZED will substitute for witnessing entirely, and Louisiana's notarial testament requires a notary as a matter of validity.
Handwritten wills. Roughly half the states recognize a holographic will — valid with no witnesses if its material provisions and signature are in the testator's own hand. States that don't allow them often will still honor a holographic will that was valid where it was made.
Electronic and remote wills — the moving frontier. A growing minority (Nevada, Arizona, Florida, Indiana, Illinois, Colorado, Utah, North Dakota, Washington, the District of Columbia, and others) now permit an electronic will and/or remote audio-video witnessing, several through the Uniform Electronic Wills Act. The forms vary: D.C.'s 2023 act allows a fully electronic will with remote witnessing, while Wyoming instead keeps an ordinary two-witness will but lets the witnesses appear by live audio-video and sign electronically. Most states, including California, have not moved: their execution statutes still require a physical signed writing witnessed in person, and a few pandemic-era remote-witnessing measures (Vermont's, for example) were temporary and their continued force is now unsettled. This is the dimension most likely to change from one year to the next.
Harmless error. A substantial minority let a court excuse a defect in execution when clear and convincing evidence shows the testator meant the document as a will (California § 6110(c)(2); UPC § 2-503). The rest are strict-compliance states where a single missing formality is fatal, no matter how clear the intent. The exemplar, California (Prob. Code §§ 6100–6112), sits in the mainstream on witnesses (two, present at the same time), recognizes holographic wills, has a harmless-error escape hatch, and has not adopted electronic wills.
Get this answered for your state
This survey compares every state side by side. Ezel applies your state's law to your specific situation and answers with citations to the statutes.
Scroll sideways in the table to see all columns →
| State | Governing law | Minimum age & capacity | Writing & signature | Witnesses required | Notarization & self-proving | Handwritten (holographic) wills | Electronic & remote wills | Harmless-error / curative doctrine |
|---|---|---|---|---|---|---|---|---|
| Alabama verified 2026-07-11 | Ala. Code Title 43 (Wills and Decedents' Estates), ch. 8 (Probate Code), art. 7, div. 1: § 43-8-130 (who may make a will), § 43-8-131 (execution and signature; witnesses), § 43-8-132 (self-proved will), § 43-8-134 (who may witness), § 43-8-135 (choice of law). Alabama is a common-law attested-will state on the Uniform Probate Code model: two witnesses are required (no notary alternative), it recognizes no holographic will, has not enacted an electronic-wills law, and has no harmless-error doctrine (strict compliance) |
'Any person 18 or more years of age who is of sound mind may make a will' (§ 43-8-130). A flat age of 18. 'Sound mind' is the case-law testamentary-capacity standard: understanding, in a general way, that you are making a will, the nature and extent of your property, and the people who would ordinarily inherit from you. Capacity is judged at the moment of signing |
A will must be 'in writing signed by the testator or in the testator's name by some other person in the testator's presence and by his or her direction' (§ 43-8-131). No signature-at-the-end rule. Alabama uses 'presence' (not the looser 'conscious presence' of some states) and has no electronic-signature provision — the signature is a physical one on a paper document. A person who signs for the testator is not counted as one of the two required witnesses |
Two witnesses. The will 'shall be signed by at least two persons each of whom witnessed either the signing or the testator's acknowledgment of the signature or of the will' (§ 43-8-131). The witnesses need not sign at the same moment — each need only see the signing or hear the testator's acknowledgment, then sign. There is no notary substitute for the two witnesses. Any person generally competent to be a witness may witness (§ 43-8-134(a)). Interested-witness rule: 'A will or any provision thereof is not invalid because the will is signed by an interested witness' (§ 43-8-134(b)) — no purging; a beneficiary may serve as a witness |
Notarization is NOT required to make a will valid and is not an alternative to witnesses — an Alabama will is executed with two witnesses. A will may be made self-proved by the testator's acknowledgment and the witnesses' affidavits before an officer authorized to administer oaths (a notary), under official seal, either at execution or later (§ 43-8-132(a)-(b)). If a will is self-proved, 'compliance with signature requirements for execution is conclusively presumed' and other execution requirements are presumed subject to rebuttal, so the will is probated without live witness testimony absent fraud or forgery (§ 43-8-132(c)) |
No. Alabama does not recognize holographic (handwritten, unwitnessed) wills — § 43-8-131 requires every will to be signed by at least two witnesses, with no handwriting exception. A handwritten will is valid in Alabama only if it is witnessed like any other will. A will validly executed elsewhere, including a holographic one, may still be honored under the choice-of-law rule (§ 43-8-135) |
Not permitted. Alabama has not enacted the Uniform Electronic Wills Act or any electronic-will statute; § 43-8-131 requires a physical signed writing witnessed in person by two individuals. A will valid where executed under another state's law may still be honored under § 43-8-135 |
No. Alabama is a strict-compliance state. There is no harmless-error or substantial-compliance statute, so a will that misses a § 43-8-131 formality — for example, only one witness — is invalid, no matter how clearly it reflects the testator's wishes. The only related relief is the choice-of-law rule (§ 43-8-135), which honors a will valid where and when it was executed |
| Alaska verified 2026-07-11 | Alaska Uniform Probate Code, AS Title 13, Chapter 12, Article 5 (Wills). Core execution statute is AS 13.12.502; AS 13.12.501 sets who may make a will, AS 13.12.504 the self-proving affidavit, AS 13.12.505 who may witness, and AS 13.12.506 the choice-of-law rule. Alaska enacted the UPC will-execution article but did NOT adopt the UPC harmless-error provision (UPC § 2-503) — there is no AS 13.12.503 in the code; the article runs 502 then 504 |
'An individual 18 or more years of age who is of sound mind may make a will' (AS 13.12.501). No emancipated- or married-minor exception; 18 is the floor. 'Sound mind' is not defined by statute; Alaska applies the familiar testamentary-capacity test — the testator must know they are making a will, know the natural objects of their bounty (the people who would normally inherit), and understand the nature and extent of their property. Capacity is measured at the moment of signing |
Must be in writing and 'signed by the testator or in the testator's name by another individual in the testator's conscious presence and by the testator's direction' (AS 13.12.502(a)(1)-(2)). A proxy may sign for you only in your conscious presence and at your direction. There is no signature-at-the-end rule — Alaska courts accept a signature anywhere on the document, and even the testator's handwritten name embedded in the text, if intended as the signature |
Two witnesses, each of whom 'signs within a reasonable time after' witnessing either the signing of the will or the testator's acknowledgment of the signature or of the will (AS 13.12.502(a)(3)) — the UPC 'reasonable time' rule, so the two witnesses need NOT all be present at the same time and may sign somewhat later. Any person 'generally competent to be a witness' may witness (AS 13.12.505(a)). Interested witness: 'The signing of a will by an interested witness does not invalidate the will or a provision of it' (AS 13.12.505(b)) — the modern no-effect rule, so a beneficiary-witness keeps the gift |
Notarization is never required to make an Alaska will valid, and — unlike a handful of UPC states — a notary is NOT an alternative to witnesses. A self-proving affidavit is optional: under AS 13.12.504 the testator and witnesses may swear an affidavit before a notary, either at signing or later, letting the will be admitted to probate without live witness testimony. 'A signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the will, if necessary to prove the will's due execution' (AS 13.12.504(c)) |
Yes. A will that does not meet the witnessing rules 'is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting' (AS 13.12.502(b)). Only the signature and the material (dispositive) provisions must be handwritten — printed or typed non-material text (as on a fill-in-the-blank form) does not defeat it. There is no date requirement, and the signature need not be at the end |
Not permitted. Alaska's execution statute requires a physical written will signed and witnessed in person (AS 13.12.502); the state has not enacted the Uniform Electronic Wills Act or any electronic-will statute, and there is no electronic-wills chapter in Title 13. A 2021 bill (SB 90) that would have authorized electronic and remotely-witnessed wills died in the 32nd Legislature, and the COVID-era temporary will measures have expired. An electronic or remotely-witnessed will is not valid under current Alaska law |
No. Alaska adopted the UPC will-execution article but not the UPC harmless-error provision (UPC § 2-503, 'writings intended as wills'): the enacted code has no AS 13.12.503 — the wills article runs from 502 straight to 504. Alaska is a strict-compliance state: a will that misses a required formality generally cannot be rescued by proof that the testator intended the document as their will. (A draft of the 1996 enacting bill proposed a harmless-error section, but it was not carried into the enacted statute.) |
| Arizona verified 2026-07-11 | Arizona has enacted the Uniform Probate Code; will execution is in A.R.S. Title 14, Chapter 2, Article 5. § 14-2502 sets the requirements for a witnessed paper will, § 14-2503 recognizes holographic wills, and § 14-2518 governs electronic wills (Arizona added electronic wills effective 2019). § 14-2501 sets who may make a will and § 14-2505 governs witnesses |
'A person who is eighteen years of age or older and who is of sound mind may make a will' (§ 14-2501). The statute does not further define 'sound mind'; Arizona case law supplies the usual testamentary-capacity test. There is no lower age for married or emancipated minors |
A paper will must be in writing and signed by the testator, 'or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction' (§ 14-2502(A)(1)-(2)). No rule requires the signature at the end, and a signature on an attached self-proving affidavit counts as a signature on the will if needed to prove execution (§ 14-2504(C)) |
Two witnesses, 'each of whom signed within a reasonable time after' witnessing the signing or the testator's acknowledgment (§ 14-2502(A)(3)) — the UPC 'reasonable time' rule, so the witnesses need not sign at the same moment. Arizona is an outlier on interested witnesses: for a will executed on or after October 1, 2019, unless it is made self-proved under § 14-2504 or § 14-2519, a beneficiary — or anyone related to a beneficiary by blood, marriage, or adoption — may NOT act as a witness (§ 14-2505(B)) |
Notarization is NOT required to sign a valid will — a notary is not a witness. But it carries unusual weight in Arizona: a will can be made self-proved by the testator's and the witnesses' affidavits before a notary, at execution or later (§ 14-2504), and self-proving is what allows a beneficiary or a beneficiary's relative to serve as a witness (§ 14-2505(B)) |
Yes. 'A will that does not comply with section 14-2502 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator' (§ 14-2503). No date is required, and § 14-2502(B) lets extrinsic evidence — including printed, non-handwritten portions of the document — show the testator intended it as a will |
Permitted since 2019. An electronic will must be an electronic record readable as text, electronically signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and electronically signed by two witnesses who were physically or electronically present, each within a reasonable time; it must state the signing dates and include a copy of the testator's current government-issued ID (§ 14-2518). A witness who is only electronically present must be physically within the United States |
No statutory harmless-error / dispensing-power cure. Section 14-2502 lists only three exceptions to the witnessed-will requirement — holographic wills (§ 14-2503), a will valid where executed or where the testator was domiciled (§ 14-2506), and a separate list for tangible property (§ 14-2513) — none of which lets a court excuse a missing witness on proof of intent. Section 14-2502(B) does allow extrinsic evidence to establish that the testator INTENDED the document as a will, but that does not cure a formality that was not met |
| Arkansas verified 2026-07-11 | Arkansas Code Title 28, Subtitle 3, Chapter 25 (Execution and Revocation). The core execution statute is § 28-25-103; § 28-25-101 sets who may make a will, § 28-25-102 covers witnesses, § 28-25-104 covers holographic wills, and § 28-25-106 the self-proving affidavit. Arkansas uses the common-law attested-will model and is NOT a notarial-will or electronic-wills state |
Any person 'of sound mind eighteen (18) years of age or older may make a will' (§ 28-25-101). The statute states only 'sound mind'; Arkansas case law supplies the test — the testator must understand that they are making a will, the nature and extent of their property, and the people who would naturally receive it. Capacity is measured at the moment of signing |
Must be signed by the testator, who may sign personally, acknowledge a signature already made, sign by mark, or have another person sign the testator's name 'in his or her presence' and at the testator's direction (§ 28-25-103(b)(1)). The signature 'must be at the end of the instrument' (§ 28-25-103(b)(2)(A)) — an at-the-end rule most UPC states lack. The testator must also declare to the witnesses that the instrument is their will |
At least two attesting witnesses (§ 28-25-103(a)). The testator's signing or acknowledgment, and the declaration, must be done 'in the presence of two (2) or more attesting witnesses,' and those witnesses 'must sign at the request and in the presence of the testator' (§ 28-25-103(b)(2)(B), (c)). A witness must be 18 or older and generally competent (§ 28-25-102(a)). Interested witness: the will stays valid, but an interested witness who is not backed by two other disinterested witnesses forfeits any gift exceeding what they would have taken in intestacy (§ 28-25-102(b)) |
Notarization is NOT required to sign a will — a notary is not a witness. A self-proving option is available: any attesting witness may sign an affidavit before an officer authorized to administer oaths, stating what they would testify to in an uncontested probate, written on or affixed to the will (§ 28-25-106). In an uncontested case the court may accept that affidavit in place of the witness's live testimony |
Yes, but strictly. A holographic will is valid with no attesting witnesses only when 'the entire body of the will and the signature' are 'written in the proper handwriting of the testator' (§ 28-25-104) — a wholly-handwritten test, not the looser 'material provisions' test. To be admitted it must be established by the evidence of at least three credible disinterested witnesses to the testator's handwriting and signature. The statute states no date requirement |
Not permitted. Arkansas has not enacted the Uniform Electronic Wills Act or any electronic-wills statute; § 28-25-103 requires a physically signed writing with two witnesses who sign in the testator's presence. A will 'signed' only electronically, or witnessed only over video, is not a valid Arkansas will |
No. Arkansas has not adopted the Uniform Probate Code's harmless-error rule (§ 2-503) or any substantial-compliance cure. Section 28-25-103 states the execution requirements in mandatory terms ('must be by the signature of the testator and of at least two (2) witnesses'), so a technical execution defect generally voids the will and cannot be excused by proof of intent |
| California verified 2026-07-11 | California Probate Code §§ 6100–6112 govern execution. California follows the common-law attested-will model — a written will signed before two witnesses — and is NOT a notarial-will or electronic-wills state. § 6110 is the core execution statute; § 6111 adds handwritten (holographic) wills |
18 or older and 'of sound mind' (§ 6100(a)). A person lacks capacity if they cannot understand the nature of making a will, recollect their property, or remember their relations to family, or if a delusion or hallucination drives the disposition (§ 6100.5) |
Must be in writing (§ 6110(a)). It must be signed by the testator, OR in the testator's name by another person 'in the testator's presence and by the testator's direction,' OR by a conservator under a court order (§ 6110(b)). There is no rule that the signature be at the end |
Two witnesses who, 'being present at the same time,' witnessed either the signing or the testator's acknowledgment of the signature or of the will, and who understand the document is the testator's will (§ 6110(c)(1)). An interested witness (a beneficiary) does not void the will, but absent two other disinterested witnesses their gift is presumed procured by undue influence (§ 6112) |
Notarization is NOT required to sign a will — a notary is not a witness. California has no separate self-proving affidavit executed at signing; instead an uncontested will may be proved at probate by a subscribing witness's affidavit with a copy of the will attached (§ 8220(b)) |
Yes. A handwritten will is valid with no witnesses 'if the signature and the material provisions are in the handwriting of the testator' (§ 6111(a)). A date is not required, but its absence can defeat the will where another will conflicts or the testator's capacity is questioned (§ 6111(b)) |
Not permitted. California has not adopted the Uniform Electronic Wills Act, and its electronic-transactions act does not apply to wills; § 6110 requires a physical signed writing witnessed by two people in person. A will 'signed' only electronically or by typing a name is not valid |
Yes. A will not signed before two witnesses is still valid if the proponent proves 'by clear and convincing evidence that, at the time the testator signed the will, the testator intended the will to constitute the testator's will' (§ 6110(c)(2)) |
| Colorado verified 2026-07-11 | Colo. Rev. Stat. Title 15 (Colorado Probate Code), art. 11, pt. 5: § 15-11-501 (capacity), § 15-11-502 (execution — witnessed or notarized wills — holographic wills), § 15-11-503 (harmless error), § 15-11-504 (self-proved will), § 15-11-505 (who may witness), § 15-11-506 (choice of law). Electronic wills are governed by the Colorado Uniform Electronic Wills Act, §§ 15-11-1301 to -1311 (eff. 2021). Colorado is a Uniform Probate Code state using the modern 'notarized OR witnessed' execution rule; it recognizes holographic wills, allows electronic and remotely-notarized wills, and has a harmless-error doctrine |
'An individual eighteen or more years of age who is of sound mind may make a will' (§ 15-11-501). A flat age of 18. 'Sound mind' is the Colorado testamentary-capacity standard supplied by case law (the Cunningham/Breeden test): understanding the nature of making a will, the general nature and extent of one's property, and the natural objects of one's bounty |
A will must be 'in writing' and 'signed by the testator, or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction' (§ 15-11-502(1)(a)-(b)). No signature-at-the-end rule. 'Conscious presence' requires physical proximity to the testator but not necessarily within the testator's line of sight (§ 15-11-502(4)) |
Two witnesses — OR notarization instead (see next column). If witnessed, at least two individuals must each sign 'within a reasonable time' after witnessing the testator's signing or acknowledgment, and may sign either before or after the testator's death (§ 15-11-502(1)(c)(I)). Any person generally competent to be a witness may witness (§ 15-11-505(1)). Interested-witness rule: 'The signing of a will by an interested witness does not invalidate the will or any provision of it' (§ 15-11-505(2)) — no purging; a beneficiary may serve as a witness |
Notarization is an ALTERNATIVE to witnesses: a will is validly executed if 'acknowledged by the testator before a notary public or other individual authorized by law to take acknowledgments' (§ 15-11-502(1)(c)(II)) — Colorado is one of a few states that validate a notarized will with no witnesses. Separately, a witnessed will may be made self-proved by a notarized affidavit of the testator and witnesses, either at execution ('one-step') or later ('two-step') (§ 15-11-504) |
Yes. A will that does not meet the witnessed/notarized formalities 'is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting' (§ 15-11-502(2)). Intent may be shown by extrinsic evidence, including portions of the document not in the testator's handwriting (§ 15-11-502(3)). No date requirement |
Yes — Colorado enacted the Colorado Uniform Electronic Wills Act (§§ 15-11-1301 to -1311, eff. July 2, 2021). 'An electronic will is a will for all purposes' (§ 15-11-1303). An e-will must be a text-readable record signed by the testator and either signed by two witnesses in the testator's physical or electronic presence (each a state resident physically located in a state) OR acknowledged before a Colorado notary (§ 15-11-1305) — allowing remote online notarization. The harmless-error rule applies to e-wills (§ 15-11-1306) |
Yes. Under § 15-11-503 a document not executed in compliance with § 15-11-502 is treated as if it were, if the proponent proves 'by clear and convincing evidence' that the decedent intended it as a will (or a revocation, alteration, or revival). The document must be signed or acknowledged by the decedent (or be a mistakenly-signed spousal will), and whether it qualifies is a question of law for the court, not a jury (§ 15-11-503(2)-(3)). Section 15-11-503 also applies to electronic wills (§ 15-11-1306) |
| Connecticut verified 2026-07-11 | Conn. Gen. Stat. §§ 45a-250 to 45a-285 (Title 45a, ch. 802a). Connecticut follows the traditional common-law attested-will model — a written will signed before two witnesses. It has NOT adopted the Uniform Probate Code's execution article, does not recognize holographic wills, and is not an electronic-wills state. § 45a-251 is the core execution statute |
Any person 18 or older and 'of sound mind' may make a will (§ 45a-250). The statute states only 'sound mind'; Connecticut case law supplies the standard — sufficient mind and memory to understand the act of making a will, the property involved, and the natural objects of one's bounty |
Must be in writing and 'subscribed by the testator' (§ 45a-251) — the testator signs the will. The statute names only the testator's own subscription; it does not expressly provide for another person to sign at the testator's direction. There is no explicit statutory 'signature at the end' rule, though 'subscribe' traditionally means to sign below the text |
Two witnesses, 'each of them subscribing in the testator's presence' (§ 45a-251). The witnesses need not sign in each other's presence, and the testator need not sign in front of them if the testator acknowledges the signature to them. Interested witness: a gift to a subscribing witness (or that witness's spouse) is VOID unless the will is legally attested without that witness's signature or the witness is an heir — but the will itself stays valid (§ 45a-258) |
Notarization is NOT required to sign a will — a notary is not a witness. A self-proving affidavit is available: any or all attesting witnesses may swear an affidavit before an officer authorized to administer oaths, written on the will or attached to it, and the Probate Court accepts it as if the testimony were given in court (§ 45a-285). It may be sworn at signing or, after death, at the executor's request |
No. A will made in Connecticut needs two witnesses; an unwitnessed handwritten will is not valid (§ 45a-251). But a holographic will that was valid where and when it was executed may still be admitted to probate in Connecticut under § 45a-251's foreign-will clause |
Not permitted. Connecticut has not enacted the Uniform Electronic Wills Act or any electronic-will statute, and § 45a-251 requires two witnesses who subscribe in the testator's physical presence. A will signed only electronically, or witnessed only over video, is not valid; any pandemic-era remote options were temporary executive-order measures, not permanent law |
No. Connecticut is a strict-compliance state — it has not adopted the harmless-error rule (UPC § 2-503). Courts have long held the execution statute is 'prohibitive and exhaustive' and must be 'strictly followed,' so a technical defect such as a missing witness generally cannot be excused, however clear the testator's intent |
| Delaware verified 2026-07-11 | Delaware Code Title 12, Chapter 2, Subchapter I ('Tenets and Principles'). The core execution statute is § 202; § 201 sets who may make a will, § 203 covers who may witness and the interested-witness rule, § 1305 provides the self-proving affidavit, and § 1306 the choice-of-law rule. Delaware did NOT adopt the Uniform Probate Code's execution article; it keeps a traditional two-witness requirement and makes any noncompliant will void (§ 202(b)). But, unusually for a strict state, an interested witness has no effect on validity — and there is no general holographic will, no harmless-error doctrine, and no electronic wills |
Any person 18 or older of 'sound and disposing mind and memory' may make a will; 'No person under the age of 18 years shall be capable of making a will' (§ 201). There is no emancipated- or married-minor exception. Delaware courts describe testamentary capacity as being able to exercise thought, reflection, and judgment, knowing what you are doing and how you are disposing of your property, and understanding the nature and character of the act. Capacity is measured at the time of execution |
Must be in writing and 'signed by the testator or by some person subscribing the testator's name in the testator's presence and by the testator's express direction' (§ 202(a)(1)). If you cannot sign, another person may sign your name for you, but only in your presence and at your express direction (and a witness should not be the one who signs for you). There is no signature-at-the-end rule |
Two or more credible witnesses, who must 'attest and subscribe in testator's presence' (§ 202(a)(2)); a will that does not comply 'shall be void' (§ 202(b)). The witnesses must sign while the testator is present; Delaware's statute does not add a 'present at the same time' requirement, but having both witness the signing together is safest. Interested witness: 'A will or any provision thereof is not invalid because the will is signed by an interested person' (§ 203(b)) — the modern no-effect rule, so a beneficiary who witnesses keeps the gift. Any person 'generally competent to be a witness' may witness (§ 203(a)) |
Notarization is NOT required to sign a will — a notary is not one of the two required witnesses. A self-proving affidavit is available under § 1305, made at the time of execution or any later date before an officer authorized to administer oaths and attached to the will. A self-proved will can be admitted to probate without bringing the witnesses back to testify |
No. Delaware does not recognize a holographic (unwitnessed handwritten) will. Section 202 requires two credible witnesses whether the will is handwritten or typed, and § 202(b) makes any noncompliant will 'void.' Some general guides loosely call a handwritten Delaware will 'holographic,' but such a will is valid only if it still has the two witnesses — an unwitnessed handwritten will fails. A handwritten will valid where it was made may still be honored in Delaware under § 1306 |
Not permitted. Delaware has not enacted the Uniform Electronic Wills Act or any electronic-wills statute; § 202 requires a physical signed writing attested and subscribed by two witnesses in the testator's presence. A will signed or witnessed only electronically or over video is not a valid Delaware will |
No. Delaware has no harmless-error or substantial-compliance statute; § 202(b) states flatly that a will not complying with the execution requirements 'shall be void.' It is a strict-compliance state — a will that misses a required formality (for example, only one witness) cannot be rescued by proof that the testator intended it as their will. A self-proving affidavit under § 1305 speeds up probate, but it presumes proper execution; it does not excuse a missing formality |
| District of Columbia verified 2026-07-11 | D.C. Code Title 18 (Wills). Paper wills are governed by Chapter 1 (§§ 18-101 to 18-112); the core execution statute is § 18-103, with capacity at § 18-102 and the interested-witness rule at § 18-104. Electronic wills are governed by Chapter 9, the Uniform Electronic Wills Act (§§ 18-901 to 18-911), enacted by D.C. Law 24-296 and effective March 10, 2023. DC keeps a traditional two-witness paper regime alongside a modern electronic-will option |
'A will, testament, or codicil is not valid... unless the person making it is at least 18 years of age and, at the time of executing or acknowledging it..., of sound and disposing mind and capable of executing a valid deed or contract' (§ 18-102). Eighteen is the floor, with no minor exception. DC's capacity standard is expressly tied to deed/contract capacity, and the familiar test also applies — knowing the nature of the act, the natural objects of your bounty, and the property you own. Capacity is measured when you execute or acknowledge the will |
A paper will is 'void unless it is... in writing and signed by the testator, or by another person in his presence and by his express direction' (§ 18-103(1)). If you cannot sign, another person may sign for you, but only in your presence and at your express direction. The statute states no signature-at-the-end rule. For an electronic will, § 18-905 requires a record readable as text, signed by the testator (or a proxy in the testator's physical presence and by direction) |
Two witnesses. A paper will must be 'attested and subscribed in the presence of the testator, by at least two credible witnesses' (§ 18-103(2)) — the witnesses must sign in your presence. Interested witness: DC uses a PURGING rule (§ 18-104) — a gift to an attesting witness is 'void as to him,' except the witness may still take up to the share they would receive in intestacy; the witness stays competent and the will itself remains valid, only the excess gift is purged. For an electronic will, the two witnesses may be in the testator's physical OR electronic (live audio-video) presence and sign within a reasonable time (§ 18-905(a)(3)) |
Notarization is never required to make a DC will valid, and a notary is not a witness. Unlike Uniform Probate Code states, DC has NO statutory self-proving affidavit for ordinary paper wills — Chapter 1 provides none, so a paper will's witnesses may have to prove it in the Probate Division; a notarized affidavit is commonly attached in practice but is not codified for paper wills. A codified self-proving mechanism exists only for ELECTRONIC wills (§ 18-908), where the testator's acknowledgment and the witnesses' affidavits before an authorized officer make the e-will self-proving at execution |
No. A paper will is 'void unless' it is attested by at least two credible witnesses (§ 18-103), and DC has no holographic-will provision — an unwitnessed handwritten will is not valid in the District. The only oral/informal exception is a narrow nuncupative will for a person 'in actual military or naval service or a mariner at sea,' limited to personal property and tightly conditioned (§ 18-107). A holographic will valid where and when it was made elsewhere may still be honored in DC under ordinary foreign-will principles |
Permitted. DC enacted the Uniform Electronic Wills Act (Chapter 9), effective March 10, 2023. An electronic will must be a text-readable record, signed by the testator (or a proxy in the testator's physical presence), and signed by at least two witnesses — who may be in the testator's PHYSICAL OR ELECTRONIC presence (live audio-video, remote witnessing) and located in a state — within a reasonable time after witnessing (§ 18-905). An electronic will can be made self-proving (§ 18-908) and reduced to a certified paper copy (§ 18-909) |
Split. DC has a harmless-error rule, but ONLY for electronic records: under § 18-906 a text record that fails the electronic-will execution rules (§ 18-905(a)) is deemed to comply if the proponent proves by clear and convincing evidence that the decedent intended it as their will (or a revocation, modification, or revival). There is NO harmless-error rule for ordinary paper wills — § 18-103 makes a noncompliant paper will 'void,' so a paper will that misses a formality is strictly fatal and cannot be saved by proof of intent |
| Florida verified 2026-07-11 | Florida Statutes ch. 732, part V — § 732.501 (who may make a will), § 732.502 (execution), § 732.503 (self-proof), § 732.504 (witnesses) — plus the Electronic Wills provisions at §§ 732.521–732.525. Florida follows the common-law attested-will model and, unusually, permits electronic wills (2019 Electronic Wills Act, eff. July 1, 2020); it does NOT allow holographic wills and has no harmless-error rule |
Must be 'of sound mind' and either '18 or more years of age or an emancipated minor' (§ 732.501) |
Must be in writing and signed by the testator 'at the end,' or the testator's name subscribed at the end 'by some other person in the testator's presence and by the testator's direction' (§ 732.502(1)(a)). The end-of-document rule is strict — anything added below the signature is not part of the will |
Two attesting witnesses. The testator's signing — or acknowledgment of a prior signature — must be 'in the presence of at least two attesting witnesses,' and those witnesses 'must sign the will in the presence of the testator and in the presence of each other' (§ 732.502(1)(b)–(c)). Any competent person may witness, and a gift is NOT void because a witness is also a beneficiary — Florida has no interested-witness purging rule (§ 732.504) |
Notarization is NOT required to execute a will. Florida offers an optional self-proving affidavit: the testator acknowledges the will and the witnesses swear to it 'before an officer authorized to administer oaths,' who attaches a certificate (§ 732.503). It may be done by physical presence OR online notarization, and lets the will be admitted to probate without locating the witnesses later |
No. Florida does not recognize holographic (unwitnessed handwritten) wills — every will needs two witnesses. It will not even honor an out-of-state holographic will: § 732.502(2) validates a nonresident's out-of-state will only if it is not 'a holographic or nuncupative will' |
Yes — Florida is one of the few states that permits them. Under the Electronic Wills Act (§§ 732.521–732.525, eff. July 1, 2020) a will may be signed with an 'electronic signature' and witnessed remotely by audio-video technology, if the signing is supervised by an online notary and meets Florida's online-notarization rules (§ 732.522; ch. 117, part II). An electronic will is otherwise judged like any § 732.502 will |
No. Florida has no harmless-error or substantial-compliance statute; § 732.502's formalities are mandatory ('Every will must be in writing and executed as follows'), so a will that misses a step is invalid however clear the testator's intent (strict compliance) |
| Georgia verified 2026-07-11 | Georgia's Revised Probate Code of 1998, O.C.G.A. Title 53, Chapter 4; execution is governed by Article 3 (§§ 53-4-20 to 53-4-24). Georgia uses the common-law attested-will model — a written will signed and subscribed by two competent witnesses. It is NOT a Uniform Probate Code, notarial-will, or electronic-wills state, and it does NOT recognize handwritten (holographic) wills |
14 or older — the lowest age in the nation (§ 53-4-10(a)); a criminal conviction does not remove the power to make a will (§ 53-4-10(b)). Capacity exists when the testator has 'a decided and rational desire as to the disposition of property' (§ 53-4-11(a)). An incapacity to contract may coexist with will-making capacity; an insane person may make a will only during a lucid interval, and neither old age nor eccentricity alone defeats capacity (§ 53-4-11(b)–(d)) |
Must be in writing and signed by the testator, or by another person 'in the testator's presence and at the testator's express direction' (§ 53-4-20(a)). The testator may sign by mark or by any name intended to authenticate the will. Georgia has no rule that the signature appear at the end of the document |
Two or more competent witnesses must 'attest and subscribe in the presence of the testator' (§ 53-4-20(b)); a witness may attest by mark, and must be age 14 or older (§ 53-4-22(a)). Georgia does not require the two witnesses to be present at the same time as each other. An interested witness (a beneficiary) is still competent, but the gift to that witness is VOID unless at least two other subscribing witnesses are not beneficiaries (§ 53-4-23(a)); a witness whose spouse receives a gift is fine — it goes only to credibility (§ 53-4-23(b)) |
Notarization is NOT required to make a will valid — a notary is not a witness. A self-proving affidavit is available: at execution or any time afterward, the testator and witnesses may swear an affidavit before a notary, which lets the will be admitted to probate without the witnesses' testimony (§ 53-4-24) |
No. Georgia does not recognize holographic (handwritten, unwitnessed) wills; every will must be attested and subscribed by two witnesses under § 53-4-20(b). A will you write and sign by hand without two witnesses is invalid in Georgia (though a holographic will that was valid where and when it was made in another state may still be honored) |
Not permitted. Georgia has not enacted electronic wills — bills to authorize them (HB 940 in 2022 and HB 901 in 2024) died without passing — and § 53-4-20 requires a physical writing subscribed by two witnesses in the testator's presence. A temporary 2020 pandemic executive order that allowed remote witnessing was never made permanent |
No — Georgia is a strict-compliance state. There is no harmless-error or substantial-compliance statute; the formalities of § 53-4-20 (a signed writing attested by two witnesses in the testator's presence) are mandatory, and a will missing one is invalid no matter how clear the testator's intent. Georgia has not adopted the Uniform Probate Code's curative provision |
| Hawaii verified 2026-07-11 | Hawaii Uniform Probate Code, HRS Chapter 560, Article II, Part 5. The core execution statute is § 560:2-502; § 560:2-501 sets who may make a will, § 560:2-503 is the harmless-error provision, § 560:2-504 the self-proving affidavit, and § 560:2-505 who may witness. Hawaii adopted the modern Uniform Probate Code, so it recognizes holographic wills, uses the 'reasonable time' witnessing rule, and has a harmless-error escape hatch. It has NOT adopted electronic wills |
Any individual 18 or older who is of sound mind may make a will (§ 560:2-501). There is no emancipated-minor exception. 'Sound mind' is not defined by statute; Hawaii case law supplies the test — the testator must know the nature and extent of their estate, know the beneficiaries and their relationship (the natural objects of their bounty), and understand the disposition they are making. Capacity is measured at the time of signing |
Must be in writing and 'signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction' (§ 560:2-502(a)). If you cannot sign, another person may sign for you, but only in your conscious presence (you must be aware it is happening) and at your direction. There is no signature-at-the-end rule |
At least two witnesses under the modern Uniform Probate Code rule: each witness must sign 'within a reasonable time after' witnessing either the signing of the will or the testator's acknowledgment of the signature or of the will (§ 560:2-502(a)(3)). The witnesses need not be present at the same time, and a witness may sign somewhat later. A witness need only be 'generally competent' (§ 560:2-505(a)). Interested witness: signing by an interested witness 'does not invalidate the will or any provision of it, including any gift' — the modern no-effect rule (§ 560:2-505(b)) |
Notarization is NOT required to sign a will — a notary is not a witness. A self-proving affidavit is available under § 560:2-504, executed with the will or later before an officer authorized to administer oaths, letting the will be admitted without live witness testimony. Hawaii adds that a signature on the self-proving affidavit counts as a signature on the will itself if needed to prove due execution (§ 560:2-504(c)) |
Yes. A will is valid as a holographic will, with or without witnesses, 'if the signature and material portions of the document are in the testator's handwriting' (§ 560:2-502(b)). Only the signature and the material (dispositive) provisions must be handwritten; preprinted or typed portions are allowed, and intent may be shown by extrinsic evidence, including the non-handwritten parts (§ 560:2-502(c)). There is no date requirement |
Not permitted. Hawaii has not enacted the Uniform Electronic Wills Act or any electronic-wills statute; § 560:2-502 requires a physically signed writing witnessed by two people. A will signed or witnessed only electronically or over video is not a valid Hawaii will — though a fully handwritten one may qualify as a holographic will, and Hawaii's harmless-error rule can sometimes save a nonconforming document |
Yes. Under § 560:2-503, a document not executed in compliance with § 560:2-502 is still treated as validly executed if its proponent proves 'by clear and convincing evidence' that the decedent intended it as their will (or as a revocation, alteration, or revival of a will). This is a genuine escape hatch for a will that missed an execution formality, though the clear-and-convincing standard is demanding, and there must still be a document or writing |
| Idaho verified 2026-07-11 | Idaho Uniform Probate Code, Title 15, Chapter 2. The core execution statute is § 15-2-502; § 15-2-501 sets who may make a will, § 15-2-503 recognizes holographic wills, § 15-2-504 the self-proving affidavit, § 15-2-505 who may witness, and § 15-2-506 recognizes out-of-state wills. Idaho keeps the pre-1990 UPC numbering (no harmless-error section) and separately enacted the Uniform Electronic Wills Act (§§ 15-2-1101 to 15-2-1111, 2023) |
Any emancipated minor, or any person 18 or older, who is of sound mind may make a will (§ 15-2-501). 'Sound mind' is not defined by statute; Idaho case law supplies the test — the testator must understand they are making a will, know the nature and extent of their property, and know the natural objects of their bounty (their heirs). Capacity is measured at the time of signing |
Must be in writing and 'signed by the testator or in the testator's name by some other person in the testator's presence and by his direction' (§ 15-2-502). If you cannot sign yourself, another person may sign for you, but only in your presence and at your direction. There is no signature-at-the-end rule |
At least two witnesses, 'each of whom witnessed either the signing or the testator's acknowledgment of the signature or of the will' (§ 15-2-502). A witness may watch the signing or witness a later acknowledgment; the statute does not require both witnesses to be present at the same time. A witness must be 18 or older and generally competent (§ 15-2-505(a)). Interested witness: a gift to a witness has no effect on validity — Idaho does not purge or reduce the gift (§ 15-2-505(b)) |
Notarization is NOT required to sign a will — a notary is not a witness. A self-proving affidavit is available under § 15-2-504, signed at execution or later before an officer authorized to administer oaths, letting the will be admitted without live witness testimony. An electronic will can be made self-proved under § 15-2-1108, and § 51-109 lets a notary handle a proxy signature for a testator physically unable to sign |
Yes. A handwritten will is valid with no witnesses 'if the signature and the material provisions are in the handwriting of the testator' (§ 15-2-503). Idaho requires only the signature and the material (dispositive) provisions to be handwritten — there is NO date requirement, and preprinted or typed portions are disregarded when deciding whether the handwritten parts make a valid will |
Permitted. Idaho enacted the Uniform Electronic Wills Act in 2023 (§§ 15-2-1101 to 15-2-1111). An electronic will must be a tamper-evident electronic record readable as text, signed by the testator (or a proxy in the testator's physical presence), and signed by at least two witnesses in the testator's physical OR electronic presence within a reasonable time (§ 15-2-1105). 'Electronic presence' allows remote audio-video witnessing |
No general harmless-error rule. Idaho retained the pre-1990 Uniform Probate Code, in which § 15-2-503 is the holographic-will section rather than the UPC's later harmless-error provision (§ 2-503), and § 15-2-502 states the execution requirements in mandatory terms ('shall be in writing … shall be signed'). A paper will that misses a formality generally cannot be saved by proof of intent; Idaho's flexibility comes from holographic and electronic wills, not a curative doctrine |
| Illinois verified 2026-07-11 | 755 ILCS 5/4-3 (Probate Act of 1975) is the core execution statute; § 4-1 sets capacity and § 4-6 handles a witness who is also a beneficiary. Illinois follows the common-law attested-will model and is NOT a notarial-will state. Illinois also has a separate Electronic Wills, Electronic Estate Planning Documents, and Remote Witnesses Act (755 ILCS 6/) authorizing electronic and remotely-witnessed wills |
18 or older and 'of sound mind and memory' (§ 4-1(a)). There is also a rebuttable presumption that a will is void if made after the testator was adjudicated disabled and a guardian was appointed with a finding of no testamentary capacity, unless clear and convincing evidence shows capacity at signing (§ 4-1(b)) |
Must be in writing and 'signed by the testator or by some person in his presence and by his direction' (§ 4-3(a)). A person who signs for the testator must do so in the testator's presence and at the testator's direction. Illinois has no rule requiring the signature to be at the end of the document |
Two or more 'credible witnesses' who attest 'in the presence of the testator' (§ 4-3(a)). The testator may sign in front of the witnesses or acknowledge an earlier signature to them; the witnesses need not be present at the same time as each other, but each must sign in the testator's presence. A gift to a witness is void unless the will is also validly attested by enough other witnesses, though that witness still takes up to their intestate share (§ 4-6(a)) |
Notarization is NOT required to sign a will — a notary is not a witness. A will is made self-proving under § 6-4: the witnesses' statements can be given by an attestation clause that is part of the will or by a signed affidavit, so the will can be admitted to probate without the witnesses testifying in person |
No. Illinois requires two credible witnesses (§ 4-3), so a handwritten, unwitnessed will is not valid, and Illinois has no holographic-will exception. (A handwritten will that was validly made under another state's law may still be honored here.) |
Yes. Illinois permits electronic wills and remote audio-video witnessing under the Electronic Wills, Electronic Estate Planning Documents, and Remote Witnesses Act (755 ILCS 6/), effective 2021 and expanded in 2024. An electronic will is a tamper-evident electronic record; § 15-10 lets the two witnesses attest through real-time audio-video communication rather than in the same room |
No. Illinois has no harmless-error or substantial-compliance statute — § 4-3's requirements (a signed writing attested by two credible witnesses in the testator's presence) must be met, and a will that misses a formality cannot be saved by showing the testator intended it as their will |
| Indiana verified 2026-07-11 | Ind. Code Title 29, Art. 1: ch. 5 (execution) — § 29-1-5-1 (capacity), § 29-1-5-2 (writing / witnesses / interested witness), § 29-1-5-3 (attested execution and paper-counterpart remote execution), § 29-1-5-3.1 (self-proving clause), § 29-1-5-4 (nuncupative), § 29-1-5-5 (out-of-state wills); PLUS ch. 21 (Electronic Wills, § 29-1-21-1 et seq., added 2018, amended 2019 & 2021). Indiana is a common-law attested-will state that has also enacted a full electronic-wills regime; it does not recognize holographic wills |
'Any person of sound mind who is eighteen (18) years of age or older, or who is younger and a member of the armed forces, or of the merchant marine of the United States, or its allies, may make a will' (§ 29-1-5-1). Age 18, with a military / merchant-marine exception for minors. 'Sound mind' is the ordinary testamentary-capacity standard |
'All wills except nuncupative wills shall be executed in writing' (§ 29-1-5-2(a)). The testator, before the witnesses, either signs, acknowledges a signature already made, or 'at the testator's direction and in the testator's presence' has someone else sign (§ 29-1-5-3(b)(1)). No statutory signature-at-the-end rule. An electronic will is signed by the testator's electronic signature (§ 29-1-21-4) |
Two witnesses (§ 29-1-5-3(a)). The testator must signify to the witnesses that the instrument is the will and sign/acknowledge/direct in the presence of both; 'the attesting witnesses must sign in the presence of the testator and each other' (§ 29-1-5-3(b)(2)) — a mutual-presence rule. Any competent person may witness (§ 29-1-5-2(b)). Interested-witness rule (§ 29-1-5-2(c)): the will is 'void only as to' an interested subscribing witness, and only if it 'cannot be proved without his testimony'; even then the witness keeps up to his intestate share. Being named executor, trustee, guardian, or counsel does not make a witness 'interested' (§ 29-1-5-2(d)) |
Notarization is NOT required to make a will valid — a notary is not a witness. Indiana offers an optional self-proving clause (§ 29-1-5-3.1): the testator and witnesses sign a statutory clause, which may be signed 'under the penalties for perjury,' so a notary is not strictly required. If the self-proving clause is signed at execution, 'no other signatures of the testator and witnesses are required' (§ 29-1-5-3.1(a)). Electronic wills have their own self-proving mechanism in ch. 21 |
No. Indiana does not recognize holographic (unwitnessed handwritten) wills — every will except a narrow deathbed oral will 'shall be executed in writing' AND attested by two witnesses (§§ 29-1-5-2(a), 29-1-5-3). A will validly executed elsewhere, including a holographic one, may still be honored under § 29-1-5-5 |
Yes — Indiana is an electronic-wills and remote-witnessing state. A fully electronic will is valid when signed by the electronic signatures of the testator and two witnesses who can 'interact with each other' and 'observe the testator and each other' as it is signed (§ 29-1-21-4, ch. 21 added 2018). Separately, a paper will may be executed in two or more counterparts with the signers 'interact[ing] with each other in real time through the use of technology,' under attorney or paralegal supervision, assembled within 5 business days (§ 29-1-5-3(c)) |
Limited. Indiana has no general harmless-error statute that excuses a missing formality (a will with only one witness is still invalid), but § 29-1-5-3 is expressly 'construed in favor of effectuating the testator's intent to make a valid will' (subsec. (h)), and a will 'executed substantially in compliance' is not invalidated by surplus clauses or extra signatures (subsec. (f)). A will valid where executed, or under the testator's domicile law, is honored (§ 29-1-5-5) |
| Iowa verified 2026-07-11 | Iowa Code Chapter 633 (Probate Code), Division VI (Wills). The core execution statute is § 633.279 ('Signed and witnessed'). Iowa keeps the traditional strict formalities — a written will, declared as such, signed before two witnesses who also sign in each other's presence. It has not adopted the Uniform Probate Code's execution article, does not recognize holographic wills, and is not an electronic-wills state |
Any person of 'full age and sound mind' may make a will (§ 633.264); full age is 18 in Iowa. The statute states only 'sound mind'; Iowa case law supplies the capacity standard — the testator must understand they are making a will, know the natural objects of their bounty (their family), and know the nature and extent of their property |
Must be in writing and signed by the testator, or by another person 'in the testator's presence and by the testator's express direction writing the testator's name thereto' (§ 633.279(1)). Iowa adds a publication requirement: the will must be 'declared by the testator to be the testator's will' — the testator must tell the witnesses that the document is their will |
Two competent witnesses, who sign 'at the testator's request' and 'in the presence of the testator and in the presence of each other' (§ 633.279(1)) — a strict presence rule requiring both witnesses together. A witness must be at least 16 (§ 633.280). Interested witness: a gift to a witness does not void the will, but the interested witness forfeits any part of the gift exceeding what they would have inherited by intestacy, unless two disinterested witnesses also signed (§ 633.281) |
Notarization is NOT required to sign a will — a notary is not a witness. A self-proving affidavit is available: the testator and the two witnesses may swear before a notary (or other officer authorized to take acknowledgments), at execution or later, using the form in § 633.279(2); a self-proved will can be admitted to probate without the witnesses' testimony |
No. Every Iowa will must be witnessed under § 633.279; there is no exception for an unwitnessed handwritten (holographic) will. A holographic will that was validly executed under the law of the place where it was made, or of the testator's domicile, may still be honored in Iowa under the foreign-will statute (§ 633.283) |
Not permitted. Iowa has not enacted the Uniform Electronic Wills Act or any electronic-will statute, and § 633.279 requires two witnesses to sign in the physical presence of the testator and of each other. A will signed only electronically, or witnessed only over video, is not valid in Iowa |
No. Iowa is a strict-compliance state — it has no harmless-error or substantial-compliance statute (it has not adopted UPC § 2-503). Section 633.279 says a will, 'to be valid, must' meet each listed formality, so a technical defect such as a missing witness or a witness who did not sign in the others' presence generally voids the will, however clear the testator's intent |
| Kansas verified 2026-07-11 | Kansas Probate Code, Chapter 59, Article 6 (Wills). The core execution statute is § 59-606; § 59-601 sets who may make a will, § 59-604 handles a gift to a witness, § 59-608 permits a narrow last-sickness oral will, and § 59-609 recognizes out-of-state wills. Kansas uses the common-law attested-will model and is NOT a notarial-will or electronic-wills state |
Any person 'of sound mind, and possessing the rights of majority' may make a will (§ 59-601). The rights of majority attach at 18 (a minor may be granted them earlier by court order). 'Sound mind' is not defined in the statute; Kansas case law supplies the test — the testator must know the nature and extent of their property, know the natural objects of their bounty (their heirs), and understand the nature and effect of making a will. Capacity is measured at the time of signing |
Must be in writing and 'signed at the end by the party making the will, or by some other person in the presence and by the express direction of the testator' (§ 59-606). Kansas enforces a signature-at-the-end rule — the signature must close the document, and Kansas courts read 'subscribed' to mean signed at the end — so anything appearing below the signature is at risk of being disregarded |
Two or more competent witnesses. The will 'shall be attested and subscribed in the presence of' the testator by 'two or more competent witnesses, who saw the testator subscribe or heard the testator acknowledge the will' (§ 59-606). Each witness signs in the testator's presence, after either watching the testator sign or hearing the testator acknowledge the will. Interested witness: a gift to a subscribing witness is void 'unless there are two other competent subscribing witnesses who are not beneficiaries,' though the witness keeps up to the share they would have taken in intestacy (§ 59-604) |
Notarization is NOT required to sign a will — a notary is not a witness. Kansas builds a self-proving option directly into § 59-606: the testator and witnesses may sign acknowledgments and affidavits, in the statutory form, before an officer authorized to take acknowledgments and administer oaths. If a conforming affidavit is executed at the time of signing, 'no other signatures of the witnesses or any other attestation clause is required,' and a self-proved will is admitted to probate without witness testimony unless contested |
No. Kansas does not recognize holographic wills; § 59-606 requires two witnesses, and the only witness-free form is the narrow last-sickness oral will (§ 59-608). Kansas will, however, honor a will executed in another state that was valid where made or under the testator's home-state law, provided it is in writing and subscribed by the testator (§ 59-609) — so a handwritten will valid where it was signed may still be given effect after a move |
Not permitted. Kansas has not enacted the Uniform Electronic Wills Act or any electronic-wills statute; § 59-606 requires a physically signed writing attested and subscribed in the testator's presence. A will signed or witnessed only electronically is not a valid Kansas will |
No. Kansas has not adopted the Uniform Probate Code's harmless-error rule (§ 2-503) or any substantial-compliance cure. Section 59-606 states the requirements in mandatory terms ('shall be in writing, and signed at the end ... shall be attested and subscribed'), so a technical execution defect generally voids the will and cannot be excused by proof of intent |
| Kentucky verified 2026-07-19 | KRS Chapter 394: ordinary paper wills (§§ 394.020, 394.040, 394.210, 394.225) and the Uniform Electronic Wills Act (§§ 394.700–394.715), effective for wills of decedents dying on or after July 15, 2026 (§ 394.715). |
18 or older and 'of sound mind' (§ 394.020). |
The will must be in writing with the testator's name signed by the testator or by another person in the testator's presence and at the testator's direction (§ 394.040). |
Two witnesses — unless the will is wholly handwritten. If the will is not wholly written by the testator, the testator must sign or acknowledge it 'in the presence of at least two (2) credible witnesses, who shall subscribe the will with their names in the presence of the testator, and in the presence of each other' (§ 394.040). Interested-witness PURGING rule: a devise to an attesting witness (or the witness's spouse) is VOID if the will cannot otherwise be proved, except the witness may still take up to what they would inherit intestate (§ 394.210(2)) |
Notarization is not required for an ordinary paper will. Optional self-proving is available for paper wills under § 394.225 and electronic wills under § 394.710; when a remotely witnessed electronic will is self-proved, § 394.710 specifies the authorized notary. |
Yes. A will 'wholly written by the testator' needs no witnesses — § 394.040 imposes the two-witness rule only 'if the will is not wholly written by the testator.' So a will entirely in the testator's own handwriting, with the testator's name subscribed, is valid unwitnessed. Kentucky's statute sets no separate date requirement for a handwritten will |
Permitted for wills of decedents dying on or after July 15, 2026. The readable text record uses an electronic image of each handwritten signature and is signed within a reasonable time by two Kentucky residents physically in Kentucky who witness in the testator's physical or electronic presence (§§ 394.706, 394.715). |
No general harmless-error statute. Section 394.040 says no ordinary will is valid unless its formalities are met. For an electronic will, § 394.706(3) allows extrinsic evidence of testamentary intent but does not dispense with the section's signature and witness requirements. |
| Louisiana verified 2026-07-11 | La. Civ. Code arts. 1570–1581. Louisiana is a civil-law state: a will is a 'testament,' and a disposition at death may be made only in a form the law authorizes. There are exactly TWO forms — olographic (art. 1575) and notarial (art. 1576) — and no common-law attested will. Formalities 'must be observed or the testament is absolutely null' (art. 1573). 2025 Act 30 (eff. Aug. 1, 2025) rewrote both forms and repealed former arts. 1577–1580.1 |
16, not 18. A minor under 16 cannot make a will except in favor of a spouse or children; a minor who has reached 16 may make a will (donation mortis causa) in favor of anyone (art. 1476). Capacity requires being able 'to comprehend generally the nature and consequences of the disposition' (art. 1477), judged as of the moment of execution |
Every testament must be written and signed. Olographic: entirely written, dated, and signed in the testator's own handwriting (art. 1575). Notarial: prepared in writing and signed by the testator, or — if unable to sign — by the testator's mark or by another person at the testator's direction and in the testator's presence (art. 1576(A)). Since 2025 Act 30 the signature may appear anywhere in either form (arts. 1575(B), 1576(B)). No agent (mandatary) may make a testament, and no two people may use one instrument (art. 1571) |
Two witnesses — but ONLY for the notarial testament, which is executed 'before a notary public in the presence of two witnesses' and signed by the testator, each witness, and the notary (art. 1576(A)). The olographic (handwritten) testament needs NO witnesses. A witness may not be someone insane, blind, under 16, or unable to sign his name (art. 1581) — the exclusive list; Louisiana has no purging statute voiding a gift to a witness who is also a beneficiary |
For the notarial testament a notary is REQUIRED for validity (art. 1576) — Louisiana is the one state where notarization can be an execution requirement. The olographic testament needs no notary. A notarial testament is self-proving (needs no proof at probate) if it is signed on each separate page and carries a declaration by the notary and witnesses (La. C.C.P. art. 2887(A); art. 2891). Without that, it is proved by notary/witness testimony or affidavit (art. 2887(B)). An olographic testament is never self-proving — its handwriting must always be proved |
Yes — this is the olographic testament, the civil-law handwritten will. It is valid with no witnesses and no notary 'if entirely written, dated, and signed in the handwriting of the testator' (art. 1575(A)). It must be ENTIRELY in the testator's hand (a typed page or a printed form with handwritten blanks does not qualify) and must be dated; since 2025 Act 30 the date is sufficient if the day, month, and year are reasonably ascertainable, clarified by extrinsic evidence if needed (art. 1575(C)) |
Not permitted. Louisiana has not adopted the Uniform Electronic Wills Act or any electronic-will statute; both testament forms require either the testator's own handwriting (olographic) or physical execution before a notary and two witnesses (notarial). There is no remote audio-video witnessing authority. A will existing only as an electronic file, or 'signed' by typing a name, is not a valid Louisiana testament |
No harmless-error or substantial-compliance escape hatch. A testament that fails a required formality 'is absolutely null' (art. 1573), and no court may excuse the defect on a showing of intent. Louisiana's 2025 Act 30 reforms instead RELAXED the formalities themselves (signature anywhere, no mandatory attestation clause or publication for validity, fewer special-case rules), reducing what can void a will — but they did not create a curative doctrine |
| Maine verified 2026-07-11 | Maine Uniform Probate Code, 18-C M.R.S. Article 2, Part 5 (the recodified Probate Code, which replaced former Title 18-A, effective 2019). The core execution statute is § 2-502; § 2-501 sets who may make a will, § 2-503 is the self-proving affidavit, § 2-504 covers who may witness and the interested-witness rule, and § 2-505 is the choice-of-law rule. Maine adopted the modern UPC execution rules — 'reasonable time' witnessing, holographic wills, and the no-effect interested-witness rule — but did NOT adopt the UPC harmless-error provision, and has not adopted electronic wills |
An individual of sound mind who is 18 or older — OR a legally emancipated minor — may make a will (§ 2-501). Maine expressly lets a legally emancipated minor make a will regardless of age. 'Sound mind' is not defined by statute; Maine case law supplies the testamentary-capacity test — the testator must understand the nature of the act, know the natural objects of their bounty, and know the nature and extent of their property. Capacity is measured at the time of signing |
Must be in writing and 'signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction' (§ 2-502(1)(B)). If you cannot sign, another person may sign for you, but only in your conscious presence (you must be aware it is happening) and at your direction. There is no signature-at-the-end rule |
Two witnesses. Each must sign 'within a reasonable time after' witnessing either the signing of the will or the testator's acknowledgment of the signature or of the will (§ 2-502(1)(C)) — the modern UPC 'reasonable time' rule, so the witnesses need not all be present at the same time and a witness may sign somewhat later. A witness need only be 'generally competent' (§ 2-504(1)). Interested witness: signing by an interested witness 'does not invalidate the will or any portion of it' — the modern no-effect rule (§ 2-504(2)) |
Notarization is NOT required to sign a will — a notary is not one of the two witnesses. A self-proving affidavit is available under § 2-503, executed with the will or later before an officer authorized to administer oaths, letting the will be admitted to probate without live witness testimony. Maine adds that a signature on the self-proving affidavit 'is considered a signature affixed to the will, if necessary to prove the will's due execution' (§ 2-503(3)) |
Yes. A will that does not meet the witnessed-will rules 'is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting' (§ 2-502(2)). Only the signature and the material (dispositive) provisions must be handwritten; § 2-502(3) lets a court use extrinsic evidence — including non-handwritten portions — to show you intended the document as your will. There is no date requirement. Holographic recognition is a feature of the current Probate Code (Title 18-C) |
Not permitted. Maine has not enacted the Uniform Electronic Wills Act or any electronic-wills statute; § 2-502 requires a physically signed writing witnessed in person by two people. A will signed or witnessed only electronically or over video is not a valid Maine will — though a fully handwritten one may qualify as a holographic will |
No. Maine did not adopt the Uniform Probate Code's harmless-error provision (UPC § 2-503); in Maine that § 2-503 slot is the self-proving-affidavit statute, and Part 5 contains no section letting a court excuse a defective execution on proof of intent. Maine is a strict-compliance state — a will that misses a required formality (for example, only one witness) generally cannot be saved by showing the testator meant it as their will. The one narrow softening is that a fully handwritten document can still qualify as a holographic will under § 2-502(2) |
| Maryland verified 2026-07-11 | Md. Code, Estates & Trusts (ET) Title 4, Subtitle 1: § 4-101 (definitions, including electronic will and remotely witnessed will), § 4-102 (writing, signature, and witness rules, plus electronic/remote execution), § 4-103 (narrow military holographic will), § 4-104 (out-of-state execution). Maryland is a common-law attested-will state that added electronic and remotely-witnessed wills effective April 21, 2022; it has no harmless-error statute and no general holographic will |
'Any person may make a will if the person is 18 years of age or older, and legally competent to make a will' (§ 4-102(a)). Age 18, with no general minor exception. 'Legally competent' is the testamentary-capacity (sound-mind) standard — understanding the act, one's property, and the natural objects of one's bounty |
The will must be in writing and 'signed by the testator, or by some other person for the testator, in the testator's physical presence and by the testator's express direction' (§ 4-102(b)(1)–(2)). An electronic will is signed with an electronic signature (§§ 4-101(d), 4-102). No statutory signature-at-the-end rule |
'Attested and signed by two or more credible witnesses' in 'the physical presence of the testator,' or — for an electronic or remotely witnessed will — in 'the electronic presence of the testator' (§ 4-102(b)(3)). The witnesses sign in the testator's presence; the statute does not separately require them to sign in each other's presence for an ordinary paper will (though for an electronic/remote will everyone, plus a supervising attorney, must be in one another's presence — § 4-102(c)(1)). Maryland has no interested-witness/purging statute — a beneficiary may lawfully serve as a witness, though disinterested witnesses are safer |
Notarization is NOT required for a conventional paper will — two credible witnesses in your physical presence is enough (§ 4-102(b)). Maryland builds a notarized (or supervising-attorney) acknowledgment and witness affidavit into the electronic/remotely-witnessed-will process, where it forms part of the 'certified will' that becomes the original (§ 4-102(c)(5)(iii), (d)(3)) |
Only in a narrow military case. A will 'entirely in the handwriting of a testator who is serving in the armed services of the United States' and 'signed by the testator outside of a state of the United States, the District of Columbia, or a territory' is valid with no witnesses (§ 4-103(a)) — but it is 'void one year after the discharge of the testator from the armed services' unless the testator died or lost capacity first (§ 4-103(b)). Maryland recognizes no general holographic will |
Yes — permitted since April 21, 2022. An electronic will (electronically signed) or a remotely witnessed will (witnesses in the testator's real-time audio-video 'electronic presence') is valid if executed under § 4-102(c) or (d): the testator and all witnesses (and, under (c), a supervising attorney) are in one another's physical or electronic presence, the testator is a Maryland resident or physically in Maryland, each remote witness is a U.S. resident located in the U.S., and a 'certified will' — a paper version plus a signed certification and a notary or attorney acknowledgment — is created and 'deemed to be the original will' (§ 4-102(e)) |
No. Maryland is a strict-compliance state with no harmless-error or substantial-compliance statute; a will that misses § 4-102's formalities is invalid, however clear the testator's intent. A will validly executed under another state's law, for a testator outside Maryland, is honored (§ 4-104) |
| Massachusetts verified 2026-07-11 | Massachusetts adopted the Uniform Probate Code (Massachusetts Uniform Probate Code, G.L. c. 190B, effective 2012); execution is in Article II, Part 5, and § 2-502 is the core statute. Massachusetts follows the common-law attested-will model (a written will signed and witnessed by two people), does NOT recognize holographic wills, and has NOT adopted electronic wills. § 2-501 sets who may make a will; § 2-505 handles interested witnesses |
'An individual 18 or more years of age who is of sound mind may make a will' (§ 2-501). The statute does not further define 'sound mind'; Massachusetts case law supplies the usual testamentary-capacity test. There is no lower age for married or emancipated minors |
Must be in writing and signed by the testator, 'or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction' (§ 2-502(a)). There is no rule that the signature be at the end and no publication requirement; a signature on an attached self-proving affidavit counts as a signature on the will if needed to prove execution (§ 2-504(c)) |
The will must be 'signed by at least 2 individuals, each of whom witnessed either the signing of the will ... or the testator's acknowledgment of that signature or acknowledgment of the will' (§ 2-502(a)(3)). The witnesses need not be present at the same time, need not sign in the testator's or each other's presence, and no publication is required. An interested witness: a devise to a witness (or a witness's spouse) is VOID unless there are two other disinterested subscribing witnesses, or the interested witness proves the gift was not the result of the witness's fraud or undue influence (§ 2-505(b)) |
Notarization is NOT required to sign a valid will — a notary is not a witness. A will may be made self-proved by the testator's acknowledgment and the witnesses' affidavits before a notary, either at execution or later (§ 2-504), which lets it be admitted in a formal probate proceeding without live witness testimony |
No. Massachusetts' execution statute requires two witnesses (§ 2-502) and has no holographic-will provision, so an unwitnessed handwritten will executed in Massachusetts is not valid. But a written will valid where it was executed, or under the law of the testator's domicile, abode, or nationality, is honored (§ 2-506) — so a holographic will valid in another state can still be recognized after a move |
Not permitted. Massachusetts has not adopted electronic wills; § 2-502 requires a written will signed and witnessed, and no electronic-wills statute is in force (a 2021–2022 bill, SD 2927, did not pass). A will 'signed' only electronically, or witnessed only over video, is not valid |
No. Massachusetts deliberately did NOT adopt the Uniform Probate Code's harmless-error section: c. 190B lists § 2-503 as '(Reserved),' explaining that in Massachusetts 'the standards for executing and attesting a will should not be loosened any more than under UPC Section 2-502.' A will that misses a formality cannot be saved on proof of intent. Section 2-502(b) does let extrinsic evidence establish that a document was intended as a will, but that does not excuse a defect in signing or witnessing |
| Michigan verified 2026-07-11 | Michigan's Estates and Protected Individuals Code (EPIC), 1998 PA 386; execution is governed by MCL 700.2501–700.2505. Michigan follows the Uniform Probate Code model — a written will signed by two witnesses, with a handwritten (holographic) alternative and a harmless-error safety valve. It is not a notarial-will state, and it has not (yet) adopted electronic wills |
18 or older with 'sufficient mental capacity' (§ 700.2501(1)). Capacity is defined by statute: the ability to understand that you are providing for the disposition of your property after death, to know the nature and extent of your property, to know the natural objects of your bounty, and to understand in a reasonable manner the general nature and effect of signing the will (§ 700.2501(2)) |
Must be in writing and signed by the testator, or signed in the testator's name by another person 'in the testator's conscious presence and by the testator's direction' (§ 700.2502(1)(a)–(b)). 'Conscious presence' means within the range of the testator's senses. Michigan has no rule that the signature appear at the end of the document |
At least two individuals, each of whom signs 'within a reasonable time after' witnessing either the testator's signing or the testator's acknowledgment of the signature or of the will (§ 700.2502(1)(c)). The witnesses need not be present at the same time as each other, and may sign later within a reasonable time. Any generally competent person may witness, and 'the signing of a will by an interested witness does not invalidate the will or any provision of it' (§ 700.2505) — Michigan has no interested-witness purging rule |
Notarization is NOT required to make a will valid — a notary is not a witness. A self-proving affidavit is available: the testator and witnesses may swear before a notary at execution or later, in the statutory form (§ 700.2504). Michigan also allows a non-sworn self-proving statement made 'under penalty for perjury under the law of the state of Michigan,' with no notary (§ 700.2504(5)) |
Yes. A will that does not meet the witnessed-will rules is valid as a holographic will, whether or not witnessed, 'if it is dated, and if the testator's signature and the document's material portions are in the testator's handwriting' (§ 700.2502(2)). Note Michigan requires a DATE, and intent may be shown by extrinsic evidence, including non-handwritten portions of the document (§ 700.2502(3)) |
Not permitted. Michigan's execution statute requires a physical signed writing witnessed by people in the testator's conscious (physical) presence (§ 700.2502); it has not adopted the Uniform Electronic Wills Act or electronic/remote witnessing. A 2025–2026 bill (HB 5701) would authorize electronic wills and 'electronic presence' witnessing, but it is only pending — see below |
Yes. Under Michigan's 'writings intended as wills' rule, a document not executed in compliance with § 700.2502 is treated as if it were, if the proponent establishes 'by clear and convincing evidence' that the decedent intended it to be the decedent's will (or a revocation, alteration, or revival) (§ 700.2503). This is a broad harmless-error doctrine reaching execution defects generally |
| Minnesota verified 2026-07-11 | Minn. Stat. ch. 524 (Uniform Probate Code), art. 2, pt. 5: § 524.2-501 (capacity), § 524.2-502 (execution — witnessed wills), § 524.2-503 (harmless error), § 524.2-504 (self-proved will), § 524.2-505 (who may witness), § 524.2-506 (choice of law), with the electronic-will definitions in § 524.1-201. Minnesota adopted the Uniform Electronic Wills Act (2023, effective Aug. 1, 2023). Minnesota is a common-law attested-will state: two witnesses are required (no notary alternative), it recognizes no holographic will, but it permits electronic and remotely-witnessed wills and has a harmless-error doctrine |
'Any person 18 or more years of age who is of sound mind may make a will' (§ 524.2-501). A flat age of 18. 'Sound mind' is the testamentary-capacity standard supplied by case law: understanding the act of making a will, the general nature and extent of one's property, and the natural objects of one's bounty |
A will must be 'in writing' and 'signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction,' or signed by the testator's conservator by court order under § 524.5-411 (§ 524.2-502(1)-(2)). No signature-at-the-end rule. Since the 2023 Electronic Wills Act, 'signed' includes affixing or logically associating an electronic symbol, signature, or mark with the intent to execute (§ 524.1-201) |
Two witnesses. 'At least two individuals' must each sign 'within a reasonable time after witnessing either the signing of the will ... or the testator's acknowledgment of that signature or acknowledgment of the will' (§ 524.2-502(3)) — the modern reasonable-time rule. There is no notary substitute; two witnesses are required. Any person generally competent to be a witness may witness (§ 524.2-505(a)). Interested-witness rule: 'The signing of a will by an interested witness does not invalidate the will or any provision of it' (§ 524.2-505(b)) — no purging; a beneficiary may serve as a witness |
Notarization is NOT an execution requirement and is not an alternative to witnesses — a Minnesota will is executed with two witnesses. A will may, however, be made self-proved by the testator's acknowledgment and the witnesses' affidavits before an officer authorized to administer oaths (a notary), certified under official seal, either contemporaneously with execution or at any later time (§ 524.2-504). Since Aug. 1, 2023 that acknowledgment and those affidavits may be made in the notary's physical OR electronic presence |
No. Minnesota does not recognize holographic (handwritten, unwitnessed) wills — § 524.2-502 requires every will to be signed by at least two witnesses, with no holographic exception. A handwritten will is valid in Minnesota only if it is witnessed like any other will. A will validly executed elsewhere, including a holographic one, may still be honored under § 524.2-506 |
Yes. Minnesota adopted the Uniform Electronic Wills Act (2023, effective Aug. 1, 2023). 'Will' now 'includes an electronic will' (§ 524.1-201) — a will 'created, signed, or maintained' in an electronic medium, retrievable, and capable of verification it was not altered after signing. 'Signed' includes an electronic symbol or mark, and 'presence' or 'conscious presence' includes being in a state and 'communicating simultaneously with the testator by means of an electronic device or process by sight and sound' — so the two witnesses (and a self-proving notary) may appear by live audio-video (§ 524.1-201). The two-witness rule of § 524.2-502 still applies; only the medium and the presence may be electronic |
Yes. Under § 524.2-503 a document not executed in compliance with § 524.2-502 is treated as if it were, if the proponent proves 'by clear and convincing evidence' that the decedent intended it as a will (or a partial/complete revocation, an addition or alteration, or a revival). By its own terms this harmless-error rule 'applies to documents and writings executed on or after March 13, 2020' (§ 524.2-503(b)) |
| Mississippi verified 2026-07-11 | Mississippi Code Title 91, Chapter 5 (Wills and Testaments). The single core execution statute is § 91-5-1; § 91-5-9 voids certain gifts to a witness, § 91-5-15 allows a narrow oral (nuncupative) will, and § 91-7-7 supplies the self-proving affidavit. Mississippi uses the common-law attested-will model and is NOT a notarial-will or electronic-wills state |
Every person 18 or older 'being of sound and disposing mind' may make a will (§ 91-5-1). The statute sets the 'sound and disposing mind' standard; Mississippi case law fills it in — the testator must understand the nature of making a will, know the natural objects of their bounty (their heirs), and know the nature and extent of their property. Capacity is measured only at the moment of execution |
The will must be in writing and 'signed by the testator or testatrix, or by some other person in his or her presence and by his or her express direction' (§ 91-5-1). There is no statutory rule that an attested will be signed at the end (the 'subscribed' requirement applies to the wholly-handwritten form). Mississippi also recognizes a narrow oral (nuncupative) will made during a last sickness (§ 91-5-15) |
A will 'not wholly written and subscribed' by the testator 'shall be attested by two (2) or more credible witnesses in the presence of the testator' (§ 91-5-1). The witnesses must attest (sign) in the testator's presence; the statute does not require them to be present at the same time as each other. Interested witness: a gift to a subscribing witness is void only 'if the will cannot otherwise be proven,' and even then the witness keeps up to their intestate share (§ 91-5-9). A creditor may serve as a witness, but any will provision favoring that creditor's debt is void (§ 91-5-13) |
Notarization is NOT required to sign a will — a notary is not a witness. A self-proving option exists under § 91-7-7: execution may be proved by affidavits of the subscribing witnesses, annexed to or made part of the will and stating each witness's address, and those affidavits 'may be signed at the time that the will is executed.' Without a self-proving affidavit, a subscribing witness generally must testify at probate |
Yes. A will 'wholly written and subscribed' in the testator's own hand needs no witnesses (§ 91-5-1) — Mississippi's holographic will is built into the main execution statute rather than a separate section. The entire will and the signature must be in the testator's handwriting; the statute states no date requirement |
Not permitted. Mississippi has not enacted the Uniform Electronic Wills Act or any electronic-wills statute; § 91-5-1 requires a physically signed writing attested in the testator's presence. Bills to authorize video-recorded wills (HB 1153 in 2025 and HB 400 in 2026) each died in committee. A will signed or witnessed only electronically is not valid |
No. Mississippi has not adopted the Uniform Probate Code's harmless-error rule (§ 2-503) or any substantial-compliance cure. Section 91-5-1 states the attestation requirement in mandatory terms ('shall be attested by two (2) or more credible witnesses'), so a technical execution defect generally voids the will and cannot be excused by proof of intent |
| Missouri verified 2026-08-01 | Mo. Rev. Stat. ch. 474: §§ 474.310-.360 (traditional wills) and §§ 474.540-.564 (electronic wills, effective Aug. 28, 2025 and applicable to decedents dying on/after that date) |
Sound mind and age 18+, or a minor emancipated by adjudication, marriage, or entry into active military duty (§ 474.310) |
Traditional: writing signed by testator or directed person in testator's presence (§ 474.320). Electronic: readable text, signed by testator or directed person in testator's physical presence (§ 474.548.1(1)-(2)). |
Two or more competent witnesses. Traditional witnesses sign in testator's presence (§§ 474.320, .330). Electronic witnesses sign after witnessing signing/acknowledgment, in testator's physical or electronic presence (§ 474.548.1(3)). |
Notary not required for validity. Traditional self-proof uses § 474.337; an electronic will may use that route or, when fewer than two witnesses are physically with testator, a remote online notary under § 474.550. |
No unwitnessed holographic exception. Handwriting may be used, but the will must satisfy the traditional two-witness rule or the electronic-will act (§§ 474.320, .548). |
Yes. Electronic will must remain readable as text and use testator plus 2 witness signatures; witnesses may be in physical or live interactive audio-video presence. Extrinsic evidence may establish testamentary intent (§§ 474.542, .548). |
No general harmless-error statute. A traditional written will may qualify under Missouri, execution-place, domicile, abode, or nationality law (§ 474.360); an electronic will may qualify under execution-location, domicile, or residence law (§ 474.546). |
| Montana verified 2026-07-11 | Montana Uniform Probate Code, Title 72, Chapter 2, Part 5. The core execution statute is § 72-2-522; § 72-2-521 sets who may make a will, § 72-2-523 ("writings intended as wills") is the harmless-error provision, § 72-2-524 the self-proving affidavit, and § 72-2-525 who may witness. Montana adopted the modern Uniform Probate Code, so it recognizes holographic wills, uses the 'reasonable time' witnessing rule, applies the no-effect interested-witness rule, and has a harmless-error escape hatch. It has NOT adopted electronic wills |
An individual 18 or more years of age who is of sound mind may make a will (§ 72-2-521). You must be at least 18 — there is no emancipated-minor exception — and of sound mind. The statute does not define 'sound mind'; Montana case law supplies the test — the testator must understand they are making a will, know the natural objects of their bounty (the people who would ordinarily inherit), and know the nature and extent of their property. Capacity is measured at the time of signing |
Must be in writing and 'signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction' (§ 72-2-522(1)(b)). If you cannot sign, another person may sign for you, but only in your conscious presence (you must be aware it is happening) and at your direction. There is no signature-at-the-end rule |
At least two witnesses under the modern Uniform Probate Code rule: each witness must sign 'within a reasonable time after' witnessing either the signing of the will or the testator's acknowledgment of the signature or of the will (§ 72-2-522(1)(c)). The witnesses need not be present at the same time, and a witness may sign somewhat later. A witness need only be 'generally competent' (§ 72-2-525(1)). Interested witness: signing by an interested witness 'does not invalidate the will or any provision of it' — the modern no-effect rule (§ 72-2-525(2)) |
Notarization is NOT required to sign a will — a notary is not a witness. A self-proving affidavit is available under § 72-2-524, executed with the will or later before an officer authorized to administer oaths, letting the will be admitted to probate without live witness testimony. A signature on the self-proving affidavit 'is considered a signature affixed to the will if necessary to prove the will's due execution' (§ 72-2-524(3)) |
Yes. A will is valid as a holographic will, with or without witnesses, 'if the signature and material portions of the document are in the testator's handwriting' (§ 72-2-522(2)). Only the signature and the material (dispositive) provisions must be handwritten; § 72-2-522(3) allows extrinsic evidence, including the non-handwritten portions, to show you intended the document as your will. There is no date requirement |
Not permitted. Montana has not enacted the Uniform Electronic Wills Act or any electronic-wills statute; § 72-2-522 requires a physically signed writing witnessed by two people, and even the harmless-error rule reaches only 'a document or writing' (§ 72-2-523), not an audio or video recording. A will signed or witnessed only electronically or over video is not a valid Montana will — though a fully handwritten one may qualify as a holographic will |
Yes. Under § 72-2-523 ('writings intended as wills'), a document not executed in compliance with § 72-2-522 is still treated as validly executed if the proponent proves 'by clear and convincing evidence' that the decedent intended it as their will (or as a revocation, alteration, or revival of a will). It is a genuine escape hatch, but the clear-and-convincing standard is demanding and it reaches only 'a document or writing' — a purely oral or recorded statement, with no written document, does not qualify |
| Nebraska verified 2026-07-11 | Nebraska Probate Code, Chapter 30 (Uniform Probate Code). The core execution statute is § 30-2327; § 30-2326 sets who may make a will, § 30-2328 recognizes holographic wills, § 30-2329 the self-proving affidavit, § 30-2330 the interested-witness rule, and § 30-2331 recognizes out-of-state wills. Nebraska adopted the Uniform Probate Code and is NOT a notarial-will or electronic-wills state |
Any individual 18 or older (or who 'is not a minor') and of sound mind may make a will (§ 30-2326). 'Sound mind' is not defined in the statute; Nebraska case law supplies the test — the testator must know the nature and extent of their property, know the natural objects of their bounty (their heirs), and understand the disposition they are making. Capacity is measured at the time of signing |
Must be in writing and 'signed by the testator or in the testator's name by some other individual in the testator's presence and by his direction' (§ 30-2327). Nebraska reads 'writing' broadly — handwritten, typed, printed, on a form, or a combination all qualify. There is no signature-at-the-end rule |
At least two witnesses, 'each of whom witnessed either the signing or the testator's acknowledgment of the signature or of the will' (§ 30-2327). A witness may observe the signing itself or the testator's later acknowledgment; the witnesses need not all be present at the same time, but they must sign before the testator's death. Interested witness: a gift to a witness does not invalidate the will, but 'unless there is at least one disinterested witness,' an interested witness may take only up to their intestate share (§ 30-2330) |
Notarization is NOT required to sign a will — a notary is not a witness. A self-proving affidavit is available under § 30-2329, executed at signing or later before an officer authorized to administer oaths, in the statutory form. Nebraska makes it powerful: executing the acknowledgment and affidavits 'shall be sufficient to satisfy the requirements of the signing of the will by the testator and the witnesses under section 30-2327,' and a conforming self-proved will's execution is conclusively presumed |
Yes. A handwritten will is valid with no witnesses 'if the signature, the material provisions, and an indication of the date of signing are in the handwriting of the testator' (§ 30-2328). Nebraska requires a handwritten date, but softens it: an undated holographic will can still be valid if it is the only such instrument, is not inconsistent with any like instrument, or its date can be determined from the contents or extrinsic evidence |
Not permitted. Nebraska has not enacted the Uniform Electronic Wills Act or any electronic-wills statute; § 30-2327 requires a physically signed writing witnessed by two people. A will signed or witnessed only electronically is not a valid Nebraska will |
No. Nebraska has not adopted the Uniform Probate Code's later harmless-error rule (the 1990 UPC § 2-503) or any substantial-compliance cure. Section 30-2327 states the requirements in mandatory terms ('is required to be in writing signed by the testator ... required to be signed by at least two individuals'), so a technical execution defect generally voids an attested will and cannot be excused by proof of intent. Nebraska's flexibility comes instead from recognizing holographic wills |
| Nevada verified 2026-07-11 | Nevada Revised Statutes Chapter 133 (Wills). The core execution statute is NRS 133.040; Nevada also has separate statutes recognizing holographic wills (NRS 133.090) and electronic wills (NRS 133.085 to 133.088, 133.300 to 133.340). Nevada keeps a common-law attested-will model for paper wills but is a national pioneer on electronic wills |
Every person of sound mind over the age of 18 may make a will (NRS 133.020). The statute states only 'sound mind'; Nevada case law supplies the test — the testator must know the nature and extent of their property, know the natural objects of their bounty (their family), and be able to form a rational plan for distributing the estate |
An ordinary will must be in writing and signed by the testator, 'or by an attending person at the testator's express direction' if the testator cannot sign (NRS 133.040). There is no rule that the signature appear at the end of the document (that placement rule applies only to the holographic and electronic forms' own requirements) |
At least two competent witnesses who 'subscribe their names to the will in the presence of the testator' (NRS 133.040). The witnesses must sign in the testator's presence; the statute does not additionally require them to sign in each other's presence. Interested witness: a devise to a subscribing witness is VOID 'unless there are two other competent subscribing witnesses to the will' (NRS 133.060) — a purging rule that voids only the witness's gift, not the will |
Notarization is NOT required to sign an ordinary will — a notary is not a witness. A self-proving option is available: any attesting witness may sign a declaration under penalty of perjury or an affidavit before an officer authorized to administer oaths, written on the will or attached to it (NRS 133.050), and that signature counts as a signature on the will (NRS 133.055) |
Yes. 'A holographic will is a will in which the signature, date and material provisions are written by the hand of the testator, whether or not it is witnessed or notarized' (NRS 133.090). It needs no witnesses but — unlike some states — a DATE in the testator's hand is required, along with the signature and material provisions |
Yes. Nevada was the first state to authorize electronic wills. An electronic will is created and kept in an electronic record and must contain the testator's date and electronic signature plus at least one of: an authentication characteristic (such as a fingerprint or facial recognition), an electronic notary's signature and seal placed in the testator's presence, or the electronic signatures of two or more witnesses placed in the testator's presence (NRS 133.085) — remote electronic execution is possible under Nevada's electronic-notary framework (NRS 133.088) |
No. Nevada has no harmless-error or substantial-compliance statute for ordinary attested wills (it has not adopted UPC § 2-503). NRS 133.040 says no ordinary will 'is valid unless' it meets the writing-and-two-witness formalities, so a technical defect generally voids the will. The holographic and electronic forms are separate valid alternatives, not a cure for a defective attested will |
| New Hampshire verified 2026-07-11 | New Hampshire Revised Statutes Annotated Chapter 551 ('Wills'). The core execution statute is RSA 551:2; RSA 551:1 sets who may make a will, RSA 551:2-a the self-proving affidavit, RSA 551:3 the interested-witness rule, and RSA 551:5 recognizes out-of-state wills. New Hampshire is NOT a Uniform Probate Code state and does not recognize holographic wills; a 2020–2021 amendment (RSA 551:2, III) allows attorney-supervised REMOTE witnessing by audio-video while still barring electronic wills |
Every person 18 or older — and a married person under 18 — who is of 'sane mind' may make a will (RSA 551:1). There is a married-minor exception to the age-18 rule. 'Sane mind' is not further defined by statute; New Hampshire case law supplies the standard testamentary-capacity test — the testator must understand they are making a will, know the property they are disposing of, and know the natural objects of their bounty. Capacity is measured at the time of signing |
Must be in writing and 'signed by the testator, or by some person at his or her express direction in his or her presence' (RSA 551:2, I(c)). If you cannot sign yourself, another person may sign at your express direction and in your presence. No seal is required, and there is no signature-at-the-end rule |
At least two 'credible witnesses' who, 'at the request of the testator and in the testator's presence, attest to the testator's signature' (RSA 551:2, I(d)); the self-proving form confirms each witness signs in the presence of the testator and of the other witness. Interested witness: a gift to a subscribing witness (or that witness's spouse) is VOID unless there are two OTHER subscribing witnesses, though the witness stays competent, and a provision paying a debt is not void (RSA 551:3). A witness who belongs to a corporation named in the will is not disqualified (RSA 551:4) |
Notarization is NOT required to sign a will — a notary is not a witness. A self-proving affidavit is available under RSA 551:2-a: after the testator and witnesses sign, they add a sworn acknowledgment before a notary public, justice of the peace, or other officer authorized to administer oaths, letting the will be admitted without live witness testimony |
No. New Hampshire does not recognize holographic (unwitnessed handwritten) wills. RSA 551:2 requires every will to be signed by two credible witnesses, with no handwriting exception, so a handwritten will with no witnesses is not valid in New Hampshire — though the state will honor a holographic will that was valid where it was executed (RSA 551:5) |
Remote witnessing is allowed, but electronic wills are not. RSA 551:2, III lets the witnesses be 'in the presence' of the testator through an audio-video electronic device when a New Hampshire-licensed attorney (the drafter, a supervised attorney, or a supervised paralegal) and a notarial officer participate, and a witness need not be physically in New Hampshire — a COVID-era rule made permanent. But RSA 551:2, III(b) says '[n]othing in this paragraph shall be deemed to allow an electronic will,' so the will itself must still be a physically signed paper document |
No. New Hampshire is a strict-compliance state: 'To be valid, a will or codicil to a will shall' meet the RSA 551:2 formalities (RSA 551:2, I), and the state has adopted no harmless-error or substantial-compliance statute. A will that misses a formality — too few witnesses, or witnesses not in the testator's presence — generally fails, no matter how clear the intent, and there is no holographic-will fallback |
| New Jersey verified 2026-07-11 | New Jersey Statutes Title 3B, Chapter 3; execution is governed by N.J.S.A. 3B:3-1 through 3B:3-8. New Jersey follows the Uniform Probate Code model — a written will signed by two witnesses, with a handwritten alternative and a harmless-error safety valve. It is not a notarial-will state, and it has not adopted electronic wills |
'Any individual 18 or more years of age who is of sound mind may make a will' (§ 3B:3-1). The statute does not define 'sound mind'; New Jersey courts apply the usual low testamentary-capacity threshold — the testator must understand that they are making a will, know in a general way the nature and extent of their property, and know the natural objects of their bounty — measured at the time of signing |
Must be in writing and signed by the testator, or signed 'in the testator's name by some other individual in the testator's conscious presence and at the testator's direction' (§ 3B:3-2a). 'Conscious presence' means within the range of the testator's senses. New Jersey has no rule that the signature appear at the end of the document |
At least two individuals, 'each of whom signed within a reasonable time after each witnessed either the signing of the will ... or the testator's acknowledgment of that signature or acknowledgment of the will' (§ 3B:3-2a(3)). The witnesses need not be present at the same time, and may sign later within a reasonable time. Any generally competent person may witness (§ 3B:3-7), and 'a will or any provision thereof is not invalid because the will is signed by an interested witness' (§ 3B:3-8) — no purging rule |
Notarization is NOT required to make a will valid — a notary is not a witness. A self-proving affidavit is available: at execution the testator and witnesses may acknowledge and swear before an authorized officer, in the statutory form, so the will can be probated without live witness testimony (§ 3B:3-4). New Jersey also allows a will to be made self-proved after execution |
Yes. A will that does not meet the witnessed-will rules 'is valid as a writing intended as a will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting' (§ 3B:3-2b). Unlike some states, New Jersey does NOT require a date, and intent may be shown by extrinsic evidence, including parts of the document not in the testator's handwriting (§ 3B:3-2c) |
Not permitted. Section 3B:3-2 requires a physical signed writing witnessed in the testator's conscious presence; New Jersey has not enacted the Uniform Electronic Wills Act, and its Uniform Electronic Transactions Act excludes wills. A 2020 COVID-era remote-witnessing/notarization measure was tied to the public-health emergency and has lapsed. Bipartisan bills (S 1336 / A 3229) to authorize electronic wills are pending — see below |
Yes. Under New Jersey's 'writings intended as wills' rule, a document not executed in compliance with § 3B:3-2 is treated as if it were, if the proponent 'establishes by clear and convincing evidence that the decedent intended' it to be their will (or a revocation, alteration, or revival) (§ 3B:3-3). This is a broad harmless-error doctrine reaching execution defects generally |
| New Mexico verified 2026-07-11 | New Mexico Uniform Probate Code, Chapter 45, Article 2, Part 5 (Wills). The core execution statute is § 45-2-502; § 45-2-501 sets who may make a will, § 45-2-504 the self-proving affidavit, § 45-2-505 the (no-effect) interested-witness rule, and § 45-2-506 recognizes out-of-state wills. New Mexico adopted the UPC but did not adopt the holographic-will provision and left § 45-2-503 (the UPC's harmless-error section) 'Reserved,' so it has neither; it is not a notarial-will or electronic-wills state |
An individual 18 or older who is of sound mind — or an emancipated minor of sound mind — may make a will (§ 45-2-501). 'Sound mind' is not defined in the statute; New Mexico case law supplies the test — the testator must know the meaning of making a will, know the character and extent of their estate, and know the natural objects of their bounty (their heirs). Capacity is measured at the time of signing |
Must be in writing and 'signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction' (§ 45-2-502(B)). 'Conscious presence' allows a proxy to sign for a testator who cannot, as long as the testator is aware of the signing. New Mexico has no signature-at-the-end rule |
At least two witnesses, under a strict all-present rule. Each must sign 'in the presence of the testator and of each other after each witnessed the signing of the will' (§ 45-2-502(C)) — both witnesses must actually watch the testator (or the proxy) sign, then sign themselves while the testator and the other witness are present. Unlike many UPC states, New Mexico offers no 'acknowledgment' alternative and no 'reasonable time' to sign later. Interested witness: 'the signing of a will by an interested witness does not invalidate the will or any provision of it' (§ 45-2-505) — no purging, no presumption |
Notarization is NOT required to sign a will — a notary is not a witness. A self-proving affidavit is available under § 45-2-504: the will may be made self-proved at signing or later by the testator's acknowledgment and the witnesses' sworn affidavits (or affirmations under penalty of perjury) before an officer authorized to administer oaths, in the statutory form. A signature on the self-proving affidavit counts as a signature on the will if needed to prove due execution (§ 45-2-504(C)) |
No. New Mexico does not recognize holographic (handwritten, unwitnessed) wills — § 45-2-502 requires two witnesses and contains no holographic provision. A will written and signed entirely by hand but not witnessed is not valid if made in New Mexico. The state will, however, honor a written will valid where it was executed, or under the law of the place where the testator is domiciled or a national (§ 45-2-506), so a handwritten will valid elsewhere may still be given effect after a move |
Not permitted. New Mexico has not enacted the Uniform Electronic Wills Act or any electronic-wills statute; § 45-2-502 requires a physically signed writing with two witnesses signing in the testator's and each other's presence. A will signed or witnessed only electronically is not a valid New Mexico will |
No. New Mexico did not adopt the Uniform Probate Code's harmless-error rule — its § 45-2-503, the UPC's harmless-error section, is left 'Reserved.' Section 45-2-502 states the requirements in mandatory terms ('a will must be'), so a technical execution defect generally voids the will and cannot be excused by proof of intent. New Mexico is a strict-compliance state |
| New York verified 2026-07-11 | New York Estates, Powers and Trusts Law (EPTL) § 3-2.1 is the core execution statute; § 3-1.1 sets who may make a will and § 3-2.2 limits handwritten and oral wills. New York follows the common-law attested-will model and is NOT a notarial-will state. An Electronic Wills Act (EPTL Part 6, §§ 3-6.1–3-6.9) is enacted but does not take effect until Dec. 12, 2027 |
18 or older and 'of sound mind and memory' (§ 3-1.1). In practice the Surrogate's Courts test capacity by whether the testator understood that they were making a will, knew the nature and extent of their property, and knew the natural objects of their bounty (family who would ordinarily inherit) |
Must be in writing and 'signed at the end thereof' by the testator, or in the testator's name by another person 'in his presence and by his direction' (§ 3-2.1(a)(1)). Anything placed after the signature is generally disregarded. A person who signs for the testator must add their own name and address and is not counted as a witness |
At least two attesting witnesses (§ 3-2.1(a)(4)). The testator signs in the presence of each witness OR acknowledges the signature to each — this may be done with the witnesses separately, so they need not be present at the same time. The testator must also declare to each witness that the document is their will (§ 3-2.1(a)(3)), and both witnesses must sign within one 30-day period. A gift to a witness is void unless two other disinterested witnesses also signed (§ 3-3.2) |
Notarization is NOT required to sign a will — a notary is not a witness. A will can be made self-proving by an attesting-witness affidavit sworn before a notary under Surrogate's Court Procedure Act § 1406, which lets the will be admitted without the witnesses testifying in person |
No, except in a narrow case. An ordinary handwritten, unwitnessed will is invalid in New York. A holographic will (entirely in the testator's handwriting) or a nuncupative (oral) will is valid ONLY if made by a member of the armed forces in wartime service or a mariner at sea, and it expires by law after discharge or a set period (§ 3-2.2) |
Not permitted yet. Section 3-2.1 currently requires a physical signed writing witnessed in person. New York enacted an Electronic Wills Act (EPTL Part 6) signed Dec. 12, 2025, but it does not take effect until Dec. 12, 2027; until then an electronically signed or remotely witnessed will is not valid |
No. New York has no harmless-error or substantial-compliance statute — § 3-2.1 contains no curative provision, and its formalities must be met strictly. A will that misses a required formality cannot be saved by showing the testator intended it as their will |
| North Carolina verified 2026-07-11 | North Carolina General Statutes Chapter 31 (Wills), Article 1 (Execution). Strict compliance is codified: 'No will is valid unless it complies with the requirements of this Chapter' (§ 31-3.1). North Carolina recognizes three will forms (§ 31-3.2): an attested written will (§ 31-3.3), a handwritten holographic will (§ 31-3.4), and — for personal property only — a limited oral (nuncupative) will (§ 31-3.5). It is not a Uniform Probate Code, notarial-will, or electronic-execution state |
'Any person of sound mind, and 18 years of age or over, may make a will' (§ 31-1). The statute does not define 'sound mind'; North Carolina courts apply the usual testamentary-capacity test — understanding that you are making a will, the nature and extent of your property, and the natural objects of your bounty (your close family) — measured at the time of signing |
An attested written will must be in writing and signed by the testator, or signed by another person 'in the testator's presence and at the testator's direction' (§ 31-3.3(a)–(b)). The testator must either sign in front of the witnesses or acknowledge a previously affixed signature to them, and this may be done for each witness separately (§ 31-3.3(c)). There is no rule that the signature appear at the end. A holographic will must instead be written entirely in the testator's own handwriting and subscribed by the testator (§ 31-3.4) |
At least two competent witnesses for an attested written will (§ 31-3.3(a)). They need not be present at the same time as each other, and each must sign in the testator's presence 'but need not sign in the presence of each other' (§ 31-3.3(c)–(d)). A holographic will needs NO witnesses (§ 31-3.4(b)); an oral (nuncupative) will needs two witnesses simultaneously present and specially asked to witness (§ 31-3.5). Chapter 31 sets no interested-witness purging rule — a beneficiary may serve as a witness without voiding the will or forfeiting the gift |
Notarization is NOT required to make a will valid — a notary is not a witness. A self-proving affidavit is available and may be executed together with the will or at any later date, in the statutory form; it lets the will be admitted to probate without the witnesses' live testimony (§ 31-11.6) |
Yes. North Carolina recognizes a holographic will — valid with no witnesses — if it is 'written entirely in the handwriting of the testator' and subscribed by (or bears the name of) the testator in the testator's own hand (§ 31-3.4). A 2021 amendment (S.L. 2021-85) removed the old requirement that the will be found among the testator's valuable papers after death, for decedents dying on or after July 8, 2021 |
No electronic or remote EXECUTION. A valid will must be signed on paper and witnessed in person, or handwritten (§§ 31-3.3, 31-3.4); North Carolina has not adopted electronic signing or remote witnessing of wills. Separately, effective January 1, 2026, a North Carolina attorney may store an already-executed attested paper will as an electronic record (§ 31-72) and later probate a certified paper copy of it (§ 31-73) — this is electronic storage of a validly signed will, not an electronic will, and it does not apply to holographic wills |
No — North Carolina is a strict-compliance state. Section 31-3.1 provides that 'No will is valid unless it complies with the requirements of this Chapter,' and there is no harmless-error or substantial-compliance statute to excuse a missing formality. A will that fails the execution requirements is invalid regardless of how clear the testator's intent was |
| North Dakota verified 2026-07-11 | North Dakota Uniform Probate Code, N.D.C.C. Title 30.1, Chapter 30.1-08 (Wills), plus the Uniform Electronic Wills Act at Chapter 30.1-37. The core execution statute is § 30.1-08-02; § 30.1-08-01 sets who may make a will, § 30.1-08-04 the self-proving affidavit, § 30.1-08-05 who may witness, and § 30.1-08-06 the choice-of-law rule. North Dakota adopted the modern UPC and is unusually forward on execution METHODS — it allows a witnessed will, a NOTARIZED will (notary in place of witnesses), a holographic will, and a fully ELECTRONIC will — but it did NOT adopt the UPC harmless-error provision (its § 30.1-08-03 slot is a repealed holographic section) |
'Any adult who is of sound mind may make a will' (§ 30.1-08-01). An adult in North Dakota is 18 or older, and the self-proving affidavit form confirms the '18 years of age or older' baseline; there is no lower-age exception. 'Sound mind' is not defined by statute; North Dakota case law supplies the test — the testator must understand they are making a will, know the natural objects of their bounty, and know the nature and extent of their property. Capacity is measured at the time of signing |
Must be in writing (or, for an electronic will, a text record) and 'signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction' (§ 30.1-08-02(1)(b)). A proxy may sign only in your conscious presence and at your direction. There is no signature-at-the-end rule |
Two witnesses OR a notary — North Dakota gives a choice (§ 30.1-08-02(1)(c)). A will may be signed either (1) by at least two individuals, each of whom signed 'within a reasonable time after' witnessing the signing or the testator's acknowledgment (the UPC 'reasonable time' rule — no 'same time' requirement), or (2) acknowledged by the testator before a notary public or other officer authorized to take acknowledgments. A witness need only be 'generally competent' (§ 30.1-08-05(1)). Interested witness: a will 'is not invalid because the will is signed by an interested witness' — the modern no-effect rule (§ 30.1-08-05(2)) |
Notarization plays two distinct roles in North Dakota. First, a notary is an ALTERNATIVE to witnesses: a will acknowledged by the testator before a notary is validly executed even with no attesting witnesses (§ 30.1-08-02(1)(c)(2)). Second, a self-proving affidavit is available under § 30.1-08-04 for a witnessed will, letting it be admitted without live witness testimony; a signature on the affidavit 'is considered a signature affixed to the will, if necessary to prove the will's due execution.' Notarization is optional but powerful here |
Yes. A will is valid as a holographic will, whether or not witnessed, 'if the signature and material portions of the document are in the testator's handwriting' (§ 30.1-08-02(2)). Only the signature and the material provisions must be handwritten; § 30.1-08-02(3) allows extrinsic evidence, including non-handwritten portions, to show intent. There is no date requirement. North Dakota courts apply the 'material portions' test strictly — a key clause typed or in another hand can defeat a holographic will |
Permitted. North Dakota enacted the Uniform Electronic Wills Act (N.D.C.C. ch. 30.1-37); an electronic will 'is a will for all purposes of the law of this state' (§ 30.1-37-02). An electronic will must be a record readable as text, signed by the testator (or a proxy in the testator's conscious presence and by direction), and either signed by two witnesses within a reasonable time after witnessing or acknowledged before a notary (§ 30.1-37-04) — the same witnesses-or-notary choice as a paper will. It can be made self-proving (§ 30.1-37-06) and reduced to a certified paper copy (§ 30.1-37-07) |
No. North Dakota did not adopt the Uniform Probate Code's harmless-error provision (UPC § 2-503). Chapter 30.1-08 has no 'writings intended as wills' section — the § 30.1-08-03 slot, where that provision sits in the UPC, is a repealed holographic-will section. North Dakota is a strict-compliance state: a will that misses a required formality generally cannot be saved by proof that the testator intended the document as their will. (Some secondary summaries wrongly label § 30.1-08-03 a harmless-error rule; it is repealed.) The state's flexibility lies in its four execution paths — witnesses, notary, handwriting, or electronic — not in a curative doctrine |
| Ohio verified 2026-07-11 | Ohio Revised Code § 2107.03 is the core execution statute; § 2107.02 sets who may make a will, § 2107.15 handles a witness who is also a beneficiary, and § 2107.24 is Ohio's harmless-error rule. Ohio follows the common-law attested-will model with a 'conscious presence' standard and is NOT a notarial-will or electronic-wills state |
18 or older, 'of sound mind and memory, and not under restraint' (§ 2107.02). Ohio has no exception lowering the age for emancipated or married minors. Capacity is measured at the time of signing |
Must be in writing — handwritten or typewritten — and 'signed at the end by the testator or by some other person in the testator's conscious presence and at the testator's express direction' (§ 2107.03). The signature must be at the end of the will |
Two or more competent witnesses who attest and subscribe in the conscious presence of the testator, and who 'saw the testator subscribe, or heard the testator acknowledge' the signature (§ 2107.03). Witnesses must be at least 18 (§ 2107.06) and need not sign in each other's presence. If a gift is made to a person who is one of only two witnesses, that gift is void, though the witness still takes up to their intestate share (§ 2107.15) |
Notarization is NOT required to sign a will — a notary is not a witness. Ohio is unusual in NOT providing the notarized self-proving affidavit most states offer; a will's execution is instead proved at probate, where the court may admit it on the face of the instrument or take the witnesses' testimony |
No true (unwitnessed) holographic will. A will 'may be handwritten' under § 2107.03, but it still needs two competent witnesses — an unwitnessed handwritten will is not valid, although the harmless-error statute (§ 2107.24) may rescue one the testator signed before two witnesses |
Not permitted. Section 2107.03 requires witnessing in the testator's 'conscious presence,' which the statute expressly defines to EXCLUDE sight or sound 'sensed by telephonic, electronic, or other distant communication.' Ohio has not enacted an electronic-wills law; repeated bills to allow one have not passed |
Yes. Under § 2107.24 a probate court may treat a noncompliant document as a valid will if clear and convincing evidence shows the decedent prepared it, signed it intending it as their will, and signed it in the conscious presence of two or more witnesses. It cures defects like witnesses who did not subscribe, but still requires the testator to have signed before two witnesses |
| Oklahoma verified 2026-07-11 | Title 84 of the Oklahoma Statutes (Wills and Succession). § 41 sets who may make a will; § 55 is the attested-will execution statute (and its self-proving affidavit); § 54 recognizes holographic wills; § 143 voids a gift to a witness in some cases. Oklahoma follows the common-law attested-will model with a strict signature-at-the-end and publication requirement. The Oklahoma Uniform Electronic Estate Planning Documents Act (§§ 901 et seq., added by Laws 2024, c. 344, eff. Nov. 1, 2024) now also allows electronic wills |
'Every person over the age of eighteen (18) years of sound mind' may make a will (§ 41(A)) — applied as 18 or older (the self-proving form in § 55 references 'eighteen (18) years of age or over'). 'Sound mind' is the common-law testamentary-capacity standard supplied by Oklahoma case law. A person under a guardianship or conservatorship may still make a will, but must subscribe and acknowledge it before a district judge (§ 41(B)) |
An attested will 'must be in writing' and 'must be subscribed at the end thereof by the testator himself, or some person, in his presence and by his direction' (§ 55(1)) — Oklahoma enforces a signature-AT-THE-END rule. The testator must also 'declare to the attesting witnesses that the instrument is his will' (publication, § 55(3)). An electronic will must be a record readable as text, signed by the testator (or another in the testator's name, in the testator's physical presence and by direction) (§ 905) |
Two attesting witnesses. Each 'must sign his name as a witness at the end of the will at the testator's request and in his presence' (§ 55(4)); the testator must sign or acknowledge the signature in the witnesses' presence (§ 55(2)). Interested-witness PURGE: a beneficial devise or gift to a subscribing witness is 'void unless there are two other competent subscribing witnesses to the same' (§ 143). For an electronic will, two witnesses sign in the testator's physical OR electronic presence, within a reasonable time after witnessing (§ 905(A)(3)) |
Notarization is NOT required to make a will valid — a notary is not a witness. A will may be made self-proving under § 55(5), either by a notarized acknowledgment and witness affidavits, or by a written declaration signed by the testator and witnesses under penalty of perjury (no notary needed for that second form). An electronic will can likewise be made self-proving, including through remote online notarization (§ 907) |
Yes. 'A holographic will is one that is entirely written, dated and signed by the hand of the testator himself. It is subject to no other form ... and need not be witnessed' (§ 54). Every word must be in the testator's own handwriting — a single typed or printed word defeats it — and it must be dated and signed. No witnesses or notary are required |
Yes, since November 1, 2024. Oklahoma's Uniform Electronic Estate Planning Documents Act (Laws 2024, c. 344) authorizes an electronic will: a text-readable record signed by the testator, and signed 'in the physical or electronic presence of the testator by at least two individuals,' each a resident of and physically located in a state, within a reasonable time after witnessing the signing or acknowledgment (§ 905). Remote audio-video witnessing is therefore allowed, and the will can be self-proved with a remote online notary (§ 907) |
No general harmless-error doctrine. An ordinary attested will must strictly comply with § 55's formalities, and Oklahoma has no statute letting a court excuse a missing formality on proof of intent — the recognized relaxations are the separate holographic (§ 54) and narrow nuncupative-will forms, not a curative rule. (For electronic wills, § 905(B) lets a testator's intent that a record be their electronic will be shown by extrinsic evidence, but that identifies the document; it does not excuse a missing witness) |
| Oregon verified 2026-07-11 | Oregon Revised Statutes Chapter 112 (Probate Law). § 112.225 sets who may make a will; § 112.235 is the execution statute (writing, signature, two witnesses); § 112.238 is a harmless-error exception; § 112.245 covers a witness who is also a beneficiary. Oregon follows the common-law attested-will model and does NOT recognize holographic or electronic wills. 2025 Or. Laws ch. 34 amended §§ 112.235 and 112.238, effective Jan. 1, 2026 |
18 or older — OR anyone who 'has been lawfully married' or has been emancipated under ORS 419B.550 to 419B.558 — and 'of sound mind' (§ 112.225). The statute does not define sound mind; Oregon courts apply the usual testamentary-capacity test (understanding the act of making a will, the nature and extent of one's property, and the natural objects of one's bounty), measured at the time of signing |
The will must be in writing (§ 112.235(1)), and 'writing' expressly 'does not include an electronic record, document or image' (§ 112.235(4)). In the presence of each witness the testator must sign the will, direct a witness or other person to sign the testator's name (that person also signs their own name), or acknowledge a signature already made (§ 112.235(1)(a)). No signature-at-the-end rule |
At least TWO witnesses. Each must see the testator sign, hear the testator acknowledge the signature, or hear or observe the testator direct another to sign — and each must 'attest the will by signing the witness' name to the will within a reasonable time before the testator's death' (§ 112.235(1)(b)). Witnesses need not sign in each other's presence, but must sign before the testator dies. Interested witnesses: a gift to a witness is NOT void — 'A will attested by an interested witness is not thereby invalidated' (§ 112.245); Oregon has no purging statute |
Notarization is NOT required to make an Oregon will valid — a notary is not a witness. Oregon has no separate self-proving affidavit signed at execution that dispenses with proof; instead a witness's signature on an affidavit executed at the same time as the will counts as signing the will (§ 112.235(2)), and at probate an attesting witness's testimony may be given by affidavit (ORS 113.055). A properly witnessed will needs no notary |
No. Oregon does not recognize holographic (unwitnessed handwritten) wills, or oral (nuncupative) wills. Every will — handwritten or typed — must meet the two-witness formalities of § 112.235; there is no handwriting exception. A will Oregon would reject may still be honored here if it was validly made under the law of the state where it was executed |
Not permitted, and now expressly excluded. Oregon has not adopted the Uniform Electronic Wills Act, and 2025 Or. Laws ch. 34 (eff. Jan. 1, 2026) amended § 112.235 to state that a 'writing' 'does not include an electronic record, document or image' (§ 112.235(4)). The witnesses must actually perceive the signing or acknowledgment; there is no standing remote audio-video witnessing authority. A will signed only electronically is not valid in Oregon |
Yes — § 112.238. A writing not executed in compliance with § 112.235 may still be treated as a will if it was executed before death, the decedent (or another at the decedent's direction) signed it, and the proponent 'establishes by clear and convincing evidence that the decedent intended the writing to constitute' the will (or a revocation or alteration of it). Important limit: because § 112.235(4)'s definition of 'writing' (no electronic record) also governs § 112.238, this cure cannot rescue an electronic document — only a physical writing |
| Pennsylvania verified 2026-07-11 | 20 Pa.C.S. § 2502 is the core execution statute; § 2501 sets who may make a will and § 2504.1 the validity-of-execution rule. Pennsylvania follows the common-law model but is a structural outlier — it requires NO attesting witnesses to execute an ordinary will. Witnesses instead prove the will at probate under § 3132; § 3132.1 governs the optional self-proving affidavit |
'Any person 18 or more years of age who is of sound mind may make a will' (§ 2501). The statute states the age and 'sound mind'; Pennsylvania courts apply the usual capacity test — the testator must understand they are making a will, know the general nature and extent of their property, and know the persons who would naturally inherit |
Must be in writing and 'signed by the testator at the end thereof' (§ 2502). The signature-at-the-end rule is strict, but writing that appears after the signature does not invalidate what comes before it. If the testator signs by mark, or another person signs for the testator by the testator's direction, TWO witnesses are then required (§ 2502(2)–(3)) |
None required to execute an ordinary will the testator personally signs — Pennsylvania's defining feature. Two witnesses are needed only for a signature by mark or by another person (§ 2502(2)–(3)). Instead, the will is proved at probate 'by the oaths or affirmations of two competent witnesses' (§ 3132); for a will the testator signed, they can prove the testator's own signature and need not have watched the signing |
Notarization is NOT required to sign a will. A will can be made self-proving under § 3132.1 by the testator's acknowledgment and the witnesses' affidavits before a notary — but § 3132.1 applies only to an 'attested will,' so making a will self-proving requires adding witnesses the execution rules do not otherwise demand |
Yes, in effect. Because Pennsylvania requires no witnesses, a will written entirely in the testator's hand (or typed) and signed at the end is simply a valid will under § 2502 — there is no separate 'holographic will' statute and no 'material provisions in the testator's handwriting' test. Oral (nuncupative) wills are not recognized (former § 2503 repealed) |
Not permitted. Section 2502 requires a signed writing; Pennsylvania has not enacted an electronic-wills law. A 2025–2026 bill (SB 1138) would authorize electronic wills, but it remains in committee and is not law |
No. Pennsylvania has no harmless-error or substantial-compliance statute — § 2502's requirements, including the signature at the end, are applied strictly, and a will that fails a formality cannot be saved by proof that the testator intended it as their will |
| Rhode Island verified 2026-07-11 | Rhode Island General Laws Title 33, Chapter 5 ('Execution and Revocation of Wills'). The core execution statute is § 33-5-5; § 33-5-2 sets testamentary capacity, § 33-5-6 the narrow military/sailor exception, § 33-6-1 the interested-witness rule (in ch. 33-6), and § 33-7-26 the affidavit proof / self-proving mechanism (in ch. 33-7). Rhode Island did NOT adopt the Uniform Probate Code; it keeps the traditional strict-attestation regime — two witnesses present at the same time, no general holographic wills, no harmless-error doctrine, and no electronic wills |
Every person of sane mind who is 18 or older may make a will (§ 33-5-2). You must be at least 18 and of 'sane mind.' The statute does not further define capacity; Rhode Island courts apply the familiar test — the testator must understand they are making a will, know the natural objects of their bounty (the people who would ordinarily inherit), and know the nature and extent of their property. Capacity is measured at the time of signing |
Must be in writing and signed by the testator 'or by some other person for him or her in his or her presence and by his or her express direction' (§ 33-5-5). If you cannot sign, another person may sign for you, but only in your presence and at your express direction. There is no statutory signature-at-the-end rule, but the signature must be made or acknowledged in front of the witnesses |
Two or more witnesses, present at the same time — the strict traditional rule. The testator must make or acknowledge the signature 'in the presence of two (2) or more witnesses present at the same time,' and the witnesses 'shall attest and shall subscribe the will in the presence of the testator' (§ 33-5-5). No particular form of attestation clause is required. Interested witness: a gift to an attesting witness is 'utterly null and void' as to that witness, though the witness may still testify to prove the will (§ 33-6-1) — a purging rule, with no intestate-share carve-out |
Notarization is NOT required to sign a will — a notary is not a witness. Rhode Island's self-proving mechanism is § 33-7-26: absent objection, the probate court may admit a will on the affidavit of one or more subscribing witnesses, sworn before an officer authorized to administer oaths, stating the facts they would testify to in court; the statute supplies a form. The affidavit may be made at any time after the will, before or after the testator's death |
No — with one narrow exception. Rhode Island does not recognize a general holographic (unwitnessed handwritten) will; § 33-5-5 requires two witnesses whether the will is handwritten or typed. The only exception is § 33-5-6: a soldier or airman in actual military service, or a mariner or sailor at sea, may dispose of personal estate by will 'as he or she might heretofore have done' (the traditional soldier's-and-sailor's informal will). A handwritten will valid where it was made may still be honored in Rhode Island under § 33-5-7 |
Not permitted. Rhode Island has not enacted the Uniform Electronic Wills Act or any electronic-wills statute; § 33-5-5 requires a physical signed writing witnessed by two people present at the same time and in the testator's presence. A will signed or witnessed only electronically or over video is not a valid Rhode Island will |
No. Rhode Island has no harmless-error or substantial-compliance statute; § 33-5-5 opens 'No will shall be valid ... unless' the formalities are met. It is a strict-compliance state — a will that misses a required formality (for example, witnesses who were not present at the same time, or only one witness) cannot be rescued by proof that the testator intended the document as their will. The only relief valves are the military/sailor exception (§ 33-5-6) and recognition of a will valid under another state's law (§ 33-5-7) |
| South Carolina verified 2026-07-11 | S.C. Code Ann. Title 62 (South Carolina Probate Code), art. 2, pt. 5: § 62-2-501 (who may make a will), § 62-2-502 (execution), § 62-2-503 (attestation and self-proving), § 62-2-504 (interested witnesses), § 62-2-505 (choice of law). South Carolina is a common-law attested-will state on the pre-1990 Uniform Probate Code model: two witnesses are required (no notary alternative), it recognizes no holographic will, has not enacted an electronic-wills law, and has no harmless-error doctrine (strict compliance) |
'An individual who is of sound mind and who is not a minor as defined in Section 62-1-201(27) may make a will' (§ 62-2-501). A 'minor' is a person under 18 'excluding a person under the age of eighteen who is married or emancipated as decreed by the family court' (§ 62-1-201(27)) — so the floor is 18, or a married/emancipated minor. 'Sound mind' is the case-law testamentary-capacity standard: understanding the nature and extent of one's property, the objects of one's bounty, and how the will disposes of the estate |
A will must be 'in writing' and 'signed by the testator or signed in the testator's name by some other individual in the testator's presence and by the testator's direction' (§ 62-2-502(1)-(2)). No signature-at-the-end rule. South Carolina uses 'presence' (not the looser 'conscious presence' of some states) and has no electronic-signature provision — the signature is a physical one on a paper document |
Two witnesses. The will must be 'signed by at least two individuals each of whom witnessed either the signing or the testator's acknowledgment of the signature or of the will' (§ 62-2-502(3)). The witnesses need not sign in each other's presence, and there is no notary substitute for the two witnesses. Interested-witness rule (a purging statute): a beneficiary is competent to witness, but if there are NOT 'two disinterested witnesses ... in addition to the interested witness,' the gift to the interested witness (or the witness's spouse or issue) is 'null and void to the extent of the value of the excess' over what that person would take in intestacy, and the voided portion passes by intestacy (§ 62-2-504(a)) |
Notarization is NOT required to make a will valid and is not an alternative to witnesses — a South Carolina will is executed with two witnesses. A will may be made self-proved, which distinctively requires only the testator's acknowledgment and 'the affidavit of at least one witness' before an officer authorized to administer oaths, under official seal — either at execution or later (§ 62-2-503(a)-(b)). A witness who is also a notary may notarize the other witness's signature (§ 62-2-503(c)) |
No. South Carolina does not recognize holographic (handwritten, unwitnessed) wills — § 62-2-502 requires every will to be signed by at least two witnesses, with no handwriting exception. A handwritten will is valid in South Carolina only if it is witnessed like any other will. A will validly executed elsewhere, including a holographic one, may still be honored under the choice-of-law rule (§ 62-2-505) |
Not permitted. South Carolina has not enacted the Uniform Electronic Wills Act or any electronic-will statute; § 62-2-502 requires a physical signed writing witnessed in person by two individuals. (South Carolina's 2021 remote/mobile notary law, §§ 26-2-10 et seq., authorizes remote online notarization for notarial acts generally, but does not authorize an electronic or remotely-witnessed will.) A will valid where executed under another state's law may still be honored under § 62-2-505 |
No. South Carolina is a strict-compliance state. There is no harmless-error or substantial-compliance statute, so a will that misses a § 62-2-502 formality — for example, only one witness — is invalid, no matter how clearly it reflects the testator's wishes. The only relief is the choice-of-law rule (§ 62-2-505), which honors a will valid where and when it was executed |
| South Dakota verified 2026-07-11 | South Dakota Uniform Probate Code, SDCL Title 29A, Chapter 2, Part 5. The core execution statute is § 29A-2-502; § 29A-2-501 sets who may make a will, § 29A-2-503 ('writings intended as wills') is the harmless-error provision, § 29A-2-504 the self-proving affidavit, and § 29A-2-505 who may witness. South Dakota adopted the modern Uniform Probate Code (SL 1995, ch. 167), so it recognizes holographic wills, uses the 'conscious presence' witnessing rule, applies the no-effect interested-witness rule, and has a harmless-error escape hatch. It has NOT adopted electronic wills |
An individual 18 or more years of age who is of sound mind may make a will (§ 29A-2-501). You must be at least 18 — there is no emancipated-minor exception — and of sound mind. The statute does not define 'sound mind'; South Dakota case law supplies the test — the testator must understand they are making a will, know the natural objects of their bounty (the people who would ordinarily inherit), and know the nature and extent of their property. Capacity is measured at the time of signing |
Must be in writing and 'signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction' (§ 29A-2-502(b)). If you cannot sign, another person may sign for you, but only in your conscious presence (you must be aware it is happening) and at your direction. There is no signature-at-the-end rule |
At least two witnesses. Each must sign 'in the conscious presence of the testator' and must have witnessed, in the testator's conscious presence, either the signing of the will or the testator's acknowledgment of the signature (§ 29A-2-502(b)(3)). South Dakota uses the 'conscious presence' rule rather than a strict 'present at the same time' rule. A witness need only be 'generally competent' (§ 29A-2-505(a)). Interested witness: signing by an interested witness 'does not invalidate the will or any provision of it' — the modern no-effect rule (§ 29A-2-505(b)) |
Notarization is NOT required to sign a will — a notary is not a witness, and South Dakota does not offer a notarized will as a substitute for the two witnesses. A self-proving affidavit is available under § 29A-2-504, executed with the will or later before an officer authorized to administer oaths, letting the will be admitted to probate without live witness testimony. A signature on the self-proving affidavit 'is considered a signature affixed to the will, if necessary to prove the will's due execution' (§ 29A-2-504(c)) |
Yes. A will is valid as a holographic will, with or without witnesses, 'if the signature and material portions of the document are in the testator's handwriting' (§ 29A-2-502(a)). Only the signature and the material (dispositive) provisions must be handwritten; § 29A-2-502(c) allows extrinsic evidence, including the non-handwritten portions, to show you intended the document as your will. There is no date requirement |
Not permitted. South Dakota has not enacted the Uniform Electronic Wills Act or any electronic-wills statute; § 29A-2-502 requires a physically signed writing witnessed by two people in the testator's conscious presence. A will signed or witnessed only electronically or over video is not a valid South Dakota will — though a fully handwritten one may qualify as a holographic will |
Yes. Under § 29A-2-503 ('writings intended as wills'), a document not executed in compliance with § 29A-2-502 is still treated as validly executed if the proponent proves 'by clear and convincing evidence' that the decedent intended it as their will (or as a revocation, alteration, or revival of a will). It is a genuine escape hatch, but the clear-and-convincing standard is demanding, and there must still be a document or writing |
| Tennessee verified 2026-07-11 | Tenn. Code Ann. Title 32, ch. 1: § 32-1-102 (capacity), § 32-1-103 (witnesses / interested witness), § 32-1-104 (execution of an attested will), § 32-1-105 (holographic), § 32-1-106 (nuncupative), § 32-1-107 (out-of-state wills); self-proving affidavit at § 32-2-110. Tennessee follows the common-law attested-will model; it is not a notarial-will or electronic-wills state and has no harmless-error statute. § 32-1-104 was last amended in 2016 (ch. 843) |
'Any person of sound mind eighteen (18) years of age or older may make a will' (§ 32-1-102). A flat age of 18 — Tennessee has no marriage or military exception for minors. 'Sound mind' is the ordinary testamentary-capacity standard (understanding the act, one's property, and the natural objects of one's bounty) |
Must be a signed writing. The testator either signs, acknowledges a signature already made, or 'at the testator's direction and in the testator's presence' has someone else sign the testator's name (§ 32-1-104(a)(1)). No statutory rule that the signature appear at the end |
Two witnesses (§ 32-1-104(a)). The testator must signify to the witnesses that the document is the testator's will and sign/acknowledge/direct in the presence of both; the witnesses must then sign 'in the presence of the testator; and in the presence of each other' (§ 32-1-104(a)(2)) — a stricter mutual-presence rule than the relaxed 'reasonable time' UPC states. Any competent person may witness (§ 32-1-103(a)). An interested witness does NOT void the will, but forfeits the part of any gift exceeding what they would have taken in intestacy, unless two disinterested witnesses also signed (§ 32-1-103(b)) |
Notarization is NOT required to make a will valid — a notary is not a witness. Tennessee offers an optional self-proving affidavit: the attesting witnesses may swear before 'any officer authorized to administer oaths' to the facts they would testify to, written on or attached to the will, and it is accepted by the probate court 'when the will is not contested' (§ 32-2-110). There is no 'notarized will' alternative to witnesses |
Yes. 'No witness to a holographic will is necessary, but the signature and all its material provisions must be in the handwriting of the testator and the testator's handwriting must be proved by two (2) witnesses' (§ 32-1-105). Material-provisions test (not 'wholly handwritten'); the statute states no date requirement |
Not permitted. Tennessee has not adopted the Uniform Electronic Wills Act or any electronic/remote-witnessing statute, and § 32-1-104 requires the witnesses to sign in the physical presence of the testator and of each other. A will signed only electronically, or witnessed only by live video, is not a valid Tennessee will |
No. Tennessee is a strict-compliance state with no general harmless-error or substantial-compliance statute; a will that misses § 32-1-104's formalities is invalid. One narrow, closed saver: § 32-1-104(b) lets witness signatures on an affidavit count as signatures to the will, but ONLY for wills executed before July 1, 2016, and it still requires the testator to have signed. A will valid where it was executed, or under the testator's domicile law, is honored (§ 32-1-107) |
| Texas verified 2026-07-11 | Texas Estates Code ch. 251 (execution) plus § 254.002 (gifts to witnesses). Texas follows the common-law attested-will model; it is not a notarial-will or electronic-wills state and has no harmless-error statute. The old Probate Code was recodified into the Estates Code effective 2014; §§ 251.001 and 251.051 were last amended in 2017 (H.B. 2271) |
Must be 'of sound mind' and, when the will is made, either 18 or older, OR married or previously married, OR a member of the U.S. armed forces, an armed-forces auxiliary, or the U.S. Maritime Service (§ 251.001) |
Must be in writing and signed by the testator in person, OR by another person on the testator's behalf 'in the testator's presence and under the testator's direction' (§ 251.051(1)–(2)). No rule that the signature be at the end |
Two or more credible witnesses, each 'at least 14 years of age,' who 'subscribe their names to the will in their own handwriting in the testator's presence' (§ 251.051(3)). Texas does not require the witnesses to sign in each other's presence or all be present at once. A gift to a witness is VOID unless the will can be proved without that witness or the witness's testimony is corroborated by a disinterested credible person — and even then the witness keeps no more than their intestate share (§ 254.002) |
Notarization is NOT required to sign a will. Texas offers an OPTIONAL self-proving affidavit — the testator and witnesses swear to it 'before an officer authorized to administer oaths' (a notary) — which lets the will 'be admitted to probate without the testimony of any subscribing witnesses' (§§ 251.102, 251.104(b)) |
Yes. 'A will written wholly in the testator's handwriting is not required to be attested by subscribing witnesses' (§ 251.052) — the WHOLE will, not just its key terms, must be in the testator's handwriting. A handwritten will can also be made self-proved by the testator's own affidavit (§ 251.107) |
Not permitted. Texas has not adopted the Uniform Electronic Wills Act (a 2019 bill died in committee), and § 251.051 requires a physical writing that witnesses 'subscribe … in their own handwriting in the testator's presence.' A will signed only electronically is not valid |
No. Texas has no harmless-error or substantial-compliance statute; a will that does not meet § 251.051's formalities is invalid (strict compliance). One narrow saver: a will valid under the law where it was executed, or where the testator was domiciled, is still honored (§ 251.053) |
| Utah verified 2026-07-11 | Utah Code Title 75 (Utah Uniform Probate Code), ch. 2, §§ 75-2-501 to 75-2-506; electronic wills are in the same chapter's Part 14 (Uniform Electronic Wills Act, §§ 75-2-1401 to 75-2-1411). Utah is a full Uniform Probate Code state — it uses the modern 'reasonable time' witness rule, recognizes holographic wills, has a harmless-error doctrine, and (unusually) allows electronic wills |
18 or older with testamentary capacity (§ 75-2-501(1)). Utah codifies the capacity test: the testator can identify their family or other people in their life, understands their relationship to them, understands the nature and extent of their property, and can form a plan for disposing of it (§ 75-2-501(2)). Capacity is presumed even for someone under a guardianship or conservatorship (§ 75-2-501(4)) |
Must be in writing and signed by the testator, OR signed in the testator's name by another individual 'in the testator's conscious presence and by the testator's direction' (§ 75-2-502(1)(a)-(b)). There is no rule that the signature be at the end of the document |
At least two witnesses, each of whom signs 'within a reasonable time after' witnessing either the signing of the will or the testator's acknowledgment of the signature or of the will (§ 75-2-502(1)(c)) — the modern rule, not a strict 'present at the same time' requirement. Any person generally competent may witness, and a gift to an interested witness 'does not invalidate the will or any provision of it' (§ 75-2-505) — Utah has no purging statute |
Notarization is NOT required to execute a will, and it is NOT an alternative to the two witnesses — unlike some Uniform Probate Code states, Utah did not adopt the 'notarized will' option, so two witnesses are always needed (§ 75-2-502). A self-proving affidavit is available: the testator and witnesses may swear before a notary, either at signing or later, to make the will self-proved (§ 75-2-504) |
Yes. A will that does not meet the witnessing rules is still valid as a holographic will, witnessed or not, 'if the signature and material portions of the document are in the testator's handwriting' (§ 75-2-502(2)). Only the material portions need be handwritten; intent can be shown by extrinsic evidence, including printed portions (§ 75-2-502(3)). No date is required |
Yes. Utah was the first state to enact the Uniform Electronic Wills Act (2020); an electronic will 'is a will for all purposes of the law of this state' (§ 75-2-1403). It must be a record readable as text, signed by the testator (or another in the testator's conscious presence and by direction), and signed by two witnesses 'in the physical or electronic presence of the testator' within a reasonable time (§ 75-2-1405) — so remote audio-video witnessing is allowed |
Yes. A document not executed in compliance with § 75-2-502 is treated as if it were, if the proponent proves 'by clear and convincing evidence that the decedent intended the document or writing to constitute' the will (or a revocation, alteration, or revival of it) (§ 75-2-503) |
| Vermont verified 2026-07-11 | Vermont Statutes Title 14 (Decedents' Estates and Fiduciary Relations), Chapter 1 (Wills). The core execution statute is 14 V.S.A. § 5; § 1 sets who may make a will, § 10 the interested-witness rule, and § 108 (in Chapter 3) the self-proving affidavit. Vermont is NOT a Uniform Probate Code state — it keeps its own long-standing will statute (§ 5 was modernized in 2005 to drop the old three-witness rule to two). It has not adopted holographic wills, electronic wills, or a harmless-error doctrine |
'Every individual 18 years of age or over or emancipated by court order who is of sound mind may make a will in writing' (§ 1). Eighteen is the floor, but a minor emancipated by court order may also make a will — an exception many states lack. 'Sound mind' is not defined by statute; Vermont applies the familiar capacity test — the testator must understand they are making a will, know the natural objects of their bounty, and know the nature and extent of their property. Capacity is measured at the time of signing |
A will must be in writing and 'signed in the presence of two or more credible witnesses by the testator or in the testator's name by some other person in the testator's presence and by the testator's express direction' (§ 5(a)(1)-(2)). If you cannot sign, another person may sign for you, but only in your presence and at your express direction. The statute states no signature-at-the-end rule. Note the signing itself must happen in front of the witnesses |
Two or more credible witnesses, and Vermont uses a strict all-present rule: the testator signs 'in the presence of' the witnesses, and the witnesses must be 'attested and subscribed... in the presence of the testator and each other' (§ 5(a)). So the testator and both witnesses are together for the signing — there is no 'reasonable time' delay allowed. Interested witness: a beneficial devise to a subscribing witness (or the witness's spouse) 'shall be voidable unless there are two other competent, subscribing witnesses' (§ 10) — a purging-style rule that can void the gift but not the will; a provision paying a debt does not disqualify the creditor as a witness |
Notarization is never required to make a Vermont will valid — a notary is not a witness. A will may be made self-proving under § 108: the testator and the two witnesses give a sworn acknowledgment before a notary or other officer authorized to administer oaths, confirming the testator signed (or directed another to sign) in the presence of two witnesses, each witness signed at the testator's request in the testator's and the other witness's presence, and the testator was at least 18 (or emancipated) and of sound mind. A self-proving will can be admitted to probate without live witness testimony |
No. Vermont does not recognize holographic (unwitnessed handwritten) wills — its execution statute (§ 5) requires two or more credible witnesses, and Chapter 1 contains no holographic-will provision. A purely handwritten, unwitnessed will made in Vermont is not valid. A holographic will that was valid where and when it was made in another state may still be honored in Vermont under ordinary foreign-will principles |
Not generally permitted. Vermont has not adopted the Uniform Electronic Wills Act; a valid will must be a signed paper writing witnessed in person under § 5(a). The one remote-witnessing path is § 5(b), a COVID-era provision that treats witnesses as 'in the presence of' the testator only 'during the period that the Emergency Administrative Rules for Remote Notarial Acts adopted by the Vermont Secretary of State... are in effect,' and only for a will made self-proving under § 108. Those emergency notarial rules were superseded by permanent Administrative Rules for Notaries Public effective February 26, 2025, leaving § 5(b)'s continued operation unsettled — treat in-person witnessing as the safe rule |
No. Vermont has no harmless-error or substantial-compliance statute — Chapter 1 contains no provision letting a court excuse a defective will on proof of the testator's intent (it never adopted UPC § 2-503). Vermont is a strict-compliance state: a will that misses a required formality — a missing witness, a signature not made in the witnesses' presence — generally cannot be saved, however clear the testator's intent |
| Virginia verified 2026-07-11 | Virginia Code Title 64.2, Chapter 4 governs wills; § 64.2-403 is the core execution statute. Virginia follows the common-law attested-will model (a written will signed before two witnesses) and also recognizes a wholly handwritten (holographic) will. It is NOT a notarial-will or electronic-wills state. § 64.2-401 sets who may make a will, § 64.2-404 supplies a harmless-error cure, and § 64.2-405 makes interested witnesses competent |
Any individual may make a will EXCEPT one who is '(i) of unsound mind or (ii) an unemancipated minor' (§ 64.2-401(B)) — so 18, or an emancipated minor, and of sound mind. The statute does not define 'sound mind'; Virginia case law supplies the usual test. The self-proving certificate recites the testator was 'over the age of eighteen years and of sound and disposing mind and memory' (§ 64.2-452) |
Must be in writing and signed by the testator, 'or by some other person in the testator's presence and by his direction, in such a manner as to make it manifest that the name is intended as a signature' (§ 64.2-403(A)). No rule requires the signature to be at the end |
For a will not wholly handwritten, two competent witnesses 'who are present at the same time' must see the testator sign or acknowledge the will and 'subscribe the will in the presence of the testator' (§ 64.2-403(C)); 'No form of attestation of the witnesses shall be necessary.' An interested witness (a beneficiary) is fully competent and the gift is not void: no one is 'incompetent to testify for or against a will solely by reason of any interest' (§ 64.2-405) |
Notarization is NOT required to sign a valid will — a notary is not a witness. A will may be made self-proved at execution or later by the testator's acknowledgment plus the witnesses' affidavits (§ 64.2-452) or acknowledgment (§ 64.2-453) before a notary or other officer, letting it be admitted to probate without live witness testimony |
Yes. 'A will wholly in the testator's handwriting is valid without further requirements, provided that the fact that [it] is wholly in the testator's handwriting and signed by the testator is proved by at least two disinterested witnesses' (§ 64.2-403(B)). No witnesses sign it and no date is required, but the entire will must be handwritten and two disinterested witnesses must prove the handwriting at probate |
Not permitted. Virginia has not adopted the Uniform Electronic Wills Act — the most recent codification bill (HB 133, 2026) was defeated in committee, as were several prior attempts — and § 64.2-403 requires a physical writing signed before two witnesses present in person. A will signed only electronically or witnessed by video is not valid |
Yes, but narrowed. A document not executed in compliance with § 64.2-403 is treated as if it were, if the proponent proves 'by clear and convincing evidence' the decedent intended it as a will (§ 64.2-404(A)). The cure may NOT excuse a missing testator signature (narrow exceptions aside), and the proceeding must be filed in a circuit court within one year of death (§ 64.2-404(B)) |
| Washington verified 2026-07-11 | Washington's Probate Code, RCW Chapter 11.12, governs execution; RCW 11.12.020 is the core statute. Washington follows the common-law attested-will model (a written will signed and attested by two competent witnesses) and does NOT recognize holographic wills. It is one of the states that permits an ELECTRONIC will and remote ('electronic presence') witnessing (RCW 11.12.400–11.12.491, added by 2021 c 140, effective Jan. 1, 2022). § 11.12.010 sets who may make a will; § 11.12.160 handles interested witnesses |
'Any person of sound mind who has attained the age of eighteen years may, by last will, devise all his or her estate' (RCW 11.12.010). The statute does not define 'sound mind'; Washington case law supplies the usual testamentary-capacity test. There is no lower age for married or emancipated minors |
Must be in writing, 'signed by the testator or by some other person under the testator's direction in the testator's presence or electronic presence' (RCW 11.12.020(1)). No rule requires the signature at the end. A will executed in the mode prescribed by the law of the place where executed, or of the testator's domicile, is also honored (same subsection) |
Attested by 'two or more competent witnesses, by subscribing their names to the will, or by signing an affidavit that complies with RCW 11.20.020(2), while in the presence or electronic presence of the testator and at the testator's direction or request' (RCW 11.12.020(1)). The statute does NOT require the two witnesses to be present at the same time as each other. An interested witness does not void the will, but absent two other disinterested witnesses the gift to that witness is presumed procured by undue influence and, if unrebutted, is cut to the witness's intestate share (RCW 11.12.160) |
Notarization is NOT required to sign a valid will — a notary is not a witness. Washington's self-proving mechanism is built into attestation: witnesses may attest either by subscribing the will or by signing a self-proving affidavit under RCW 11.20.020(2) (sworn before a notary), which lets the will be admitted to probate without live witness testimony |
No. Washington's execution statute requires attestation by two witnesses (RCW 11.12.020) and has no holographic-will provision, so an unwitnessed handwritten will executed in Washington is not valid. But a will valid under the law of the place where it was executed, or of the testator's domicile — including a handwritten one — is honored (RCW 11.12.020(1)) |
Permitted. A testator may sign and witnesses may attest while in each other's 'electronic presence' (remote audio-video), and may execute in counterparts (RCW 11.12.020(1)); a separate article, RCW 11.12.400 through 11.12.491, governs wills executed as electronic records and defines 'sign' to include affixing 'an electronic symbol, an electronic sound, or process' (RCW 11.12.410). Both took effect January 1, 2022 (2021 c 140) |
No statutory harmless-error or substantial-compliance cure. RCW 11.12.020 states the execution formalities without any provision letting a court excuse a defect on proof of intent, so a will that misses a formality (for example, only one witness) is not saved by a clear-and-convincing-evidence showing the way it would be in a Uniform Probate Code harmless-error state |
| West Virginia verified 2026-07-11 | West Virginia Code Chapter 41 ('Wills'). The core execution statute is § 41-1-3 (writing, signature, two witnesses); § 41-1-2 sets who may make a will, § 41-2-1 governs a witness who is also a beneficiary, and § 41-5-15 provides a limited pre-death witness affidavit. West Virginia is NOT a Uniform Probate Code state; its statute of wills is a 19th-century common-law scheme, and it has not adopted electronic wills |
You must be at least 18 and of sound mind: 'No person of unsound mind, or under the age of eighteen years, shall be capable of making a will' (§ 41-1-2). There is no emancipated-minor exception. 'Sound mind' is not defined by statute; West Virginia case law sets a relatively low threshold — the testator must understand they are making a will, recall the property to be disposed of, and know the natural objects of their bounty. Capacity is measured at the time of signing |
Must be in writing and 'signed by the testator, or by some other person in his presence and by his direction, in such manner as to make it manifest that the name is intended as a signature' (§ 41-1-3). Another person may sign for you, but only in your presence and at your direction (and that person should not also be a witness). There is no signature-at-the-end rule and no required form of attestation |
Two competent witnesses under the strict presence rule: the testator must sign or acknowledge the will 'in the presence of at least two competent witnesses, present at the same time,' and those witnesses must 'subscribe the will in the presence of the testator, and of each other' (§ 41-1-3). A wholly-handwritten will is the only exception. Interested witness: the will is not thereby invalid, but a gift to a witness is VOID — except that a witness who is also an heir keeps so much of the gift as does not exceed their intestate share (§ 41-2-1) |
Notarization is NOT required to make a will valid — a notary is not a witness. West Virginia has no classic self-proving affidavit that binds in a will contest. Its narrower mechanism is § 41-5-15: the attesting witnesses may, at the testator's request, sign a sworn affidavit (before any officer authorized to administer oaths) that is preserved with the will and substitutes for their live testimony at probate — but it is 'not ... admissible in evidence in any case in which there is a contest over the will' |
Yes, but narrowly. A will 'wholly in the handwriting of the testator' is valid with no witnesses (§ 41-1-3). West Virginia requires the ENTIRE will to be in the testator's handwriting — not merely the material provisions — and the testator must sign it. The statute sets no separate date requirement, but any typed or preprinted content defeats holographic status |
Not permitted. West Virginia has not enacted the Uniform Electronic Wills Act or any electronic-wills statute, and § 41-1-3 requires two competent witnesses 'present at the same time' in the testator's presence — an in-person ceremony. A will signed or witnessed only electronically or over video is not a valid West Virginia will |
No. West Virginia is a strict-compliance state: '[n]o will shall be valid unless' it meets § 41-1-3's formalities (§ 41-1-3), and the state has adopted no harmless-error or substantial-compliance statute. A will that misses a formality — a missing witness, or witnesses who were not present at the same time — generally fails, no matter how clear the testator's intent. The only non-attested route is a will wholly in the testator's handwriting |
| Wisconsin verified 2026-07-11 | Wis. Stat. ch. 853, subch. I: § 853.01 (capacity), § 853.03 (execution, including remote audio-video witnessing), § 853.04 (self-proved will), § 853.05 (out-of-state / nonresident execution), § 853.07 (witnesses / interested witness). Wisconsin is a common-law attested-will state using the modern 'reasonable time' witnessing rule; it recognizes no holographic will and has no fully electronic (paperless) will and no harmless-error statute |
'Any person of sound mind 18 years of age or older may make and revoke a will' (§ 853.01). A flat age of 18. 'Sound mind' is the ordinary testamentary-capacity standard — understanding the act, one's property, and the natural objects of one's bounty |
Every will 'must be in writing' and signed by the testator, by the testator with another person's assistance and consent, or 'in the testator's name by another person at the testator's direction and in the testator's conscious presence' (§ 853.03(1)). No statutory signature-at-the-end rule |
At least two witnesses, each of whom signs 'within a reasonable time' after the testator signs the will, or acknowledges the signature or the will, 'in the conscious presence of the witness' (§ 853.03(2)(am)); the two witnesses may observe at different times (§ 853.03(2)(bm)) — the relaxed modern rule. Any person competent to testify may witness (§ 853.07(1)). Interested-witness rule (§ 853.07(2)): a gift to a witness or the witness's spouse does not void the will but is 'invalid to the extent' it exceeds their intestate share, UNLESS two disinterested witnesses also signed or there is sufficient evidence the testator intended the full transfer |
Notarization is NOT required to make a will valid — a notary is not a witness. Wisconsin offers an optional self-proved will: the testator and witnesses swear an affidavit before an officer authorized to administer oaths (a notary), certified under official seal, either at execution ('one-step') or later ('two-step') (§ 853.04). For a remotely witnessed will, the supervising attorney's affidavit of compliance also counts as a self-proving affidavit (§ 853.03(2)(c)13) |
No. Wisconsin does not recognize holographic (handwritten, unwitnessed) wills — § 853.03 requires every will to be in writing AND signed by at least two witnesses, with no holographic exception. A will validly executed elsewhere, including a holographic one, may still be honored under § 853.05 |
Partial — remote witnessing yes, paperless electronic will no. Wisconsin allows the two witnesses to appear by 'simultaneous remote appearance by 2-way, real-time audiovisual communication technology' if the signing is supervised by a Wisconsin-licensed attorney and the testator and both witnesses are physically in Wisconsin, show ID, and the signed paper original is delivered to the witnesses and the attorney (§ 853.03(2)(c)). Wisconsin has NOT adopted a fully electronic (electronically signed, paperless) will — the will remains a signed paper document |
No. Wisconsin has no harmless-error or substantial-compliance statute; § 853.03 says a will 'must be' executed 'with all of the following formalities,' so a will that misses one (for example, only one witness) is invalid. Wisconsin instead relaxes execution through its witnessing rules (reasonable time, conscious presence, witnesses at different times). A will valid where it was executed, or under the testator's residence/domicile law, is honored (§ 853.05) |
| Wyoming verified 2026-07-11 | Wyoming Statutes Title 2 (Wills, Decedents' Estates and Probate Code), Chapter 6 (Wills). The core execution statute is W.S. 2-6-112; § 2-6-101 sets who may make a will, § 2-6-113 the holographic will, § 2-6-114 the self-proving affidavit, § 2-6-115 who may witness, and § 2-6-116 the choice-of-law rule. Wyoming keeps its own concise attested-will statute (it did not adopt the full Uniform Probate Code execution article or the Uniform Electronic Wills Act), but in 2023 (SF 99, ch. 170) it added permanent authority for remote audio-video witnessing and electronic signing in § 2-6-112(b) |
'Any person of legal age and sound mind may make a will and dispose of all of his property by will except what is sufficient to pay his debts, and subject to the rights of the surviving spouse and children' (§ 2-6-101). Legal age in Wyoming is 18. 'Sound mind' is not defined by statute; Wyoming applies the familiar test — the testator must understand they are making a will, know the natural objects of their bounty, and know the nature and extent of their property. Note that Wyoming law limits what a will can do (it cannot defeat debts or the surviving spouse's and children's protected rights), though that goes to a will's effect, not its execution |
A will must be 'in writing, or typewritten... and signed by the testator or by some person in his presence and by his express direction' (§ 2-6-112(a)). If you cannot sign yourself, another person may sign for you, but only in your presence and at your express direction. There is no signature-at-the-end rule. Under § 2-6-112(b), when audio-video witnessing is used the will may be signed electronically by secure means |
Two competent witnesses (§ 2-6-112(a)); any person 'generally competent to be a witness' may witness (§ 2-6-115). Since 2023 the witnesses 'may appear in person or by the use of audio-video communication technology,' provided they can see and hear the testator in real time and judge the testator's competency and free execution (§ 2-6-112(b)). Interested witness: a purging rule — 'no subscribing witness to any will can derive any benefit therefrom unless there are two (2) disinterested and competent witnesses to the same,' but a witness who would inherit in intestacy 'may still receive the portion to the extent and value of the amount devised' up to that intestate share (§ 2-6-112(a)) |
Notarization is never required to make a Wyoming will valid — a notary is not a witness. A will may be made self-proving under § 2-6-114: the testator and the two witnesses swear an affidavit before an officer authorized to administer oaths, at execution or later, so the will can be admitted to probate without live witness testimony. The self-proving forms expressly accommodate witnesses 'appearing through the use of audio-video communication technology' and signing 'electronically... by secure means,' matching the 2023 remote-witnessing amendment |
Yes. A will that does not comply with § 2-6-112 'is valid as an holographic will, whether or not witnessed, if it is entirely in the handwriting of the testator and signed by the hand of the testator himself' (§ 2-6-113). Wyoming uses the STRICT test: the will must be ENTIRELY in the testator's own handwriting — not merely the 'material portions' — so any typed or pre-printed text can defeat it. The statute states no separate date requirement |
Partly permitted — remote witnessing and electronic signing, but not a standalone electronic will. Wyoming did NOT adopt the Uniform Electronic Wills Act. Instead, § 2-6-112(b) (added 2023, SF 99) lets the two witnesses to an otherwise-ordinary will appear by real-time audio-video communication technology and sign the will electronically by secure means, and § 2-6-114 carries matching self-proving language. So a Wyoming will can be witnessed remotely and signed electronically, but it must still be a two-witness attested will (or a handwritten holographic will) — there is no separate electronic-will regime |
No. Wyoming has no harmless-error or substantial-compliance statute — Chapter 6 contains no provision letting a court excuse a defective will on clear and convincing evidence of the testator's intent, and it never adopted UPC § 2-503. (A 2021 legislative draft that would have added a harmless-error rule as part of the Uniform Electronic Wills Act was not enacted; Wyoming instead adopted only the narrower 2023 remote-witnessing amendment.) Wyoming is a strict-compliance state: a will that misses a required formality generally cannot be saved, however clear the intent |
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