Will Rules by Topic
Most of what makes a will valid is the same everywhere: put it in writing, sign it, have people watch you sign it. The handful of rules below are the ones that genuinely differ from one state line to the next. Each one lists the jurisdictions it applies to, and every jurisdiction links to its own guide. Looking up one state instead?
Which states require a will to be notarized?
Jurisdictions where the will itself must be notarized: 1 of 51, from the statutes cited on each state's own guide.
Whether the will itself has to be signed in front of a notary to be valid — not the optional notarized affidavit some states let you attach afterward.
Which states recognize a handwritten (holographic) will?
Jurisdictions that recognize a handwritten will: 29 of 51, from the statutes cited on each state's own guide.
A holographic will is written and signed in the testator's own hand, usually without witnesses. Where it is recognized at all, it is recognized narrowly: the material provisions and the signature generally have to be handwritten.
Which states recognize an electronic will?
Jurisdictions with an electronic wills statute: 18 of 51, from the statutes cited on each state's own guide.
A will signed and witnessed by electronic means under a statute written for it. Some of these statutes are on the books but not yet in force.
Which states recognize an oral (nuncupative) will?
Jurisdictions that recognize an oral will: 15 of 51, from the statutes cited on each state's own guide.
A will spoken aloud rather than written down. Where it survives, it is hedged in — typically last illness or military service, witnesses present, and only a limited amount of personal property.
Which states ask for fewer than two witnesses at signing?
Jurisdictions asking for fewer than two witnesses: 1 of 51, from the statutes cited on each state's own guide.
The other end of the same rule — jurisdictions whose statute asks for fewer signatures at execution than the usual two. Witnesses are still worth having: they are what a probate court leans on if the will is ever questioned.
Which states don't offer a self-proving affidavit?
Jurisdictions with no self-proving affidavit on offer: 3 of 51, from the statutes cited on each state's own guide.
A self-proving affidavit is a notarized statement attached to a signed will so the court does not have to locate your witnesses years later. Where it isn't offered, the witnesses themselves may have to be found and asked to testify.
Which states don't allow someone to sign for you?
Jurisdictions that do not allow a proxy signature: 2 of 51, from the statutes cited on each state's own guide.
Proxy signing is another person putting the testator's signature on the will, in their presence and at their direction, when they physically cannot sign it themselves.
Which states set the minimum age at something other than 18?
Jurisdictions setting the age at something other than 18: 2 of 51, from the statutes cited on each state's own guide.
The age at which a person may make a valid will. Separate statutes often carve out married or enlisted testators regardless of the headline number — your state guide spells those out.
Your state's rules, applied for you
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