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Summary

All states and the District of Columbia require that a Will be signed in the presence of witnesses. The main question is the number of witnesses required. States also vary as to whether they permit the use of self-proving affidavits (affidavits about the signing process which are signed by the witnesses when the Will is signed).

It is possible that your state permits Wills to be written entirely in your own handwriting. While this may be useful in an emergency situation, it is not advisable if there is a choice. Such a Will is more easily subject to challenge than a Will executed with witnesses under a lawyer's supervision. Also, while your intent may be clear to you as you write the document, it may not be clear to people who have to understand your wishes so they can carry them out.

To learn about the law in your state, see www.law.cornell.edu offsite link.

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Requirements For Executing A Valid Will

Witnesses: The number of witnesses required in each state to make a valid Will are listed below.

Appropriate witnesses must not have a self interest in the Will. Do not use as witnesses people who are mentioned in the Will or people who are related to you.

In addition to asking witnesses to sign their name, for practical purposes, their name should be printed, and their residence address included.

Self-Proving Affidavits: When a Will is submitted to probate, courts generally require the witnesses to either appear or to submit an affidavit concerning what went on during the execution of the Will.

Most courts accept a self-proving affidavit -- an affidavit signed at or near the time of execution of the Will, in the presence of a Notary Public or similar official that describes what happened during the execution of the Will.

State

Number of Witnesses

Self Proving Recognized

Alabama

2

Yes

Alaska

2

Yes

Arizona

2

Yes

Arkansas

2

Yes

California

2

Yes

Colorado

2

Yes

Connecticut

2

Yes

Delaware

2

Yes

District of Columbia

2

Yes

Florida

2

Yes

Georgia

2

Yes

Hawaii

2

Yes

Idaho

2

Yes

Illinois

2

No

Indiana

2

Yes

Iowa

2

Yes

Kansas

2

Yes

Kentucky

2

Louisiana

2

Yes

Maine

2

Yes

Maryland

2

Yes

Massachusetts

2

Yes

Michigan

2

Yes

Minnesota

2

Yes

Mississippi

2

Yes

Missouri

2

Yes

Montana

2

Yes

Nebraska

2

Yes

Nevada

2

Yes

New Hampshire

2

Yes

New Jersey

2

Yes

New Mexico

2

Yes

New York

2

Yes

North Carolina

2

Yes

North Dakota

2

Yes

Ohio

2

Yes

Oklahoma

2

Yes

Oregon

2

Yes

Pennsylvania

2

Yes

Rhode Island

2

Yes

South Carolina

2

Yes

South Dakota

2

Yes

Tennessee

2

Yes

Texas

2

Yes

Utah

2

Yes

Vermont

3

No

Virginia

2

Yes

Washington

2

Yes

West Virginia

2

No

Wisconsin

2

No

Wyoming

2

Yes