50-State Surveys › Self-Proving Affidavit for Wills Requirements by State
Self-Proving Affidavit for Wills Requirements by State
Can a will be made self-proving in this state — who must sign or swear, before which officer, when may it be done, how must the affidavit be attached, and what does it actually prove in probate?
51 of 51 jurisdictions verified
every entry statute-checked, oldest 2026-08-01
What this survey covers
A self-proving affidavit is written evidence of how a will was executed, designed to reduce or eliminate the need to call the attesting witnesses in probate. The record may be attached to the will, built into the will's execution block, signed only by the witnesses, or supplied when the will is offered for probate, depending on the state. It is an evidentiary shortcut, not what makes the underlying will valid.
This survey answers one question for all 51 US jurisdictions: can a will be made self-proving here, and what exactly does that take? Each state's page covers who has to sign or swear, when the affidavit may be made, which officer must take it, what the affidavit has to say, how it must be attached to the will, and — the part that matters most if you are holding a will right now that has no affidavit — how the will gets proved without one.
How to read the table
Each column is one element of the self-proof mechanism, answered the same way for every state, with the statutory citation compressed into the cell. The three columns that decide most real questions are who signs or swears, when the affidavit may be made, and what the affidavit actually proves once it reaches the probate court. The remaining columns cover the officer and seal, the recitals and whether a statutory form must be followed, how the affidavit attaches to the will, the electronic and out-of-state rules, and the alternate proof route when there is no valid affidavit. Click a state for the full plain-English page, with the verbatim statutory text and official source links.
Patterns across all 51 jurisdictions
The dominant form uses three participants. Most states use a testator acknowledgment plus affidavits from both attesting witnesses before an officer authorized to administer oaths. Florida is the exemplar. Many of these states offer two routes: a combined execution, attestation, and self-proof ceremony, and a later affidavit for an already attested will. The forms usually need only substantial compliance, but officer certificates, official seals, and attachment language vary independently and cannot be assumed from the general pattern.
A substantial minority use witness proof instead. Arkansas, Connecticut, Illinois, Mississippi, Nevada, New York, Oregon, Rhode Island, Tennessee, Washington, and West Virginia rely on one or more attesting-witness affidavits without a testator affidavit in at least their ordinary route. California has no classic self-proving affidavit and instead accepts subscribing-witness evidence at probate; Ohio likewise has no self-proof statute and uses facial or witness proof. District of Columbia and Maryland paper wills use probate-stage proof mechanisms, while their electronic or supervised remote routes follow different rules.
Timing is the sharpest dividing line. “At execution or any later date” is common, but Georgia, Kansas, Oklahoma, and Texas expressly limit later self-proof to the lifetimes of the testator and witnesses. Several witness-affidavit states allow the proof after death at the request of an executor or interested person. Electronic will statutes frequently return to an execution-time-only model even where paper wills may be self-proved later. Vermont is a different drafting outlier: its short statute lists four circumstances but states no express timing, form, seal, or attachment rule.
Who signs and what the affidavit proves are separate questions. South Carolina can use one witness affidavit even though two witnesses execute the will. Pennsylvania adds an attorney-certification path. Texas has a separate testator-only route for a wholly handwritten will. Louisiana's notarial testament integrates the proof declaration into the execution form, while Indiana's paper route does not require an oath officer. A statute may make execution conclusively presumed, presume only selected facts, accept the affidavit as if the witness testified, or withhold the shortcut when the will is contested or fraud or forgery affects the proof.
Electronic and remote rules form a second layer. States with separate electronic will provisions may require execution-time self-proof, an official seal, logical association, a qualified-custodian chain, a certified paper copy, or a short deadline for assembling counterpart pages. Other states permit remote witnesses or secure electronic witness signatures without creating a general electronic will signed by the testator. Paper and electronic routes therefore must be checked separately.
No valid affidavit means ordinary proof, not an invalid will. A properly executed will can proceed without self-proof. The usual fallback is oral or written testimony from one subscribing witness. If the witnesses are dead or unavailable, states turn to handwriting evidence, testimony from disinterested people, an attestation-clause presumption, or other evidence sufficient to establish execution. A few statutes also let affidavit signatures satisfy missing will signatures, so the exact effect of a defective proof page remains state-specific.
Get this answered for your state
This survey compares every state side by side. Ask about your specific situation and see what your state's law says, with citations to the statutes.
Scroll sideways in the table to see all columns →
| State | Availability & governing law | Who signs or swears | When it may be made | Officer, oath & seal | Required recitals & form | Attachment to the will | Electronic, remote & out-of-state | Probate effect & exceptions | If there is no affidavit |
|---|---|---|---|---|---|---|---|---|---|
| Alabama verified 2026-08-01 | Available under Ala. Code § 43-8-132 (one-step and later forms/effect); § 43-8-133 also permits self-proof as otherwise provided by law. Ordinary proof in § 43-8-167 |
Testator acknowledges/signs and both attesting witnesses swear/sign; statutory forms show separate testator and 2 witness signatures. No attorney-only or post-death substitute (§ 43-8-132) |
Simultaneously with execution and attestation, or an attested will may be made self-proved 'at any time subsequent' to execution (§ 43-8-132(a)–(b)) |
Oath officer under law of state where execution occurs (one-step) or acknowledgment occurs (later); officer certificate under official seal (§ 43-8-132(a)–(b)) |
Substantially statutory form: will identity, willing signature/direction, free voluntary act, witness signing in testator's presence/hearing, age 18+, sound mind, no constraint/undue influence (§ 43-8-132) |
Later officer certificate attached or annexed to will. One-step form is simultaneous but has no separate attachment phrase; no affidavit-signature spillover rule stated (§ 43-8-132(a)–(b)) |
No electronic/remote self-proof method supplied by §§ 43-8-132–133; Alabama UETA excludes will creation/execution. Out-of-state officer allowed; foreign-execution validity does not itself grant foreign self-proof (§§ 8-1A-3, 43-8-135) |
Signatures conclusively presumed compliant; other execution requirements rebuttably presumed without testimony; probate without further proof. Fraud/forgery affecting acknowledgment/affidavit defeats shortcut (§ 43-8-132(c)) |
1+ subscribing witnesses; uncontested case needs only 1. If witnesses dead, insane, out of state, or later incompetent: testator handwriting plus at least 1 witness's handwriting; special military/seaman route (§ 43-8-167) |
| Alaska verified 2026-08-01 | Two routes under AS 13.12.504: simultaneous execution/attestation/self-proof, or later self-proof of an attested will; uncontested/contested proof in AS 13.16.160-.165 |
Testator acknowledges, swears, and signs; both witnesses make affidavits, swear, and sign; officer certifies all three under official seal (AS 13.12.504) |
At execution under AS 13.12.504(a), or 'at any time after its execution' under subsection (b); later route still requires testator and both witnesses |
Officer authorized to administer oaths under the law of the state where execution or later acknowledgment occurs; certificate, official capacity, and official seal required |
Substantial statutory form: willing/free signing or directed signing; age 18+; sound mind; no constraint/undue influence; witnesses sign in testator's presence and hearing (AS 13.12.504) |
Later certificate attached or annexed. A signature on an attached self-proving affidavit can count as a will signature when due execution needs proof (AS 13.12.504(b)-(c)) |
AS 13.12.504 creates no electronic or remote self-proof route. Officer authority follows the law where ceremony occurs; AS 13.12.506 validates some foreign execution but does not separately confer self-proof |
Signature compliance conclusively presumed; other execution requirements rebuttably presumed without witness testimony. Fraud/forgery affecting acknowledgment or affidavit defeats shortcut (AS 13.16.165(b)) |
Unopposed case: one witness affidavit/testimony, or other evidence if unavailable (AS 13.16.160). Contested case: one available in-state witness; due execution may also be proved by other evidence (§ 13.16.165(a)) |
| Arizona verified 2026-08-01 | Available for paper wills under A.R.S. § 14-2504; electronic wills use §§ 14-2504 and 14-2519 |
Testator acknowledges, signs, and is sworn; both witnesses sign and swear to the execution facts (§ 14-2504) |
At execution, or 'at any time after' execution while the testator and both witnesses can complete the later form (§ 14-2504(A)-(B)) |
Oath officer authorized by the state where execution or later acknowledgment occurs; officer's certificate and official seal required (§ 14-2504) |
Forms followed 'substantially': willing and voluntary execution, age 18+, sound mind, no constraint/undue influence, and each witness signing in the testator's presence and hearing (§ 14-2504) |
Later certificate must be attached or annexed; an attached affidavit signature can count as a will signature if due execution needs proof (§ 14-2504(B)-(C)) |
Electronic will: § 14-2504 plus notary e-signature/seal, qualified custodian designation, and continuous exclusive custody; witnesses may be physically or electronically present (§ 14-2519). Out-of-state oath officers are permitted (§ 14-2504) |
Contested case: signatures conclusively presumed compliant; other execution requirements rebuttably presumed without witness testimony, unless fraud or forgery affects the acknowledgment or affidavit (§ 14-3406(B)) |
Informal probate may rely on a sufficient attestation clause, apparent proper execution, or a knowledgeable person's sworn statement (§ 14-3303(C)); contested proof uses an available in-state witness or other evidence (§ 14-3406(A)) |
| Arkansas verified 2026-08-01 | Witness proof affidavit under Ark. Code Ann. § 28-25-106; ordinary proof requirements remain in § 28-40-117 |
Any attesting witness may make/sign an individual affidavit; testator does not join. Two available witness proofs ordinarily required (§§ 28-25-106, 28-40-117) |
Any time: witness's own initiative, testator's request, or after death at executor/other interested-person request (§ 28-25-106(b)) |
Any officer authorized to administer oaths in Arkansas or another state; no express seal/certificate mandate (§ 28-25-106(a)) |
No statutory form; state facts the witness would have to testify to in an uncontested probate. Execution facts come from § 28-25-103 |
On the will; if impracticable, oath officer must securely affix it to the will or a true copy (§ 28-25-106(c)) |
Out-of-state oath officer expressly allowed. No e-will/remote-self-proof provision or blanket foreign-self-proof rule stated; ordinary statute uses signatures/presence (§§ 28-25-103, -106) |
Uncontested only: circuit court may accept affidavit with same effect as that witness's testimony. It is discretionary and does not defeat a contest (§ 28-25-106(d)) |
2 available attesting witnesses testify; if 2 cannot be procured, 2 credible disinterested witnesses prove handwriting/circumstances plus any procurable attesting witness (§ 28-40-117) |
| California verified 2026-08-01 | No self-proving affidavit exists; proof happens at probate under Prob. Code §§ 8220–8221 (Div. 7, Ch. 3, Art. 2, 'Proof of Will') |
One subscribing witness, by affidavit; no testator acknowledgment, no officer certificate, no attorney route (§ 8220(a)–(b)) |
Probate stage only — the affidavit is filed as evidence when the will is offered, not prepared at signing (§ 8220) |
No statutory officer, certificate, or seal requirement; § 8220 requires only an affidavit, taken under ordinary California affidavit law |
No statutory form and no listed recitals; the affidavit must show 'that the will was executed in all particulars as prescribed by law' (§ 8220(a)) |
Either an affidavit with a photographic copy of the will attached, or an affidavit in the original will that includes or incorporates the attestation clause (§ 8220(b)) |
No electronic-will chapter and no remote-witnessing or online-notarization provision anywhere in the Probate Code; no foreign-self-proof recognition section |
Applies only 'unless there is a contest of a will'; a contest removes the shortcut entirely and returns the matter to ordinary proof (§ 8220) |
Deposition of an out-of-county witness (§ 8220(c)); if no subscribing witness is available, proof of the testator's handwriting plus a witness's handwriting or a qualifying document (§ 8221); a holographic will is proved like any other writing (§ 8222) |
| Colorado verified 2026-08-01 | Witnessed paper will: one-step or later self-proof under C.R.S. § 15-11-504. Electronic will: execution-time route under § 15-11-1308. Notary-only will is valid but not self-proved (§ 15-12-406(b)) |
Testator acknowledges/signs; both attesting witnesses sign sworn affidavits. No attorney-only route. Paper and electronic forms require all 3 signatures (§§ 15-11-504, 15-11-1308) |
Paper: simultaneously at execution or 'at any time after' execution. Electronic: only simultaneously executed, attested, and self-proved at signing (§§ 15-11-504, 15-11-1308) |
Paper: oath officer under law of state where execution/acknowledgment occurs, official seal. E-will: physical oath officer or, for remote ceremony, Colorado-authorized notary located in Colorado; official seal (§§ 15-11-504, 15-11-1308) |
Substantial compliance: will identity, willing signature/direction, free voluntary act, witness signing in required presence, testator age 18+, sound mind, no constraint/undue influence (§§ 15-11-504, 15-11-1308) |
Later paper certificate attached or annexed to will; affidavit signature can count as will signature. E-will certificate under seal affixed or logically associated; certified paper copy must include affidavits (§§ 15-11-504(2)–(3), 15-11-1308(2), (4), 15-11-1309) |
E-will self-proof supports physical or electronic presence; remote notary must be Colorado-authorized and located in Colorado. Paper oath officer authority may come from state of execution/acknowledgment. No blanket foreign-self-proof recognition is stated (§§ 15-11-504, 15-11-1308) |
Contested execution: self-proved will satisfies execution without attesting-witness testimony unless fraud/forgery affects acknowledgment or affidavit. Notary-only will gets rebuttable presumption (§ 15-12-406(1)(a)–(b)) |
Notary-only will: rebuttable execution presumption. Witnessed will: testimony of at least 1 available in-state witness; other evidence/affidavit allowed, and signed attestation clause raises rebuttable presumption (§ 15-12-406(1)(b)–(c)) |
| Connecticut verified 2026-08-01 | Out-of-court attesting-witness affidavit under Conn. Gen. Stat. § 45a-285; accepted in place of the same witness's court statement |
Any or all attesting witnesses sign; testator may request before death, while executor or any interested person may request after death (§ 45a-285) |
During testator's life at the testator's request, or after death at executor/interested-person request; no statutory deadline (§ 45a-285) |
Any officer authorized to administer oaths in or outside Connecticut; § 45a-285 states no special certificate or seal requirement |
No statutory form; affidavit states the facts the witness would be required to testify to in court to prove the will (§ 45a-285) |
Write affidavit on the will; only if impracticable, use paper attached to it (§ 45a-285) |
Oath officer may be in or out of state; no special electronic/remote affidavit rule. Will valid where executed may be admitted under § 45a-251 |
Probate Court accepts the sworn witness statement as if taken before that court; section states no conclusive-proof or no-contest effect (§ 45a-285) |
Use ordinary in-court proof by the attesting witness; affidavit must cover the same facts the witness would testify to there (§ 45a-285) |
| Delaware verified 2026-08-01 | Yes—12 Del. C. § 1305 creates execution-time or later self-proof; § 1306 recognizes qualifying self-proof from other jurisdictions; § 1310 states probate effect |
Testator acknowledges, is sworn, and signs; both witnesses make affidavits, are sworn, and sign; officer certifies all three (§ 1305) |
At execution or 'at any subsequent date' (§ 1305); later route still requires the testator and both witnesses |
Officer authorized to administer oaths under Delaware law; signed certificate, official capacity, and official seal required (§ 1305) |
Substantially compliant form: will declaration; willing/free signing or directed signing; witness signing; age 18+; sound mind; no constraint/undue influence (§ 1305) |
Officer certificate under official seal must be attached or annexed to the will; form identifies the attached or foregoing instrument (§ 1305) |
No separate electronic or remote route in §§ 1305-1306. An otherwise-valid will is self-proved if it meets Delaware's form or the self-proof law where made or of a qualifying testator connection at death (§ 1306(b)) |
Signature compliance conclusively presumed; other execution requirements rebuttably presumed without witness testimony. Fraud/forgery affecting acknowledgment or affidavit defeats admission shortcut (§ 1310) |
Ordinary proof applies. If witnesses are unavailable, their signatures may be proved; if witness signatures cannot be proved, testator-signature proof may suffice, subject to additional proof the Register requires (§ 1304) |
| District of Columbia verified 2026-08-09 | Paper will: no self-proof section in D.C. Code Title 18, ch. 1 (§§ 18-101 to -112). Electronic will: execution-time self-proof under § 18-908; abbreviated probate proof under § 20-312 |
Electronic route: testator acknowledges, swears, and signs; both witnesses swear and sign; officer certifies all three (§ 18-908). No statutory paper-will affiant set |
Electronic will only at simultaneous execution, attestation, and self-proof (§ 18-908(a)); no later electronic form and no statutory paper self-proof route |
Officer authorized where execution occurs; if fewer than two witnesses are physically with testator, officer authorized under D.C. remote-notary § 1-1231.13a. Official seal required (§ 18-908(b)) |
Substantial electronic form: willing/free personal or directed signing; age 18+; sound mind; no constraint/undue influence; witnesses sign in testator's physical/electronic presence (§ 18-908(c)) |
Electronic officer certificate under official seal must be affixed to or logically associated with the will; physical/electronic affidavit signatures count as electronic-will signatures (§ 18-908(b), (d)) |
Self-proof exists only for electronic wills. Witnesses may be physically or electronically present; special D.C. officer rule applies when fewer than two witnesses are co-located. No paper or separate foreign-self-proof statute |
Section 18-908 makes the e-will self-proving but states no conclusive contest effect. In abbreviated probate, due execution is presumed through an attestation recital or verified knowledgeable-person statement; additional proof may be required (§ 20-312) |
Abbreviated probate: will with due-execution witness recital, or verified statement by any person with personal knowledge; current law lets Court or Register act and permits extra proof (§ 20-312) |
| Florida verified 2026-08-16 | Available for a will or codicil executed under § 732.502; Fla. Stat. § 732.503, with a separate electronic-will version at § 732.523 |
Testator acknowledges the will; both attesting witnesses swear affidavits. No attorney route, no post-death requester (§ 732.503(1)) |
At execution or 'at any subsequent date'; the statute sets no cutoff but supplies no after-death route (§ 732.503(1)) |
Any officer authorized to administer oaths; officer signs a certificate and affixes the official seal with commissioned name (§ 732.503(1)) |
Statutory form followed 'substantially': testator declares the instrument is the will; witnesses swear the testator declared and signed it in their presence and that each signed as witness in the testator's and each other's presence (§ 732.503(1)) |
Officer's certificate attached to or following the will; for an electronic will, part of, attached to, or logically associated with the electronic record (§§ 732.503(1), 732.523(1)) |
Online notarization is an express election on the form; e-will self-proof also needs a designated qualified custodian and a custodian's sworn certification (§§ 732.522(2), 732.523, 732.524). Self-proof under former Florida law or another state's law counts (§ 732.503(2)) |
Admitted to probate 'without further proof'; a purportedly self-proved electronic will loses that where its online notarization substantially failed to comply with § 117.265 (§ 733.201(1)) |
Will remains valid; proved on the oath of any attesting witness, or on the oath of the nominated personal representative or a disinterested person if the witnesses cannot be found, are incapacitated, or cannot be reached in a reasonable time (§ 733.201(2)–(3)) |
| Georgia verified 2026-08-01 | Yes—for a will or codicil under O.C.G.A. § 53-4-24; common- and solemn-form probate effects appear in §§ 53-5-17 and 53-5-21 |
The testator and the attesting witnesses make affidavits before the notary. The statutory form has signatures for the testator and two witnesses, with all appearing and being duly sworn (§ 53-4-24) |
At execution or later, but only during the lifetimes of the testator and the witnesses (§ 53-4-24) |
A notary public takes the affidavits; the notary's certificate must be affixed with the official seal (§ 53-4-24) |
Form and content must be substantially statutory: identity/capacity of signers, voluntary free execution, declaration as will/codicil, witness request/presence facts, testator age 14+ and sound mind, and witness age 14+ (§ 53-4-24) |
The sealed notarial certificate must be attached or annexed to the will or codicil (§ 53-4-24) |
Section 53-4-24 supplies no electronic/remote self-proof route and uses appearance plus presence/hearing recitals. A probated out-of-state or foreign will may use certified/authenticated probate records under § 53-5-33; Georgia has no separate foreign-affidavit safe harbor |
Common form: execution requirements are presumed without witness testimony (§ 53-5-17). Solemn form: execution presumptions are rebuttable (§ 53-5-21). The will remains contestable, revocable, and amendable (§ 53-4-24(c)) |
Common form may use one subscribing witness; solemn form generally uses available witnesses, with one enough if no caveat. Testimony may be in person, interrogatory, deposition, or discovery; unavailable-witness signature proof is allowed (§§ 53-5-17, 53-5-21, 53-5-23–24) |
| Hawaii verified 2026-08-01 | Two routes under Haw. Rev. Stat. § 560:2-504: simultaneous execution/attestation/self-proof, or later self-proof of an already attested will |
Testator acknowledges and signs; both witnesses make affidavits and sign. The officer certifies all three under official seal (§ 560:2-504) |
At execution under subsection (a), or 'at any time after its execution' under subsection (b); later route still requires the testator and both witnesses |
Officer authorized to administer oaths under the law of the state where execution or later acknowledgment occurs; certificate and official seal required (§ 560:2-504) |
Substantial statutory form: willing/free execution, age 18+, sound mind, no constraint/undue influence; witnesses swear to signing in the testator's presence and hearing (§ 560:2-504) |
Later officer certificate must be attached or annexed to the will; probate filing includes the will plus acknowledgment and affidavits annexed or attached (§§ 560:2-504(b), 560:3-406(1)) |
No separate electronic or remote self-proof route in the cited provisions. Officer may act under the law of the state where execution or acknowledgment occurs (§ 560:2-504) |
Deemed to satisfy execution without attesting-witness testimony unless fraud or forgery affects the acknowledgment or affidavit (§ 560:3-406(1)) |
At least one available in-state attesting witness testifies; otherwise other evidence may prove execution, including a witness affidavit. Signed attestation clause creates a rebuttable presumption (§ 560:3-406(2)) |
| Idaho verified 2026-08-01 | Paper self-proof under Idaho Code § 15-2-504; electronic route in § 15-2-1108; probate effect/fallback in §§ 15-3-405 and -406 |
Testator acknowledges/signs; both witnesses swear/sign. Physically unable testator may direct another signer under §§ 15-2-504(3), 51-109 |
Paper: at execution or 'at any time subsequent'; later route still requires all 3. Electronic: execution-time route only (§§ 15-2-504, 15-2-1108(1)–(2)) |
Paper oath officer authorized under execution state (simultaneous) or acknowledgment state (later); official-seal certificate (§ 15-2-504) |
Substantial form: will declaration, willing/free act, proxy if any, witness presence/hearing, age 18+, sound mind, no constraint/undue influence (§ 15-2-504) |
Later paper certificate attached/annexed. Electronic acknowledgment/affidavit must be tamper-evident and affixed/logically associated within a reasonable time (§§ 15-2-504(2), 15-2-1108(4)) |
Electronic self-proof permits 'physical or electronic presence' recital but no later route; paper officer authority follows execution/acknowledgment-state law (§§ 15-2-504, 15-2-1108) |
Contested case: signatures conclusively presumed; other execution requirements rebuttably presumed without witness testimony; fraud/forgery exception (§ 15-3-406(b)) |
Unopposed case may proceed on pleadings; if proof needed, 1 witness affidavit/testimony or other evidence if unavailable. Contested: 1 available in-state witness, otherwise other evidence (§§ 15-3-405, -406(a)) |
| Illinois verified 2026-08-01 | Yes. 755 ILCS 5/6-4 is the paper/in-person rule: two witness statements may be supplied by testimony, signed attestation clause, or signed affidavit. Electronic and remotely witnessed wills use 755 ILCS 6/15-10 and 20-15 through 20-20 |
Each of at least two attesting witnesses signs the proof clause or affidavit; the testator does not join the § 6-4 proof statement. For remote wills, a non-testator appointed to assemble separate pages must also make attachment statements (§ 20-20(d)-(e)) |
Paper/in-person affidavit: at or after attestation, with no lifetime cutoff (§ 6-4(b)). Remote witness: clause/affidavit signed at attestation must be attached within 10 business days; a later affidavit may be attached to an accurate copy (§ 20-20(c)) |
No oath officer, notary certificate, or seal is a statutory condition for the attestation-clause route. The affidavit provisions require the witness's signed affidavit but §§ 6-4(b) and 20-20(c) prescribe no particular officer or official seal |
Each witness states: saw the testator (or directed signer) sign or heard the testator acknowledge the signature; attested in the testator's presence; and believed the testator sound of mind and memory. A remote witness also states the identity-determination method (§§ 6-4(a), 20-20(b)) |
Paper/in-person: attestation clause forms part of or is attached to the will; affidavit forms part of or is attached to the will or an accurate facsimile. Remote: same-time proof pages attach within 10 business days; later affidavits attach to an accurate copy; a remote electronic will is a single document (§§ 6-4(b), 15-10(b), (e), 20-20(c)) |
In-person electronic will is sufficiently proved under § 6-4 (§ 20-15). Remote attestation may cover an electronic will, paper copy, or paper document, but must designate Illinois, use two U.S.-located credible witnesses, and follow identity/attachment rules (§ 15-10). Foreign wills may use authenticated prior probate or the proof law of the execution place/domicile (Probate Act art. VII) |
The two witnesses' statements sufficiently prove execution unless invalidating conduct is shown. Within 42 days after admission before notice, an entitled person may demand formal proof, where clauses/affidavits no longer suffice and testimony, deposition, or other evidence is required (§ 6-21; 755 ILCS 6/20-30, 20-35) |
No affidavit is required if the two witnesses signed a compliant attestation clause; live testimony is another express route. Even without either written route, the proponent may introduce other competent evidence sufficient to establish the will (§ 6-4) |
| Indiana verified 2026-08-01 | Available for paper wills under Ind. Code §§ 29-1-5-3(g), -3.1; separate electronic-will rules at §§ 29-1-21-4(e)–(g), -16(d) |
§ 3.1 clause: testator and both witnesses sign. § 3(g) route: witness signatures follow a declaration while the testator separately signs the will. No oath officer is required |
Paper: at execution or later after an attested will already exists (§ 29-1-5-3.1(a)–(b)). Electronic: only at electronic signing and before finalization (§ 29-1-21-4(e)) |
No officer, oath, certificate, or seal required; paper signatures may be made under penalties of perjury (§ 29-1-5-3.1(c)) |
Substantial compliance: will identity, testator's signing or acknowledgment, free act, both witnesses' presence and signatures, sound mind, and age-18-or-military status (§ 29-1-5-3.1(c)–(e)) |
Paper clause incorporated into or attached to the will; later clause attached to it. Electronic clause incorporated into the electronic record before finalization (§§ 29-1-5-3.1(a)–(c), 29-1-21-4(e)) |
Remote paper counterparts use the real-time-technology form in § 29-1-5-3.1(e); e-wills use § 29-1-21-4(f). A will already proved or allowed elsewhere follows Indiana's foreign-probate route (§§ 29-1-7-25 to -27) |
Paper: rebuttable presumptions of signature and other execution compliance without witness testimony, defeated by fraud or forgery proof (§ 29-1-7-13(c)). E-will: similar presumption, rebuttable for fraud, forgery, or impersonation; court may demand more evidence (§ 29-1-21-16(d)–(e)) |
Will is not invalid. Prove it through 1 or more subscribing witnesses; if none can be found or all are dead, out of state, or incapacitated, first establish that condition and then use handwriting proof (§§ 29-1-7-9, -10) |
| Iowa verified 2026-08-01 | Self-proved attested will under Iowa Code § 633.279(2); remote-presence/counterpart overlay in § 633.279(3)–(5) |
Testator acknowledges/signs; both attesting witnesses swear/sign; statutory form confirms each witness is age 16+ (§ 633.279(2)) |
At execution or any subsequent date; later route still requires testator and witnesses (§ 633.279(2)(a)) |
Person authorized under Iowa law to administer oaths and take acknowledgments; certificate under seal (§ 633.279(2)(a)) |
Substantial statutory form: identities, will exhibition/declaration, signing place/date, mutual presence, testator request, witness age 16+ (§ 633.279(2)(a)) |
Officer certificate under seal attached or annexed to the will (§ 633.279(2)(a)) |
Presence may be physical/electronic in real time; remote originals may be counterparts aggregated into the will. Foreign execution may qualify under § 633.283; no automatic foreign self-proof rule |
Constitutes proof of due execution required by § 633.293 and permits admission without witness testimony (§ 633.279(2)(b)); no conclusive/no-contest effect stated |
Oral/written testimony of 1+ subscribing witnesses; if all unavailable, 2 disinterested handwriting witnesses or other sufficient execution evidence (§§ 633.295, 633.297) |
| Kansas verified 2026-08-01 | Self-proved wills, codicils, and spouse consents under K.S.A. § 59-606; probate proof/fallback in § 59-2224 |
Testator acknowledges/signs; both attesting witnesses swear/sign. Same method covers a codicil or spouse's consent (§ 59-606) |
At execution or later only during lifetimes of testator and witnesses. Execution-time form can replace separate witness signatures/attestation (§ 59-606) |
Officer authorized both to take deed acknowledgments and administer oaths; officer certificate with official seal (§ 59-606) |
Substantial statutory form: willing/free act, declaration, witness request/presence/hearing, rights of majority, sound mind, no restraint (§ 59-606) |
Officer's sealed certificate attached or annexed to the will; form identifies annexed or foregoing instrument (§ 59-606) |
No electronic/remote self-proof route stated. Foreign written subscribed will may qualify under § 59-609, but no automatic foreign-self-proof rule |
Uncontested: shall be admitted without any subscribing-witness testimony. Contestable and otherwise treated no differently (§ 59-606) |
2 subscribing witnesses in person/by affidavit/deposition; court may waive if unavailable/unlocatable and use other capacity/execution/handwriting proof (§ 59-2224) |
| Kentucky verified 2026-08-01 | Paper: one-step and later self-proof under KRS 394.225. Electronic: execution-time route under KRS 394.710, applicable to decedents dying on/after July 15, 2026 (§ 394.715) |
Paper and electronic forms: testator acknowledges/signs; both attesting witnesses swear/sign. No attorney-only or post-death substitute (§§ 394.225, 394.710) |
Paper: simultaneously at execution or 'at any time subsequent.' Electronic: only simultaneously executed, attested, and self-proved (§§ 394.225(1)–(2), 394.710(1)) |
Paper: Kentucky-authorized oath officer and certificate; § 394.225 states no special seal. E-will: execution-state notary or qualifying online notary; official seal required (§§ 394.225, 394.710) |
Paper: substantially statutory willing-signature/free-act, presence, age 18+, sound-mind, no-constraint form. E-will: form substantially similar to § 394.225(1)–(2) (§§ 394.225, 394.710(2)(c)) |
Later paper certificate attached or annexed. E-will certificate under seal affixed/logically associated; affidavit signature counts as e-will signature; certified paper copy includes affidavits (§§ 394.225(2), 394.710(2)–(3), 394.712) |
E-will permits electronic presence; online notary used when fewer than 2 witnesses share testator's location and must be in KY. Foreign-executed e-will may qualify under jurisdiction law; no blanket foreign paper self-proof rule (§§ 394.704, 394.710; 423.355) |
Self-proved will admitted without testimony of any subscribing witness but otherwise treated no differently. Section states no fraud/forgery carveout or no-contest effect (§ 394.225(4)) |
Witnessed paper will may be proved by 1 subscribing witness regardless of other witnesses' availability/competency if testator acknowledged/subscribed before 2 witnesses at same time (§ 394.210(3)) |
| Louisiana verified 2026-08-01 | Notarial testament may avoid proof under La. C.C.P. arts. 2887(A), 2891; validity form in Civ. Code art. 1576. Olographic testament instead requires handwriting proof under art. 2883 |
Testator (or directed signer) signs every separate page at execution; original notary and both subscribing witnesses sign integrated declaration or later attached affidavit. Testator does not sign later affidavit (art. 2887(A)) |
Declaration may be in testament at execution, or affidavit may be executed after testament execution; statute states no pre-death cutoff and later affidavit uses notary/witness signatures, not testator's (art. 2887(A)(1)) |
Original notary signs with both subscribing witnesses. Article 2887 prescribes no separate officer-certificate or seal block for the declaration/affidavit; notary was required for testament execution (Civ. Code art. 1576) |
Exact or substantially similar declaration: in their presence testator declared/signified instrument is the testament and signed each separate page; modify for directed signer (art. 2887(A)) |
Integrated declaration may be in testament; later affidavit must be attached. Testament must have been signed on every separate page at execution for either route (art. 2887(A)) |
No electronic/remote self-proof route stated; notarial testament executes before notary in presence of 2 witnesses. Foreign testament requires evidence demanded by place-of-making/domicile law, not automatic self-proof (Civ. Code art. 1576; C.C.P. art. 2888) |
Qualifying notarial testament need not be proved; on production court orders it filed/executed and order has effect of probate. Statutes do not make it immune from judicial attack (arts. 2887(A), 2891) |
Nonqualifying notarial testament: notary + 1 witness or both witnesses; reduced/handwriting routes if unavailable, with post-death affidavits unless court requires oral proof. Olographic: 2 handwriting witnesses (arts. 2883, 2887(B)) |
| Maine verified 2026-08-01 | Two routes under 18-C M.R.S. § 2-503: simultaneous execution/attestation/self-proof, or later self-proof of an already attested will; probate effect in § 3-406 |
Testator acknowledges, swears, and signs; both witnesses make affidavits, swear, and sign; officer certifies all three (§ 2-503(1)-(2)) |
At execution under § 2-503(1), or 'at any time subsequent to its execution' under § 2-503(2); later route still requires the testator and both witnesses |
Officer authorized to administer oaths under the law of the state where execution or later acknowledgment occurs; signed certificate and official-capacity line required, with no express seal line (§ 2-503) |
Substantial statutory form: willing/free signing or directed signing; age 18+ or legally emancipated minor; sound mind; no constraint/undue influence; witnesses signed in testator's presence and hearing (§ 2-503) |
Later officer certificate must be attached or annexed to the will. A signature on an attached self-proving affidavit can count as a will signature when due execution needs proof (§ 2-503(2)-(3)) |
Section 2-503 creates no separate electronic, remote, or foreign self-proof rule. Officer authority follows the law where the ceremony occurs; § 2-505 validates some out-of-state execution but does not itself confer self-proof |
In a contested execution case, filing the will and attached/annexed acknowledgment and affidavits satisfies execution without witness testimony unless fraud or forgery affects them (§ 3-406(1)) |
Contested case: one available Maine witness, or other evidence including a witness affidavit; signed attestation clause creates a rebuttable presumption (§ 3-406(2)). Informal probate has additional proof routes (§ 3-303(3)) |
| Maryland verified 2026-08-01 | No classic paper affidavit. Administrative probate uses a witness recital in the will or a personal-knowledge verified statement (ET § 5-303); supervised electronic/remote wills have an affidavit form in § 4-102(c)(5)(iii) |
Paper recital: attesting witnesses sign the will; no extra testator affidavit. Missing recital: any person with personal knowledge verifies. Supervised e/remote route: testator and witnesses sign before notary or supervising attorney (§§ 4-102(c), 5-303) |
Witness recital is part of the executed will; a verified statement may be supplied at administrative probate after death. Electronic/remote affidavit or certification is part of creating the certified will (§§ 4-102(c)–(e), 5-303) |
Paper recital requires no officer or seal; § 5-303 does not name an officer for the verified statement. Supervised e/remote route: notary under seal or supervising attorney; alternate route uses a nonwitness notary (§ 4-102(c)(5)(iii), (d)(3)(ii)) |
Paper: no form, but witness recital must state facts constituting due execution. Supervised e/remote form is substantial-compliance and recites will identity, sound mind, willing/free signing, witness signing, age 18+, and no constraint/undue influence (§§ 4-102(c), 5-303) |
Paper recital is contained in the will; § 5-303 states no attachment rule for the later verified statement. E/remote affidavits attach or annex to a certified will containing a true paper version and certifications (§ 4-102(c)–(e)) |
E/remote wills use physical/electronic presence, Maryland testator location/residence, U.S.-located remote witnesses, counterparts, and a certified paper original (§ 4-102(c)–(e)). A will signed outside Maryland may use domicile/place law (§ 4-104), but no foreign-self-proof rule is stated |
Administrative probate: register 'shall assume due execution' from a qualifying recital or verified statement (§ 5-303). Judicial probate: court examines will witnesses unless it orders otherwise (§ 5-404(b)) |
No recital: verified statement from any person with personal knowledge, even a nonwitness (§ 5-303(2)). Judicial probate proceeds by court examination of the will's witnesses unless otherwise ordered (§ 5-404(b)) |
| Massachusetts verified 2026-08-01 | Available under G.L. c. 190B, § 2-504: simultaneous self-proof or a later attached/annexed affidavit |
Testator acknowledges, signs, and is sworn; both witnesses sign and swear to the execution facts (§ 2-504) |
At execution, or 'at any time after' execution while the testator and both witnesses can complete the later form (§ 2-504(a)-(b)) |
Oath officer authorized by the state where execution or later acknowledgment occurs; officer's certificate and official seal required (§ 2-504) |
Forms followed 'substantially': willing and voluntary execution, age 18+, sound mind, no constraint/undue influence, and witnesses signing in the testator's presence and hearing (§ 2-504) |
Later certificate must be attached or annexed; an attached affidavit signature can count as a will signature if due execution needs proof (§ 2-504(b)-(c)) |
The self-proof statute supplies no electronic-record route; remote notarization of a will or codicil is barred (§ 222-28(c)). An out-of-state oath officer is allowed under § 2-504 |
Contested case: signature and other execution requirements are rebuttably presumed without witness testimony; fraud or forgery affecting the acknowledgment or affidavit defeats that treatment (§ 3-406(b)) |
Informal probate may use a sufficient attestation clause or apparent proper execution (§ 3-303(c)); contested proof uses 1 available in-state witness when necessary or other evidence (§ 3-406(a)) |
| Michigan verified 2026-08-09 | Available under MCL 700.2504: simultaneous will self-proof, later self-proof, combined codicil/original-will self-proof, and an unsworn declaration alternative |
Testator acknowledges/signs; 2 witnesses sign and swear. Under § 2504(5), all 3 instead sign a dated declaration under penalty of perjury |
At execution; any time after execution while the testator and witnesses can participate; or when executing a codicil that also self-proves the original will (§ 2504(1)-(3)) |
Sworn route: oath officer authorized where execution or later acknowledgment occurs, certificate, and official seal. Unsworn § 2504(5) route needs no officer or seal |
Forms followed 'substantially': willing/voluntary execution, age 18+, no constraint/undue influence, sufficient mental capacity, and witness presence. Unsworn statement may incorporate an attestation clause and must begin with Michigan penalty-of-perjury language (§ 2504) |
Later sealed certificate must be attached or annexed; an attached self-proof signature can count as a will signature if needed to prove due execution (§ 2504(2), (4)) |
Legacy audiovisual execution applied only 4/30/2020-6/30/2021 (§ 1202). Out-of-state oath officers are allowed; no separate foreign-self-proof carryover rule. HB 5701 would authorize electronic wills and certified paper copies with self-proof affidavits |
Contested case: signature compliance conclusively presumed; other execution requirements rebuttably presumed without witnesses, unless fraud or forgery affects the acknowledgment/statement (§ 3406(2)) |
Informal probate may use a sufficient attestation clause, assumed execution, or a knowledgeable person's sworn statement (§ 3303(3)); contested proof uses at least 1 available in-state witness when necessary or other evidence (§ 3406(1)) |
| Minnesota verified 2026-08-01 | One-step and later self-proof under Minn. Stat. § 524.2-504; applies to wills including electronic wills. Probate effect and fallback in §§ 524.3-303, 524.3-406 |
Testator acknowledges and swears/signs; the 2 witnesses in the statutory forms swear/sign. No attorney-only or post-death substitute appears (§ 524.2-504) |
Contemporaneously with execution and attestation, or an attested will may be made self-proved 'at any time after' execution (§ 524.2-504(a)–(b)) |
Oath officer under law of state where execution occurs (one-step) or acknowledgment occurs (later); certificate under official seal. MN remote online notary must be in MN (§§ 524.2-504, 358.645) |
Substantially statutory form: will identity, willing signature/direction, free voluntary act, witness signing in testator's presence and hearing, age 18+, sound mind, no constraint/undue influence (§ 524.2-504) |
Later affidavit/certificate attached or annexed; affidavit signature can count as will signature. Certified paper copy of self-proved e-will must include affidavits (§§ 524.2-504(b)–(c), 524.2-518) |
Electronic wills/signatures and audiovisual presence recognized; compliant MN remote-online notarization satisfies notary-presence law. Officer authority may come from another state; no blanket foreign-self-proof rule stated (§§ 524.1-201, 524.2-504, 358.645) |
Contested case: signatures conclusively presumed compliant; other execution requirements rebuttably presumed, without witness testimony. Fraud/forgery affecting acknowledgment or affidavit defeats shortcut (§ 524.3-406(b)) |
Informal: qualifying attestation clause needs no further proof; otherwise registrar may assume execution or accept any knowledgeable person's sworn statement. Contested: 1 available in-state witness if needed, or other evidence/affidavit (§§ 524.3-303(c), 524.3-406(a)) |
| Mississippi verified 2026-08-01 | Subscribing-witness affidavits under Miss. Code Ann. §§ 91-7-7 and 91-7-9; absent/nonresident witness route in § 91-7-11 |
Any subscribing witness may swear; testator does not join. At least 1 witness proves due execution, so 1 qualifying affidavit can suffice (§§ 91-7-7, -9) |
May sign at execution; later probate-stage affidavit also available, including for a nonresident witness when uncontested (§§ 91-7-7, -9, -11) |
In-state: oath-competent Mississippi officer who certifies. Nonresident: competent oath officer where witness is found. No express seal mandate (§§ 91-7-9, -11) |
No statutory form. Prove due execution and state each subscribing witness's address; no exact/substantial-form rule (§ 91-7-7) |
Affidavits may be annexed to or made part of the will. No loose-page/logical-association/electronic rule stated (§ 91-7-7) |
Nonresident witness may affidavit before local oath officer if uncontested. No e-will, remote-affidavit, or blanket foreign-self-proof rule stated (§§ 91-5-1, 91-7-11) |
Uncontested: certified affidavit must be received instead of affiant's attendance. Proves due execution; contest removes the express attendance substitute (§§ 91-7-7, -9) |
1 living competent subscribing witness; if none producible, handwriting proof. Absent witness may be deposed by commission using original/certified photostatic copy (§§ 91-7-7, -11) |
| Missouri verified 2026-08-01 | Available for wills and codicils under Mo. Rev. Stat. §§ 472.010(30), 474.337; electronic-will route at § 474.550, effective for decedents dying on/after 8/28/2025 (§ 474.564) |
Testator and both witnesses appear together and are sworn; the officer signs the certificate. The § 474.337 form has no separate affiant-signature lines |
At execution or any subsequent date for paper and electronic wills; no elapsed-time cutoff, but no post-death substitute for the testator's appearance (§§ 474.337.1, 474.550) |
Paper: Missouri-law oath officer and official seal, or no-seal authority statement. Remote e-will: authorized remote online notary, registered e-signature and e-seal (§§ 474.337, 474.550, 486.1165) |
Substantially statutory form: last-will execution, willing signature or direction, free act, each witness's will signature in testator's presence/hearing, and testator age 18+, sound mind, no constraint/undue influence (§§ 474.337, 474.550) |
Officer's certificate under official seal attached or annexed to the paper will; electronic routes use the attached-or-foregoing instrument certificate form (§§ 474.337, 474.550) |
E-will may use § 474.337 or a remote notary authorized under any state or U.S. law if fewer than 2 witnesses are physically with testator. No separate foreign-self-proof recognition is stated (§§ 474.548.3, 474.550) |
Ordinary rule requires examination of 2 subscribing witnesses; § 473.053.1 says it does not affect probate of a self-proved will. No conclusive presumption or contest bar is stated |
Examine at least 2 available subscribing witnesses. If either/both are dead, incapable, or whereabouts unknown, use any available witness plus handwriting or other competent evidence (§ 473.053) |
| Montana verified 2026-08-01 | Two routes under MCA § 72-2-524: simultaneous execution/attestation/self-proof, or later self-proof of an already attested will; contested-case effect in § 72-3-321 |
Testator acknowledges, swears, and signs; both witnesses make affidavits, swear, and sign; officer certifies all three under official seal (§ 72-2-524) |
At execution under § 72-2-524(1), or 'at any time after its execution' under subsection (2); later route still requires the testator and both witnesses |
Officer authorized to administer oaths under the law of the state where execution or later acknowledgment occurs; signed certificate, official capacity, and official seal required (§ 72-2-524) |
Substantial statutory form: willing/free signing or directed signing; age 18+; sound mind; no constraint/undue influence; witnesses sign in testator's presence and hearing (§ 72-2-524) |
Later officer certificate must be attached or annexed. A signature on an attached self-proving affidavit can count as a will signature when due execution needs proof (§ 72-2-524(2)-(3)) |
Section 72-2-524 creates no separate electronic or remote self-proof rule. Officer authority follows the law of the state where execution or later acknowledgment occurs; no separate foreign-self-proof recognition appears in this section |
In a contested execution case, filing the will and attached/annexed acknowledgment and affidavits satisfies execution without witness testimony unless fraud or forgery affects them (§ 72-3-321(1)) |
One available Montana attesting witness ordinarily testifies; other evidence may prove execution, including a witness affidavit. A signed attestation clause creates a rebuttable presumption (§ 72-3-321(2)) |
| Nebraska verified 2026-08-01 | Simultaneous and later self-proof under Neb. Rev. Stat. § 30-2329; probate effect and ordinary proof in §§ 30-2429 and -2430 |
Testator acknowledges/signs; both attesting witnesses swear/sign. No witness-only or post-death substitute (§ 30-2329) |
Simultaneously with execution or 'at any time subsequent' to execution; later route still requires testator and both witnesses (§ 30-2329(1)–(2)) |
Oath officer authorized under Nebraska or execution-state law; officer certificate under official seal (§ 30-2329) |
Substantial statutory form: will declaration, willing/free act, proxy if any, witness presence/hearing, age, sound mind, no constraint/undue influence (§ 30-2329) |
Later certificate attached/annexed; contested presumption requires will and acknowledgment/affidavits filed together as annexed/attached (§§ 30-2329(2), 30-2430(b)) |
No will-specific electronic, remote, or foreign-self-proof rule stated; oath officer authority may come from Nebraska or the execution state (§ 30-2329) |
Contested case: signatures conclusively presumed; other execution requirements rebuttably presumed without witness testimony; fraud/forgery exception (§ 30-2430(b)) |
Unopposed case may proceed on pleadings; if proof needed, 1 witness affidavit/testimony or other evidence if unavailable. Contested: 1 available in-state witness, otherwise other evidence (§§ 30-2429, -2430(a)) |
| Nevada verified 2026-08-01 | Witness-only self-proof under NRS 133.050 and post-death affidavit route under §§ 136.150–.160; e-will conditions in § 133.086 |
Any attesting witness may declare or swear; testator does not have to join. Any/all witnesses may sign after death at executor/interested-person request (§§ 133.050, 136.160) |
At execution or later; expressly available after death at executor/interested-person request. Same-time affidavit signature may also count on the will (§§ 133.055, 136.160) |
Penalty-of-perjury declaration needs no oath officer; affidavit may be before any oath-authorized person in or outside Nevada. No seal mandate stated (§ 133.050) |
Facts the witness would give in court; substantial forms cover witnessing, testator subscription/declaration, witness presence/request, full age, and sound mind/memory (§ 133.050) |
On the will, or attached paper if writing on it is impracticable; e-record incorporated, attached, or logically associated. Same-time attached signature spillover (§§ 133.050, 133.055) |
Audio-video appearance permitted with form notation. Self-proving e-will also needs designated qualified custodian and continuous custody; electronic/remote acts and Nevada nexus rules apply (§§ 133.050, .086, .088) |
Accepted as if witness testified; filed affidavit has same force as oral testimony. Uncontested probate may use 1 witness; e-will gets expeditious admission only absent objection (§§ 136.130, .150, .185) |
Uncontested: testimony of 1 subscribing witness. If witnesses unavailable: 2 credible disinterested persons, or other sufficient signature proof; court may demand more (§§ 136.150, .170) |
| New Hampshire verified 2026-08-01 | Yes—ordinary wills under RSA 551:2-a and 552:5-b; compliant international wills are separately self-proved under RSA 551-A:10 |
Testator acknowledges; both witnesses swear to the four statutory facts. Their will signatures are followed by the acknowledgment; the officer signs and states official capacity (§ 551:2-a) |
No express later or post-death procedure. Section 551:2-a requires the will signatures to be followed by the sworn acknowledgment before an officer in the place of execution |
Notary public, justice of the peace, or other official authorized to administer oaths in the place of execution; form requires officer signature and official capacity but states no seal requirement (§ 551:2-a) |
Statutory form says testator signed/directed signing freely; each witness signed at the testator's request and in both others' presence; age/married-minor, sane-mind, no-constraint/undue-influence recital. Form says 'as follows,' not 'substantially' (§ 551:2-a) |
The testator's and witnesses' will signatures 'shall be followed by' the sworn acknowledgment. The statute states no separate detached-affidavit or annexation route (§ 551:2-a) |
No electronic will (§ 551:2, III(b)). Attorney-supervised audio-video execution is allowed, but § 551:2-a states no remote-affidavit route. A will self-proved where executed is self-proved in NH (§ 551:5, II); international wills also qualify |
Probate court must allow a qualifying will as self-proved (§ 552:5-b), but an interested party may seek solemn-form review within 6 months on execution, capacity, fraud, duress, or undue influence (§ 552:7) |
Uncontested will: one subscribing witness, or assent of the listed interested persons without a witness (§ 552:6). If witnesses are incompetent or unavailable, other satisfactory evidence may prove it (§ 552:12) |
| New Jersey verified 2026-08-09 | Available at execution under N.J.S.A. 3B:3-4 and after execution under § 3B:3-5 |
Testator signs, acknowledges, and is sworn; 2 witnesses sign and swear affidavits (§§ 3B:3-4, -5) |
Simultaneously with execution, or 'at any time subsequent' while the testator and witnesses can participate; no post-death substitute signer (§§ 3B:3-4, -5) |
NJ attorney, notary, clerk/deputy, register/deputy, surrogate/deputy, or qualifying U.S./foreign officer. Certificate signed with official capacity; no blanket seal requirement (R.S. 46:14-2.1(d), -6.1) |
Substantially statutory form: willing execution or directed signer, free and voluntary act, age 18+, sound mind, no constraint/undue influence, and each witness signing in the testator's presence and hearing (§§ 3B:3-4, -5) |
Later affidavit must be attached or annexed to the will; the simultaneous statute supplies an integrated execution/self-proof form (§§ 3B:3-4, -5) |
No current electronic-will route; UETA excludes will/codicil creation. Permanent remote-notary law applies only tangible-record subsections e-h to wills, not remote-oath subsection i. Out-of-state officers allowed; S1336/A3229 would add electronic self-proof |
Surrogate may admit a § 3B:3-4 or -5 will without further affidavit, deposition, or proof; the section states no conclusive or contest-proof effect (§ 3B:3-19) |
Proof of 1 attesting witness, or another individual with knowledge of proper execution and attestation by 1 witness (§ 3B:3-19) |
| New Mexico verified 2026-08-01 | Simultaneous and later self-proof under NMSA 1978 § 45-2-504; probate effect/fallback in §§ 45-3-405 and -406 |
Testator acknowledges/signs; both witnesses affidavit or affirm under penalty/sign. No witness-only or post-death substitute (§ 45-2-504) |
Simultaneously with execution or 'at any time after' execution; later route still requires testator and both witnesses (§ 45-2-504(A)–(B)) |
Execution-time: oath officer under execution-state law; later: oath officer under acknowledgment-state law. Official-seal certificate (§ 45-2-504) |
Substantial statutory form: request/declaration, mutual presence, read/explained, accurate wishes, willing/free act, 18+, capacity, no duress/menace/fraud/undue influence (§ 45-2-504) |
Later sealed certificate attached/annexed; form identifies attached will. Attached affidavit signatures may count on will if needed (§ 45-2-504(B)–(C)) |
No electronic/remote self-proof route stated. Foreign written will may be valid under § 45-2-506, but no blanket foreign-self-proof rule |
Signature compliance conclusive; other execution requirements rebuttably presumed without witness testimony; fraud/forgery affecting acknowledgment/affidavit defeats presumption (§§ 45-3-405, -406) |
If execution evidence is needed, 1 in-state competent attesting witness affidavit/testimony; otherwise other evidence. Same core route in contested cases (§§ 45-3-405(B), -406(A)) |
| New York verified 2026-08-09 | Yes. SCPA §§ 1406 and 1408 let an attesting witness prove an ordinary paper will by an out-of-court affidavit that the Surrogate's Court may accept as in-court testimony; this is not a UPC-style affidavit signed by the testator |
Any or all attesting witnesses may make the affidavit—one or both, as the proof requires. The testator is only the lifetime requester and does not sign or swear under current § 1406; after death the executor, proponent, proponent's attorney, or any interested person may request it |
During the testator's life at the testator's request, including at execution or later; after death at a statutorily authorized requester's request (§ 1406(1)) |
Any officer authorized to administer oaths. Section 1406 prescribes no special seal, certificate, or officer-capacity block; New York's separate electronic-notary law authorizes qualified notaries to perform electronic notarial acts by audio-video technology (§ 135-c) |
No statutory model form or 'substantial compliance' wording. The witness must state facts that, if uncontradicted, establish the will's genuineness, valid execution, and the testator's competence and freedom from restraint (§ 1406(1)) |
Section 1406 does not require the affidavit to be attached, annexed, endorsed on, or written into the will. After death, showing the witness a court-certified photographic reproduction is legally equivalent to showing the original (§ 1406(2)) |
Current § 1406 has no electronic-will or foreign-self-proof safe harbor and does not limit its oath officer to New York. General electronic notarization exists under Executive Law § 135-c. Enacted EPTL § 3-6.8 will add a separate electronic-will route—testator acknowledgment, witness affidavits, physical/electronic presence, official seal, and logical association—but not until Dec. 12, 2027 |
The sworn witness statement is accepted as though taken before the court, unless a party entitled to process objects or the court requires live examination. It supplies evidence of genuineness, execution, competence, and no restraint, but is not conclusive: § 1408 still requires the court to inquire and be satisfied |
The will is not invalid. Ordinarily at least two attesting witnesses are produced and examined if available (§ 1404(1)); the court may dispense with unavailable testimony and, when all witnesses are unavailable, use handwriting plus other sufficient facts (§ 1405) |
| North Carolina verified 2026-08-01 | Available for an attested will: simultaneous self-proof under N.C. Gen. Stat. § 31-11.6(a), or later self-proof under § 31-11.6(b) |
Testator acknowledges and is sworn; the attesting witnesses give sworn affidavits. The forms contain separate testator and witness signatures (§ 31-11.6(a)-(b)) |
At execution, or 'at any time subsequent' for an attested written will while the testator and witnesses can personally participate; no post-death substitute signer (§ 31-11.6(a)-(b)) |
Simultaneous route: officer authorized where execution occurs. Later route: officer authorized under North Carolina law. Certificate and official seal required (§ 31-11.6(a)-(b)) |
Simultaneous form may be similar if it shows the same intent; later form/content must be substantial. Recitals cover willing execution, presence/hearing, age, sound mind, and freedom from constraint or undue influence (§ 31-11.6(a)-(b)) |
Later officer certificate must be attached or annexed to the will; the simultaneous statute supplies an integrated execution/self-proof form but no separate attachment phrase (§ 31-11.6(a)-(b)) |
Remote notarization generally barred, with a narrow overseas-military exception. Attorney electronic storage preserves a certified-paper-copy probate route. Qualifying foreign and military self-proof recognized (§§ 10B-134.1, 10B-134.3, 31-11.6(d)-(e), 31-72, 31-73) |
Self-proof is an express probate route for the original or qualifying certified paper copy; witness statements count as if taken before the court. No conclusive or no-contest effect is stated (§ 31-11.6(c); § 28A-2A-8(a)(4), (a1)(4)) |
Two witnesses; one witness plus handwriting/circumstantial proof; no witnesses plus handwriting/circumstantial proof; or other competent testimony if the listed evidence is unavoidably lacking (§ 28A-2A-8) |
| North Dakota verified 2026-08-01 | Paper witnessed will: execution-time or later self-proof under N.D.C.C. § 30.1-08-04. Electronic will: execution-time-only self-proof under § 30.1-37-06. Probate effect in § 30.1-15-06 |
Paper/electronic self-proof requires the testator plus both witnesses to swear and sign; officer certifies all three. A notary-only executed will is valid but is not this self-proof route |
Paper witnessed will: simultaneously or at any later time (§ 30.1-08-04). Electronic will: only simultaneously executed, attested, and self-proved (§ 30.1-37-06) |
Officer authorized to administer oaths under law of the execution or later-acknowledgment state; certificate and official seal required for paper and electronic routes |
Substantial forms: willing/free personal or directed signing; age 18+; sound mind; no constraint/undue influence; witnesses sign in testator's presence and hearing (§§ 30.1-08-04, 30.1-37-06) |
Paper certificate attached or annexed; affidavit signature can count as will signature. Electronic certificate affixed/logically associated, and physical/electronic affidavit signature counts as electronic-will signature |
Electronic self-proof expressly allowed only at execution, with official-seal certificate affixed/logically associated (§ 30.1-37-06). No separate remote or foreign self-proof rule in the cited sections |
Self-proved will complies with execution without witness testimony unless fraud/forgery affects acknowledgment or affidavit (§ 30.1-15-06(1)); rule expressly cites paper § 30.1-08-04 |
Notarized will: rebuttable execution presumption. Witnessed will: one available in-state witness, or other evidence including witness affidavit; signed attestation clause is rebuttable proof (§ 30.1-15-06(2)-(3)) |
| Ohio verified 2026-08-01 | No statutory self-proving affidavit. Ohio Rev. Code §§ 2107.16 and 2107.18 instead govern probate proof from the will's face, witness testimony, or satisfactory substitute proof |
No affidavit signers. The two execution witnesses subscribe the will under § 2107.03; they testify only if the probate court requires testimony under § 2107.18 |
No affidavit timing. The proof question arises when the will is offered for probate (§§ 2107.16, 2107.18) |
Not applicable—Ohio creates no self-proof oath, authorized-officer certificate, notarial act, or seal requirement |
No self-proving form or affidavit recitals. The court asks whether lawful execution appears from the will's face or, in its discretion, from witness testimony (§ 2107.18) |
Not applicable—there is no statutory affidavit to attach, annex, endorse, or logically associate with the will |
No local electronic/remote self-proof; § 2107.03 excludes distant communication from 'conscious presence.' Section 2107.18 may admit a will under the execution law where the testator was physically present, Ohio law at death, or domicile law at death |
No affidavit effect. The court admits from the will's face if compliance appears; it may instead require witness testimony. A prior validity judgment also requires admission if the will was not revoked (§ 2107.18) |
Ordinary route: face of the will or court-required witness testimony (§ 2107.18). If a witness is missing, later incompetent, or unavailable within a reasonable time, satisfactory other proof may be used (§ 2107.16) |
| Oklahoma verified 2026-08-01 | Paper will/codicil: officer-affidavit or penalty-of-perjury declaration under 84 O.S. § 55(5). E-will: separate § 907 route. Holographic/nuncupative will itself excluded |
Testator acknowledges/declares; both attesting witnesses swear or declare and sign. Same signer set for electronic self-proof (§§ 55(5), 907) |
Paper: at execution or later during lifetimes of testator and witnesses. E-will: simultaneous execution, attestation, and self-proof only (§§ 55(5), 907(A)) |
Paper route (a): deed-acknowledgment/oath officer + certificate and official seal; route (b): no officer. E-will: execution-state or Oklahoma remote-online officer + official seal (§§ 55(5), 907(B)) |
Substantial statutory form: will/codicil identity, willing/free act, witness request and presence, age 18+, sound mind; e-will adds location and no constraint/undue influence (§§ 55(5), 907(C)) |
Paper officer certificate attached/annexed to testamentary instrument. E-will certificate affixed/logically associated; certified paper copy includes affidavits (§§ 55(5), 907(B), 908) |
E-will may use physical/electronic presence and Oklahoma remote online notarization; execution-state oath officer allowed. No blanket foreign paper self-proof rule stated (§ 907) |
Admitted without subscribing-witness testimony unless contested; otherwise treated no differently and remains contestable, revocable, and amendable by codicil (§ 55(7)) |
If uncontested, court may use testimony or a post-filing affidavit of 1 subscribing witness proving all execution particulars and sound mind (58 O.S. § 30) |
| Oregon verified 2026-08-01 | Witness-affidavit substitute for live probate testimony under ORS 113.055; no classic testator-plus-witness self-proved status |
An attesting witness gives the affidavit; § 113.055 does not require the testator or both witnesses to join |
At execution or afterward; the statute states no testator-lifetime cutoff (§ 113.055(1)) |
Section 113.055 requires an affidavit but names no particular officer, certificate, or seal |
No statutory form; evidence concerns execution and may identify the testator's and witnesses' signatures (§ 113.055(1)) |
Attach the affidavit to the will or to a photographic or other facsimile copy (§ 113.055(1)) |
Oregon wills cannot be electronic; some foreign-executed wills qualify under governing-place law, but no automatic foreign-affidavit rule is stated (§§ 112.235(4), 112.255) |
Same weight as the witness's live testimony on ex parte review; court may compel appearance/deposition on a timely motion; contest uses ordinary nonjury proof (§ 113.055) |
Use an attesting witness's personal testimony; if no witness evidence is available, prove the testator's or at least 1 witness's signature genuine (§ 113.055(1), (3)) |
| Pennsylvania verified 2026-08-09 | Yes. 20 Pa.C.S. § 3132.1 makes an attested will self-proved; Pennsylvania otherwise permits an ordinary will with no attesting witnesses, so self-proof requires adding witnesses that validity alone does not (§§ 2502, 3132) |
The testator acknowledges; the attesting witnesses swear. Section 3132 requires two competent proof witnesses, while § 3132.1's singular/plural form and separate-affidavit rule allow each witness to swear separately. The attorney route changes the taker/certification chain, not the testator-and-witness signer set |
At execution or any subsequent date. The testator's acknowledgment necessarily occurs during life; a witness whose affidavit is not taken at the same time may use a separate affidavit, with no separate statutory deadline stated (§ 3132.1(b)) |
Officer authorized to administer oaths under Pennsylvania law or the law of the state where execution occurs; official seal and officer certificate required. Alternative: qualifying attorney takes the acknowledgment/affidavit, then certifies that fact to an oath-authorized officer, whose sealed certificate completes the route (§ 3132.1(b)-(c)) |
Substantial compliance with the UPC form or Pennsylvania's form. Testator: attached/foregoing instrument is the Last Will, signed willingly as a free and voluntary act. Witnesses: saw execution, testator acted willingly/free, each witness signed in testator's hearing and sight, and testator was 18+, sound, unconstrained, and free of undue influence (§ 3132.1(b)) |
The officer's certificate under official seal must be attached or annexed to the will. Separate affidavits are expressly allowed for witnesses sworn at different times (§ 3132.1(b)) |
Current self-proof is for a paper attested will, but Pennsylvania remote-notary law lets a remotely located individual appear by communication technology if § 306.1's safeguards are met and the certificate says technology was used. Section 3132.1 also accepts officers/attorneys of the state where execution occurs; SB 1138 would add electronic wills and logical association but is not law |
Absent a validity contest and excluding wills signed by mark or by another, the register accepts a conforming witness affidavit as proof of its stated facts as if sworn at probate (§ 3132.1(a)). A contest or mark/proxy signature defeats this shortcut; the affidavit does not cure invalid execution |
The will remains valid if § 2502 was met. Probate ordinarily requires two competent witnesses; subscribing witnesses are preferred for a testator-signed will, while a mark/proxy will normally must be proved by subscribing witnesses, with reasonable-diligence and other-proof fallbacks (§ 3132) |
| Rhode Island verified 2026-08-01 | Witness-affidavit proof route under R.I. Gen. Laws § 33-7-26, not the ordinary testator-plus-witnesses UPC form; works only in the absence of objection |
Any one or more subscribing witnesses swear and sign; the testator does not join. The officer takes the oath (§ 33-7-26(2)-(3)) |
Any time after execution of the will or codicil, expressly 'whether before or after the death of the testator' (§ 33-7-26(2)) |
Any officer authorized to administer oaths in or out of Rhode Island; statutory form uses a notary-public jurat but states no express seal requirement (§ 33-7-26) |
Facts the witness would give in court; substantial form covers testator/proxy signature, declaration, witnesses signing in testator's and each other's presence, apparent sound mind/age 18+, and genuine witness signatures (§ 33-7-26(2)-(3)) |
No express attached/annexed/endorsed requirement. The affidavit is 'to' the purported will or codicil and identifies its execution and signatures (§ 33-7-26(2)-(3)) |
No separate electronic or remote affidavit rule in § 33-7-26. The oath officer may act 'in or out of this state,' so the witness affidavit may be taken outside Rhode Island |
Absent objection, affidavit of any one or more subscribing witnesses is sufficient evidence of due execution and the court may admit the will. An interested person's objection defeats this simplified route (§ 33-7-26) |
Absent objection, oral testimony of any one subscribing witness is sufficient evidence of due execution (§ 33-7-26(1)); contested proof is outside this affidavit shortcut |
| South Carolina verified 2026-08-01 | Available under S.C. Code § 62-2-503: simultaneous or later self-proof. Separate witness-officer notarization route in § 62-2-503(c); probate effects in § 62-3-406 |
Self-proof: testator acknowledges/swears and at least 1 of the 2 will witnesses gives an affidavit. Both witnesses still sign the will; only 1 must swear (§ 62-2-503(a)–(b)) |
Simultaneously with execution and attestation, or an attested will may be made self-proved 'at any time subsequent' to execution (§ 62-2-503(a)–(b)) |
Officer authorized under law of state where execution occurs (one-step) or acknowledgment occurs (later); certificate under official seal. Witness-officer may notarize other witness (§ 62-2-503) |
Statutory form or similar form showing same intent: willing signature/direction, free voluntary act, witness presence/hearing, age or married/emancipated-minor status, sound mind, no constraint/undue influence (§ 62-2-503) |
Later officer certificate must be attached or annexed to will. One-step subsection has no separate attachment command; no affidavit-signature spillover rule stated (§ 62-2-503(a)–(b)) |
No electronic-will self-proof route in current Title 62; SC electronic-notary chapter expressly excludes wills/trusts. Out-of-state oath officer allowed; no blanket foreign-self-proof rule (§§ 26-2-200, 62-2-503, 62-2-505) |
Contested execution: filed self-proved will satisfies execution requirements subject to rebuttal, without witness testimony. Merely notarized § 62-2-503(c) will gets rebuttable execution presumption (§ 62-3-406(1)–(2)) |
Informal attestation clause may avoid further proof; uncontested formal case may use 1 witness's affidavit/testimony or other evidence. Contested: 1 available in-state witness, other evidence/affidavit, attestation-clause presumption (§§ 62-3-303(c), 62-3-405–406) |
| South Dakota verified 2026-08-01 | Two routes under SDCL § 29A-2-504: simultaneous execution/attestation/self-proof, or later self-proof of an attested will; contested-case effect in § 29A-3-406 |
Testator acknowledges, swears, and signs; both witnesses make affidavits, swear, and sign; officer certifies all three under official seal (§ 29A-2-504) |
At execution under § 29A-2-504(a), or 'at any time after its execution' under subsection (b); later route still requires testator and both witnesses |
Officer authorized to administer oaths under the law of the state where execution or later acknowledgment occurs; certificate, official capacity, and official seal required (§ 29A-2-504) |
Substantial statutory form: willing/free signing or directed signing; age 18+; sound mind; no constraint/undue influence; witnesses sign in testator's presence and hearing (§ 29A-2-504) |
Later certificate must be attached or annexed. A signature on an attached self-proving affidavit can count as a will signature when due execution needs proof (§ 29A-2-504(b)-(c)) |
Section 29A-2-504 creates no separate electronic, remote, or foreign self-proof rule. Officer authority follows the law of the state where execution or later acknowledgment occurs |
Signature compliance conclusively presumed; other execution requirements rebuttably presumed without witness testimony. Fraud/forgery affecting acknowledgment or affidavit defeats the shortcut (§ 29A-3-406(b)) |
In a contested case, one available in-state attesting witness ordinarily testifies; due execution of an attested or unattested will may also be proved by other evidence (§ 29A-3-406(a)) |
| Tennessee verified 2026-08-16 | Available under Tenn. Code Ann. § 32-2-110 as a witness affidavit accepted only for an uncontested will |
Any or all attesting witnesses sign and swear; the testator does not sign or acknowledge the affidavit (§ 32-2-110) |
At the testator's request during life, or after death at the executor's or any interested person's request (§ 32-2-110) |
Any officer authorized to administer oaths in or outside Tennessee; § 32-2-110 states no separate certificate or seal requirement |
No statutory form; the affidavit states the facts the witness would be required to testify to in court to prove the will (§ 32-2-110) |
Must be written on the will; a separate attached paper is allowed only if writing it on the will is impracticable (§ 32-2-110) |
No electronic or remote-affidavit route is stated; an out-of-state oath officer is allowed. Since 7/1/2026, a foreign will may also use its home proof route or §§ 32-2-104, -105, or -110 (§ 32-1-107(b)) |
Uncontested only: each qualifying sworn witness statement is accepted as though taken before the probate court. Section 32-2-110 creates no contested-case presumption or shortcut |
Uncontested attested will: at least 1 living subscribing witness. Contested will: all living witnesses if found plus other supporting proof; deposition/interrogatory proof may be allowed (§ 32-2-104) |
| Texas verified 2026-08-01 | Three routes in Tex. Est. Code ch. 251 subch. C: attached affidavit (§§ 251.101(1), .104); combined simultaneous execution/attestation/self-proof inside the will (§§ 251.101(2), .1045); testator-only affidavit for a wholly handwritten will (§ 251.107) |
Attached route: testator subscribes/acknowledges and both attesting witnesses subscribe/swear; safe-harbor form places all three before the officer. Combined route: all three are sworn. Holographic route: testator alone (§§ 251.104(d)-(e), .1045, .107) |
Attested will: at execution or later only during the lifetime of both testator and witnesses (§ 251.103). Combined route occurs at execution. Holographic affidavit: any time during testator's lifetime (§ 251.107) |
Officer authorized to administer oaths; official seal is mandatory for the attached affidavit, and the combined statutory form also includes a seal and officer-capacity block (§§ 251.104(b), .1045(a)) |
Substantial-compliance forms. Attached route covers will/free act, testator age or exception and sound mind, witness request/presence, and each witness age 14+. Combined form adds all-present-at-the-same-time and mutual-presence recitals (§§ 251.104(a), (d)-(e), .1045) |
Attached route must be attached or annexed; combined route is included in the will; holographic affidavit is attached/annexed. Affidavit signatures can prove missing will signatures, but then the will is not self-proved. A missing original's copy remains self-proved if it includes a compliant affidavit copy (§§ 251.104(c), .1045, .105, .107; 256.156(c)) |
No electronic-will or remote-self-proof route appears in the current Estates Code; chapter 251 uses an officer and attached/annexed or in-will forms. Texas recognizes self-proof under the law of the place of execution or the testator's domicile/residence, and § 256.152(c) supplies an alternate foreign-form safe harbor |
Admitted without subscribing-witness testimony, but otherwise treated no differently; may still be contested, revoked, or amended by codicil (§§ 251.102, .106). Signature spillover under § 251.105 saves proof of signing only by surrendering self-proved status |
Non-self-proved attested will: sworn testimony or affidavit of one or more subscribing witnesses in open court, with deposition/signature-handwriting fallbacks (§ 256.153). Non-self-proved holographic will: two handwriting witnesses (§ 256.154). Applicant also proves § 256.152(a)'s execution/capacity facts |
| Utah verified 2026-08-01 | Paper: simultaneous and later self-proof under Utah Code § 75-2-504. Electronic: execution-time route under § 75-2-1408 |
Testator acknowledges/signs; both attesting witnesses swear/sign. Officer may also be a will witness (§§ 75-2-504, 75-2-1408) |
Paper: simultaneously at execution or 'at any time after' execution, with testator and witnesses. E-will: simultaneous execution, attestation, and self-proof only (§§ 75-2-504, 75-2-1408) |
Paper: oath officer under execution-state or later acknowledgment-state law; official-seal certificate. E-will: execution-state oath officer; sealed certificate (§§ 75-2-504, 75-2-1408) |
Substantial statutory form: willing/free act, age 18+, sound mind, no constraint/undue influence, witness presence/hearing; e-form permits physical/electronic presence (§§ 75-2-504, 75-2-1408) |
Later paper certificate attached/annexed. E-will certificate and affidavits affixed/logically associated; certified paper copy includes affidavits (§§ 75-2-504, 75-2-1408, 75-2-1409) |
E-will form supports physical/electronic presence; officer authorized where execution occurs. Foreign-executed written will may be valid under § 75-2-506, but no blanket foreign-self-proof rule is stated |
Signature compliance conclusively presumed; other execution requirements rebuttably presumed without witness testimony; fraud/forgery affecting acknowledgment/affidavit defeats shortcut (§ 75-3-406(2)) |
Uncontested: 1 witness affidavit/testimony or other proof. Contested: 1 available in-state attesting witness if execution evidence needed; other evidence may prove due execution (§§ 75-3-405, 75-3-406(1)) |
| Vermont verified 2026-08-01 | Available under 14 V.S.A. § 108; the will is self-proved 'as to its execution.' Ordinary execution is separately governed by § 5 |
Testator and both witnesses make a sworn acknowledgment; § 108 does not authorize a substitute affiant after death |
No express at-execution, later-date, or post-death timing clause in § 108; the acknowledgment must establish the listed signing circumstances |
Notary public or other official authorized to administer oaths in the place of execution; § 108 states no official-seal or certificate requirement |
Four circumstances: personal/directed signing before two witnesses; free and voluntary act; each witness signed on request with mutual presence; age/emancipation, sound mind, no constraint/undue influence (§ 108). No sample or substantial-form clause |
Section 108 states no attached, annexed, endorsed, or logically-associated placement requirement |
Remote witness presence is conditional on § 5(b)'s Emergency Rules language and a § 108 self-proving will. No electronic-will or foreign-self-proof recognition rule; § 112 recognizes foreign execution only |
Self-proved 'as to its execution' (§ 108). The section states no conclusive presumption, contest bar, fraud/forgery exception, or broader capacity effect |
Self-proof is optional; § 5 separately states validity formalities. If subscribing witnesses are unavailable/incapable, § 110 allows disinterested handwriting testimony/affidavit or other sufficient handwriting proof, subject to more proof |
| Virginia verified 2026-08-01 | Two routes: testator acknowledgment plus witness affidavits (§ 64.2-452), or acknowledgments by testator and witnesses (§ 64.2-453); a qualifying codicil can self-prove the will |
§ 64.2-452: testator acknowledges and signs; both attesting witnesses sign affidavits. § 64.2-453: all 3 acknowledge their will signatures; the certificate form has no separate affiant signature lines |
At execution or 'at any subsequent date'; both routes still require the testator and attesting witnesses to appear, so there is no post-death substitute signer (§§ 64.2-452, -453) |
Oath-authorized Virginia or place-of-act officer, or listed U.S. foreign-service/consular officer; officer certificate required. § 64.2-452 expressly excuses a missing official seal |
Certificate substantially follows the statutory form: personal appearance and oath, willing/free execution, witness presence/request/mutual presence, age over 18, and sound and disposing mind (§§ 64.2-452, -453) |
Officer's certificate must be attached or annexed to the will; an expressly republishing self-proved codicil also self-proves the original will (§§ 64.2-452, -453) |
No electronic-will self-proof. Virginia RON is electronic-document notarization, while UETA excludes will execution and §§ 64.2-452/-453 require an attached or annexed certificate; no express paper/electronic hybrid route. Out-of-state and listed federal/consular officers qualify; authenticated foreign self-proof is recognized (§ 64.2-450) |
§ 64.2-452 witness affidavits are accepted as if given orally in court; § 64.2-453 makes the will self-proved. Neither prevents a statutory will challenge and jury determination (§ 64.2-448) |
The will remains governed by ordinary execution law; witnesses may testify, and a subscribing-witness deposition may prove it when the witness is out of state or unable to testify (§§ 64.2-403, -447, -449) |
| Washington verified 2026-08-09 | Witness-affidavit proof for ordinary, photographed, and electronic wills (RCW 11.20.020(2)); separate execution-time electronic-will self-proof with qualified custody (RCW 11.12.450) |
Ordinary route: any or all attesting witnesses; testator/executor/interested person only requests. Electronic self-proof: testator and both witnesses sign; qualified custodian maintains custody (§§ 11.20.020(2), 11.12.450) |
Ordinary affidavit at the testator's request or after death at the executor's/interested person's request. Electronic § 11.12.450 self-proof must be simultaneous with execution and attestation |
Ordinary affidavit before any oath-authorized person; a WA notary uses a certificate and official stamp on a tangible record. Electronic sworn route requires an oath officer and official seal; chapter 5.50 perjury route needs neither (§§ 11.20.020, 11.12.450, 42.45.130) |
Ordinary route has no form: witness states the facts required to prove the will in court. Electronic forms are substantial: willing/voluntary execution, age 18+, sound mind, no constraint/undue influence, and each witness signing in physical/electronic presence (§§ 11.20.020, 11.12.450) |
Ordinary affidavit may be on, affixed to, or logically associated with the will, a photographic copy, or an electronic will. Electronic affidavits must be affixed/logically associated; certified paper copy must include them (§§ 11.20.020, 11.12.450, .480) |
Electronic wills and remote witnessing/self-proof allowed. Current paper RON is not an express tangible-record oath route; enacted HB 2158 adds tangible-record and remote-oath procedures Jan. 1, 2027. Foreign probated wills use certified-copy/record route (§§ 11.12.450, 42.45.280, 11.20.090) |
Witness affidavit is accepted as if taken in court. Electronic self-proof depends on continuous qualified custody; otherwise the electronic will is treated as lost/destroyed. Probate remains contestable (§§ 11.20.020, 11.12.450, 11.24.010) |
Court hears ordinary proofs and records supporting testimony; commission may take a distant/sick witness, and handwriting or other circumstances may prove the will when witnesses cannot testify (§§ 11.20.020(1), .030, .040) |
| West Virginia verified 2026-08-01 | Witness-affidavit proof for any will (§ 41-5-15); separate probate-stage deposition or affidavit route (§ 41-5-14) |
Any or all attesting witnesses swear. The testator only requests and preserves the affidavits; § 41-5-15 requires no testator affidavit |
§ 41-5-15 route while the testator is living; § 41-5-14 permits an uncontested deposition or affidavit after the will is offered for probate |
Any officer authorized to administer oaths, in or out of West Virginia. Section 41-5-15 states no required official seal, notary title, or statutory certificate |
No statutory form. Witnesses state the facts they would have to testify to in court to establish and prove the will, including applicable § 41-1-3 execution facts |
Testator preserves affidavits 'with the will'; they must be produced and offered when the will is offered. No on-will, annexation, or logical-association wording (§ 41-5-15) |
No separate electronic or remote self-proof procedure in the cited provisions; an ordinary will must be in writing. The oath officer may act in or out of West Virginia (§§ 41-1-3, 41-5-15) |
Same probative value as if the affiant testified before the court or clerk; categorically inadmissible in a will contest (§ 41-5-15) |
Live testimony before the court or clerk, or a deposition. In an uncontested proceeding, the post-offer deposition may itself be an affidavit taken without notice (§§ 41-5-14, 41-5-15) |
| Wisconsin verified 2026-08-01 | Available under Wis. Stat. § 853.04 (one-step and two-step); remote-witnessing attorney affidavit under § 853.03(2)(c)12–14 also counts. Probate effects in §§ 856.15–.16 |
Ordinary routes: testator and both witnesses sign and swear. Remote route: supervising attorney alone signs and swears the compliance affidavit before a notarial officer (§§ 853.03(2)(c)13–14, 853.04) |
One-step: simultaneous with execution and attestation. Two-step: 'at any time after' execution; no elapsed-time cutoff but no post-death substitute for testator's affidavit (§ 853.04) |
Officer authorized under law of state where execution occurs (one-step) or affidavit occurs (two-step); officer certificate under official seal. Remote attorney affidavit uses notarial officer and stamp (§§ 853.03(2)(c)14, 853.04) |
Substantially statutory form: will identity, willing signature/direction, free act, witness signing in conscious presence, age 18+, sound mind, no constraint/undue influence. Remote form adds people/locations, ID, technology, and paper-forwarding details (§§ 853.03, 853.04) |
One-step is simultaneous in statutory form; two-step certificate is attached or annexed to will. Remote attorney affidavit must be attached to will (§§ 853.03(2)(c)12, 853.04) |
No paperless e-will route stated; supervised remote witnessing uses attached attorney affidavit treated as self-proving. Ordinary officer may act under law of state where execution/affidavit occurs; an uncontested § 853.05 will with attestation clause may be admitted without evidence (§§ 853.03, 853.04, 856.15) |
Unless affidavit fraud/forgery: § 853.03 compliance conclusively presumed; other valid-execution requirements rebuttably presumed; affidavit signature can count as will signature. Uncontested probate may proceed without testimony/evidence (§§ 856.15–.16) |
Affidavit not required. Uncontested attestation clause may still avoid testimony; otherwise 1 subscribing witness gives sworn statement in open court. If none competent/found in Wisconsin, other witnesses and handwriting proof may be used (§§ 856.15, 856.16(2)) |
| Wyoming verified 2026-08-01 | Two routes under Wyo. Stat. § 2-6-114: simultaneous execution/attestation/self-proof under (a), or self-proof of an attested will under (c); probate proof in §§ 2-6-204 to -205 |
Testator acknowledges and signs; both witnesses swear and sign; officer certifies all three (§ 2-6-114(a), (c)) |
Simultaneously with execution under § 2-6-114(a), or for an attested will 'at the time of its execution or at any subsequent date' under subsection (c) |
Oath-authorized officer; authority follows the execution state's law in (a), and Wyoming or execution-state law in (c). Officer certificate and official seal required (§ 2-6-114) |
Substantial statutory forms: willing/free personal or directed signing; adult; sound mind; no constraint/undue influence; witnesses sign in testator's presence and hearing or by qualifying real-time audio-video (§ 2-6-114) |
Subsection (c) certificate must be attached or annexed to the will; (a) has no separate attachment phrase. Affiant signatures satisfy the will-signing requirement (§ 2-6-114(b)-(c)) |
Witnesses may appear by real-time audio-video and securely e-sign; no testator e-sign route. Foreign execution may validate the will (§ 2-6-116), but no separate foreign-self-proof recognition rule |
A § 2-6-114-compliant will 'shall be probated without further proof' (§ 2-6-204). No statutory contest bar, conclusive presumption, or fraud/forgery exception is stated |
Oral or written testimony from one or more subscribing witnesses; written proof may be made at signing or later, before or after death. If all witnesses are deceased/unavailable, handwriting proof by two disinterested witnesses or other sufficient execution evidence (§ 2-6-205) |
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