Each state sets its own rules for what makes a will legally valid. While many requirements overlap, significant variations exist in witness requirements, notarization, and acceptance of handwritten wills. A will valid in one state might not be valid in another, making it essential to follow the rules where you live.
Understanding your state's requirements ensures your will holds up when needed and isn't challenged successfully due to technical defects.
Basic Requirements Across States
Most states share certain baseline requirements. The testator (person making the will) must be at least 18 years old (with some exceptions for married minors or those in military service). They must have testamentary capacity—understanding they're making a will, knowing what they own, and recognizing their natural heirs.
The will must be signed by the testator. This seems obvious but matters—someone else signing for you without proper authorization may invalidate the will. If you cannot physically sign, most states allow marks or signatures by another at your direction.
Written form is nearly universal; oral wills (nuncupative wills) are extremely limited or not recognized. The will should be typed or printed, though some states accept handwritten wills under specific conditions.
Witness Requirements
Nearly all states require at least two witnesses to observe the testator sign the will and then sign the will themselves. Witnesses should be competent adults who aren't beneficiaries under the will.
Some states require witnesses to be "disinterested"—receiving nothing under the will. Having an interested witness doesn't always invalidate the will, but it may void that witness's gift or create grounds for challenge.
Vermont requires three witnesses rather than two. Some states require witnesses to sign in each other's presence; others only require them to sign in the testator's presence. Know your state's specific rules.
Notarization Requirements
Most states don't require wills to be notarized to be valid, but notarization can make probate easier. A self-proving affidavit—a notarized statement by witnesses confirming proper execution—allows probate without locating witnesses to testify.
Louisiana requires wills to be notarized. Other states accept notarized wills but don't require notarization. Adding a self-proving affidavit is wise even where not required.
Having a notary witness the signing and complete a self-proving affidavit at the same time is efficient and strengthens the will against later challenges.
Holographic (Handwritten) Wills
Holographic wills are handwritten by the testator and may not require witnesses. About half the states accept holographic wills, though requirements vary.
States accepting holographic wills typically require the material provisions to be in the testator's handwriting. Some require the entire document be handwritten; others accept partially printed forms with handwritten provisions.
Even where valid, holographic wills are more easily challenged. Handwriting authentication may be required. The informal format often leads to ambiguity or missing provisions. Typed, witnessed wills are safer.
Electronic Wills
A growing number of states now recognize electronic wills—created, signed, and witnessed electronically without paper. Nevada, Florida, Arizona, and others have enacted electronic will statutes.
Electronic wills must meet specific requirements including proper authentication and electronic signatures. Not all states accept them, and interstate recognition remains uncertain. Traditional paper wills remain the safest choice for now.
Remote witnessing (witnesses observing via video conferencing) became more common during the COVID-19 pandemic, with some states temporarily or permanently authorizing it. Check current rules in your state.
Wills Made in Other States
What happens if you created a valid will in one state and then moved? Most states recognize wills that were valid where executed, even if they wouldn't meet the new state's requirements.
It's still wise to review and potentially update your will after moving. Laws affecting estate administration, taxes, and specific provisions vary. Your old will may be legally valid but not optimally drafted for your new state.
If you own property in multiple states, the laws of each state may affect how that property passes. Real estate follows the law of the state where it's located.
Common Execution Mistakes
Signing before witnesses without witnesses watching invalidates many wills. Witnesses should observe your signature or your acknowledgment of it, not just show up afterward to sign.
Having beneficiaries serve as witnesses creates problems. Even if the will remains valid, interested witnesses may lose their gifts or face heightened scrutiny.
Alterations after signing—crossing out names, changing amounts—may invalidate those changes or the entire will. Make changes through proper codicils or new wills, not margin notes.
Getting Legal Help
An estate planning attorney knows your state's specific requirements and ensures your will meets them. They draft wills that withstand challenges, include self-proving affidavits where available, and avoid technical defects that could cause problems. Given the stakes, professional assistance ensures your will actually accomplishes its purpose when the time comes.