asset: will-execution-requirements-by-state

asset_type: execution-formalities

body: 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.

key_field: state

licence: Facts from state probate statutes; statutory requirements are not copyrightable

title: Will execution requirements by state: witnesses, notarization, holographic and electronic wills

type: dataset


body:
**State:** California

**Holographic wills:** valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator

**Statute citation:** Cal. Prob. Code § 6111

> (a) A will that does not comply with Section 6110 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator.

Source: <https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=6111>

state: California

statute_citation: Cal. Prob. Code § 6111

title: California — Will execution requirements by state: witnesses, notarization, holographic and electronic wills

type: execution-formalities


body:
**State:** California

**Witnesses required:** 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

**Statute citation:** Cal. Prob. Code § 6110

> (c) (1) Except as provided in paragraph (2), the will shall be 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. (2) If a will was not executed in compliance with paragraph (1), the will shall be treated as if it was executed in compliance with that paragraph if the proponent of the will establishes by clear and convincing evidence that, at the time the testator signed the will, the testator intended the will to constitute the testator’s will.

Source: <https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=6110>

statute_citation: Cal. Prob. Code § 6110


body:
**State:** Colorado

**Witnesses required:** Signed by at least two individuals, either prior to or after the testator's death

**Notarization rule:** Acknowledged by the testator before a notary public or other individual authorized by law to take acknowledgments

**Holographic wills:** 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.

**Statute citation:** Colo. Rev. Stat. § 15-11-502

> (I) Signed by at least two individuals, either prior to or after the testator's death, each of whom signed within a reasonable time after he or she witnessed either the testator's signing of the will as described in paragraph (b) of this subsection (1) or the testator's acknowledgment of that signature or acknowledgment of the will; or (II) Acknowledged by the testator before a notary public or other individual authorized by law to take acknowledgments.

Source: <https://codes.findlaw.com/co/title-15-probate-trusts-and-fiduciaries/co-rev-st-sect-15-11-502/>

state: Colorado

statute_citation: Colo. Rev. Stat. § 15-11-502

title: Colorado — Will execution requirements by state: witnesses, notarization, holographic and electronic wills


body:
**State:** Florida

**Witnesses required:** at least two attesting witnesses

**Holographic wills:** 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.

**Statute citation:** Fla. Stat. § 732.502

> Witnesses. — The testator’s: 1.  Signing, or 2.  Acknowledgment: a.  That he or she has previously signed the will, or b.  That another person has subscribed the testator’s name to it, must be in the presence of at least two attesting witnesses. (c)  Witnesses’ signatures. — The attesting witnesses must sign the will in the presence of the testator and in the presence of each other.

Source: <http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.502.html>

state: Florida

title: Florida — Will execution requirements by state: witnesses, notarization, holographic and electronic wills

witnesses_required: at least two attesting witnesses


body:
**State:** Illinois

**Witnesses required:** attested in the presence of the testator by 2 or more credible witnesses

**Statute citation:** 755 ILCS 5/4-3

> Every will shall be in writing, signed by the testator or by some person in his presence and by his direction and attested in the presence of the testator by 2 or more credible witnesses.

Source: <https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075500050K4-3>

state: Illinois

title: Illinois — Will execution requirements by state: witnesses, notarization, holographic and electronic wills


body:
**State:** Louisiana

**Holographic wills:** An olographic testament is one entirely written, dated, and signed in the handwriting of the testator. The olographic testament is subject to no other requirement as to form.

**Statute citation:** La. Civ. Code art. 1575

> An olographic testament is one entirely written, dated, and signed in the handwriting of the testator. The olographic testament is subject to no other requirement as to form.

Source: <https://www.legis.la.gov/legis/Law.aspx?d=108900>

state: Louisiana

statute_citation: La. Civ. Code art. 1575

title: Louisiana — Will execution requirements by state: witnesses, notarization, holographic and electronic wills


body:
**State:** Louisiana

**Witnesses required:** executed before a notary public in the presence of two witnesses, and signed by the testator, each witness, and the notary

**Notarization rule:** executed before a notary public in the presence of two witnesses

**Statute citation:** La. Civ. Code art. 1576

> The notarial testament shall be prepared in writing, dated, executed before a notary public in the presence of two witnesses, and signed by the testator, each witness, and the notary.

Source: <https://www.legis.la.gov/legis/Law.aspx?d=108901>

statute_citation: La. Civ. Code art. 1576


body:
**State:** Minnesota

**Witnesses required:** signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing of the will

**Statute citation:** Minn. Stat. § 524.2-502

> signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing of the will as described in clause (2) or the testator's acknowledgment of that signature or acknowledgment of the will.

Source: <https://www.revisor.mn.gov/statutes/cite/524.2-502>

state: Minnesota

title: Minnesota — Will execution requirements by state: witnesses, notarization, holographic and electronic wills


body:
**State:** Nevada

**Witnesses required:** attested by at least two competent witnesses who subscribe their names to the will in the presence of the testator

**Holographic wills:** 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.

**Electronic wills:** 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

**Self-proving affidavit:** 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.

**Statute citation:** NRS 133.040, 133.050, 133.085, 133.090

> No will executed in this State, except such electronic wills or holographic wills as are mentioned in this chapter, is valid unless it is in writing and signed by the testator, or by an attending person at the testator�s express direction, and attested by at least two competent witnesses who subscribe their names to the will in the presence of the testator.

Source: <https://www.leg.state.nv.us/nrs/nrs-133.html>

state: Nevada

title: Nevada — Will execution requirements by state: witnesses, notarization, holographic and electronic wills


body:
**State:** North Dakota

**Witnesses required:** By at least two individuals, each of whom signed within a reasonable time after witnessing either the signing of the will

**Notarization rule:** Acknowledged by the testator before a notary public or other individual authorized by law to take acknowledgments

**Holographic wills:** 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.

**Statute citation:** N.D. Cent. Code § 30.1-08-02

> (1) By at least two individuals, each of whom signed within a reasonable time after witnessing either the signing of the will as described in subdivision b or the testator's acknowledgment of that signature or acknowledgment of the will; or (2) Acknowledged by the testator before a notary public or other individual authorized by law to take acknowledgments.

Source: <https://codes.findlaw.com/nd/title-30-1-uniform-probate-code/nd-cent-code-sect-30-1-08-02/>

state: North Dakota

title: North Dakota — Will execution requirements by state: witnesses, notarization, holographic and electronic wills


body:
**State:** Ohio

**Witnesses required:** 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

**Holographic wills:** 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

**Statute citation:** Ohio Rev. Code § 2107.03

> Except oral wills, every will shall be in writing, but may be handwritten or typewritten. The will shall be signed at the end by the testator or by some other person in the testator's conscious presence and at the testator's express direction. The will shall be 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.

Source: <https://codes.ohio.gov/ohio-revised-code/section-2107.03>

state: Ohio

statute_citation: Ohio Rev. Code § 2107.03

title: Ohio — Will execution requirements by state: witnesses, notarization, holographic and electronic wills


body:
**State:** Texas

**Holographic wills:** a will written wholly in the testator's handwriting is not required to be attested by subscribing witnesses

**Statute citation:** Tex. Est. Code § 251.052

> a will written wholly in the testator's handwriting is not required to be attested by subscribing witnesses.

Source: <https://codes.findlaw.com/tx/estates-code/est-sect-251-052/>

state: Texas

statute_citation: Tex. Est. Code § 251.052

title: Texas — Will execution requirements by state: witnesses, notarization, holographic and electronic wills


body:
**State:** Texas

**Witnesses required:** attested by two or more credible witnesses who are at least 14 years of age

**Statute citation:** Tex. Est. Code § 251.051

> attested by two or more credible witnesses who are at least 14 years of age and who subscribe their names to the will in their own handwriting in the testator's presence.

Source: <https://codes.findlaw.com/tx/estates-code/est-sect-251-051/>

statute_citation: Tex. Est. Code § 251.051


body:
**State:** Virginia

**Witnesses required:** 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

**Holographic wills:** 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.

**Statute citation:** Va. Code § 64.2-403

> A will not wholly in the testator's handwriting is not valid unless the signature of the testator is made, or the will is acknowledged by the testator, 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.

Source: <https://law.lis.virginia.gov/vacode/title64.2/section64.2-403/>

state: Virginia

title: Virginia — Will execution requirements by state: witnesses, notarization, holographic and electronic wills


body:
**State:** Washington

**Witnesses required:** attested by two or more competent witnesses, by subscribing their names to the will

**Statute citation:** RCW 11.12.020

> every will shall be in writing signed by the testator or by some other person under the testator's direction in the testator's presence or electronic presence, and shall be attested by two or more competent witnesses, by subscribing their names to the will

Source: <https://app.leg.wa.gov/RCW/default.aspx?cite=11.12.020>

state: Washington

title: Washington — Will execution requirements by state: witnesses, notarization, holographic and electronic wills


body:
**State:** Wisconsin

**Witnesses required:** signed by at least 2 witnesses who signed within a reasonable time

**Statute citation:** Wis. Stat. § 853.03

> It must be signed by at least 2 witnesses who signed within a reasonable time after any of the following:

Source: <https://docs.legis.wisconsin.gov/document/statutes/853.03>

state: Wisconsin

statute_citation: Wis. Stat. § 853.03

title: Wisconsin — Will execution requirements by state: witnesses, notarization, holographic and electronic wills