Will execution requirements by state: witnesses, notarization, holographic and electronic wills
What each US state's probate/estates code requires for a will to be validly executed: how many witnesses, whether they must sign in the testator's presence, whether notarization can substitute for witnesses, whether holographic (handwritten, unwitnessed) wills are valid, whether electronic wills are authorized, and whether a self-proving affidavit is available. Each record is one state, from that state's statute. Answers 'how many witnesses does a will need in [state]', 'is a handwritten will valid in [state]', and 'does a will need to be notarized in [state]'. The general answer (two witnesses, no notary) is right in most states and wrong in the ones that matter: holographic wills are valid in roughly half of states and void in the rest, Colorado and North Dakota allow notarization instead of witnesses, Louisiana requires a notary plus two witnesses, and a growing list (Nevada, Florida, Arizona, Indiana...) authorizes electronic wills. People executing DIY wills hit exactly these edges. Existing charts are will-vendor marketing (Gentreo, estate-bee) with no statute citations.
Records13
Sources17
Verified
Review by
LicenceFacts from state probate statutes; statutory requirements are not copyrightable
3 records where two or more sources state different values. Both sides are reproduced on the record page, each with its own source and quote.
The data
| State | Witnesses required | Statute citation | Notarization rule | Holographic wills | Electronic wills | Self-proving affidavit |
|---|---|---|---|---|---|---|
| Californiasources differ | witnessed by being signed, during the testator’s lifetime, by at least two persons each of whom (A) being present at the same time, witnessed either the signing of the will or the testator’s acknowledgment of the signature or of the will and (B) understand that the instrument they sign is the testator’s will | Cal. Prob. Code § 6110 | ||||
| Colorado | Signed by at least two individuals, either prior to or after the testator's death | Colo. Rev. Stat. § 15-11-502 | Acknowledged by the testator before a notary public or other individual authorized by law to take acknowledgments | A will that does not comply with subsection (1) of this section is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting. | ||
| Florida | at least two attesting witnesses | Fla. Stat. § 732.502 | Any will, other than a holographic or nuncupative will, executed by a nonresident of Florida, either before or after this law takes effect, is valid as a will in this state if valid under the laws of the state or country where the will was executed. A will in the testator’s handwriting that has been executed in accordance with subsection (1) shall not be considered a holographic will. | |||
| Illinois | attested in the presence of the testator by 2 or more credible witnesses | 755 ILCS 5/4-3 | ||||
| Louisianasources differ | executed before a notary public in the presence of two witnesses, and signed by the testator, each witness, and the notary | La. Civ. Code art. 1576 | executed before a notary public in the presence of two witnesses | |||
| Minnesota | signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing of the will | Minn. Stat. § 524.2-502 | ||||
| Nevada | attested by at least two competent witnesses who subscribe their names to the will in the presence of the testator | NRS 133.040, 133.050, 133.085, 133.090 | A holographic will is a will in which the signature, date and material provisions are written by the hand of the testator, whether or not it is witnessed or notarized. | Every person of sound mind over the age of 18 years may, by last electronic will, dispose of all of his or her estate, real and personal | Any attesting witness to a will, including, without limitation, an electronic will, may sign a declaration under penalty of perjury or an affidavit before any person authorized to administer oaths in or out of the State, stating such facts as the witness would be required to testify to in court to prove the will. | |
| North Dakota | By at least two individuals, each of whom signed within a reasonable time after witnessing either the signing of the will | N.D. Cent. Code § 30.1-08-02 | Acknowledged by the testator before a notary public or other individual authorized by law to take acknowledgments | A will that does not comply with subsection 1 is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting. | ||
| Ohio | attested and subscribed in the conscious presence of the testator, by two or more competent witnesses, who saw the testator subscribe, or heard the testator acknowledge the testator's signature | Ohio Rev. Code § 2107.03 | a will may be handwritten or typewritten, but every will shall be attested and subscribed in the conscious presence of the testator by two or more competent witnesses; no unwitnessed exception is stated in this section | |||
| Texassources differ | attested by two or more credible witnesses who are at least 14 years of age | Tex. Est. Code § 251.051 | ||||
| Virginia | in the presence of at least two competent witnesses who are present at the same time and who subscribe the will in the presence of the testator | Va. Code § 64.2-403 | A will wholly in the testator's handwriting is valid without further requirements, provided that the fact that a will is wholly in the testator's handwriting and signed by the testator is proved by at least two disinterested witnesses. | |||
| Washington | attested by two or more competent witnesses, by subscribing their names to the will | RCW 11.12.020 | ||||
| Wisconsin | signed by at least 2 witnesses who signed within a reasonable time | Wis. Stat. § 853.03 |
Where this came from
Every record above links the page it was taken from and quotes the sentence that states it. These are the 17 sources this dataset was assembled from.
- leginfo.legislature.ca.govhttps://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=6111
- leginfo.legislature.ca.govhttps://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=6110
- codes.findlaw.comhttps://codes.findlaw.com/co/title-15-probate-trusts-and-fiduciaries/co-rev-st-sect-15-11-502/
- leg.state.fl.ushttp://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.502.html
- codes.findlaw.comhttps://codes.findlaw.com/il/chapter-755-estates/il-st-sect-755-5-4-3/
- ilga.govhttps://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075500050K4-3
- legis.la.govhttps://www.legis.la.gov/legis/Law.aspx?d=108900
- legis.la.govhttps://www.legis.la.gov/legis/Law.aspx?d=108901
- revisor.mn.govhttps://www.revisor.mn.gov/statutes/cite/524.2-502
- leg.state.nv.ushttps://www.leg.state.nv.us/nrs/nrs-133.html
- codes.findlaw.comhttps://codes.findlaw.com/nd/title-30-1-uniform-probate-code/nd-cent-code-sect-30-1-08-02/
- codes.ohio.govhttps://codes.ohio.gov/ohio-revised-code/section-2107.03
- codes.findlaw.comhttps://codes.findlaw.com/tx/estates-code/est-sect-251-052/
- codes.findlaw.comhttps://codes.findlaw.com/tx/estates-code/est-sect-251-051/
- law.lis.virginia.govhttps://law.lis.virginia.gov/vacode/title64.2/section64.2-403/
- app.leg.wa.govhttps://app.leg.wa.gov/RCW/default.aspx?cite=11.12.020
- docs.legis.wisconsin.govhttps://docs.legis.wisconsin.gov/document/statutes/853.03
Machine-readable
- data.jsonThe whole dataset — every record with its source URL and source quote.
- Open Knowledge Format bundleOne JSON object per line — every record's frontmatter and quoted span exactly as it is held here, in one fetch.
- How this is made and checkedWhat "verified against source" does and does not mean.