October 8, 2025
Every will rises or falls on execution. Courts are generous about plain‑English drafting when intent is clear, but they are strict about formalities. This article explains the key will requirements by state—witness requirements, self‑proving affidavits, notarization, and the limited niches for electronic and holographic wills—so you can sign once and be confident.
Before signatures, courts ask three questions: (1) Did the testator understand they were making a will? (2) Did they understand, in a general way, what they owned and who their likely heirs were? (3) Was the decision their own, free of undue influence? A calm, orderly signing with neutral witnesses helps show capacity and intent and makes undue influence less plausible.
Most states require two adult witnesses. Some require that the witnesses sign in the presence of the testator and each other; others accept acknowledgment (“this is my signature; this is my will”) before they sign. The safest route is to have everyone together, in person, for an unhurried ceremony.
Prefer disinterested witnesses—people who do not receive anything under the will. Using a beneficiary as a witness can trigger reduced or voided gifts in some states. Choose neighbors, coworkers, or friends with no stake in your estate.
A self‑proving affidavit is a notarized statement signed by you and the witnesses that the will was executed properly. With it, most courts will admit the will without calling your witnesses to testify years later. It saves the executor from detective work and keeps probate moving.
Practical tip: Execute the affidavit at the same session as the will. Don’t plan to “come back later.”
A growing number of states recognize electronic wills and remote online notarization. These laws impose strict conditions: verified identities, audio‑video recording, electronic presence protocols, and secure storage. If your state authorizes e‑wills and you follow the rules, your e‑will can be valid. If there’s any uncertainty, print and sign with two witnesses and a self‑proving affidavit—paper still glides through probate more smoothly in many jurisdictions.
A handful of states accept holographic wills. They look simple, but they are easy to get wrong: missing dates, unclear gifts, no witnesses. If you want to minimize litigation risk, choose a typed, witnessed will. Courts see far more disputes over holographic instruments.
One witness instead of two (or witnesses not present when required);
Interested witnesses in states that penalize their gifts;
Missing signatures or initials on critical pages;
No self‑proving affidavit where allowed;
Handwritten alterations after execution (use a codicil or new will instead);
Poor storage—no one can find the original.
Gather two disinterested adult witnesses and, if possible, a notary for the affidavit.
You state: “This is my last will and testament.”
You sign the will.
Both witnesses sign immediately afterward.
Everyone signs the self‑proving affidavit before the notary.
You date the will if your form calls for it and keep signatures consistent.
You store the original at home in a safe but accessible location; you tell your executor where it is.
Every time you sign a will, review your beneficiary designations (401(k), IRA, life insurance) and TOD/POD registrations to keep them aligned with the plan. If you later create a revocable living trust, record a deed to trust for real estate and retitle non‑retirement brokerage accounts so your trust actually avoids probate for those assets.
Generate a state‑specific will and signing guide now: Online Last Will & Testament → /product/online-last-will/
Add a living trust for probate avoidance: Online Revocable Living Trust → /product/online-living-trust/
Founded by lawyers in 2000, EstateBee is a leading international estate planning and asset protection publisher.
Hive Administrator
Founded by lawyers in 2000, EstateBee is a leading international estate planning and asset protection publisher.
