Witness requirements: Who can (and can’t) witness a will?

In most states, a will needs two witnesses who watch you sign it and then sign it themselves. Pick people who won’t receive anything under your will, since many states void or question gifts to witnesses. Rules vary by state, so check yours or ask an estate attorney.

You may have spent the last several days, weeks, or even months carefully thinking through and laying out your wishes in your last will and testament. And if you have, congratulations. The most time-intensive part of making your will is done! But in most states, your will isn’t valid until you sign it in front of two witnesses.

Why do you need a witnessed will? Your will is an essential document where you make critical decisions about who receives your property and cares for your minor children after you’re gone. Since your will goes into effect after you pass away, you’re no longer around to confirm it truly belongs to you. That’s where your witnesses come in. They watch you sign your will and can confirm in court that the document is authentic.

How witnessing a will works

1. To have your will witnessed, you sign and date your document in the presence of two people who’ve agreed to be your witnesses. They also sign and date the document.
2. When you pass away, someone (typically your will executor or a loved one) will locate your will and file it with the local probate court. (Probate is the legal process of managing and distributing a person’s estate after they die.)
3. Before the court can distribute your estate, it must validate, or prove, your will. The probate court may call your witnesses to testify that your will is authentic. Your witnesses will confirm that:
   • You were the one to sign your will document;
   • You were of sound mind when you signed; and
   • You weren’t under pressure from someone else to sign your will.
4. Once your will is proven, your executor will carry out the wishes you outlined and distribute your property to your intended beneficiaries.

How many witnesses need to sign my will?

In the United States, witnessing laws vary by state. Most states require two witnesses to sign the document alongside the will-maker. (More on that below.) A few states differ. Pennsylvania law, for example, doesn’t require witnesses for an ordinary signed will. If you make your will using FreeWill, we give you instructions to print, sign, and make your document official.

Do I need to have my will notarized?

In most states, you don’t need a notary to make a will valid. Louisiana is an exception: a standard Louisiana will (called a notarial testament) is signed before a notary and two witnesses. Louisiana also recognizes handwritten wills under separate rules.

In most states, you can have your will notarized and make it self-proving with a self-proving affidavit. A self-proving affidavit is an optional document you and your witnesses sign before a notary that “proves” your will's validity. This means your witnesses usually won’t have to testify in probate court, which can save time. Not every state recognizes self-proving affidavits, so check your state’s rules. Learn more about will notarization.

Who can witness your will?

Can anyone witness your will? The short answer is no. Some basic requirements apply to who can witness your will.

Your witnesses should be of sound mind and old enough under your state’s law. The minimum age varies: Georgia and Texas allow witnesses as young as 14, while Arkansas requires 18. Choosing adults is the simplest way to meet any state’s rule. They should also be “disinterested,” meaning they don’t stand to inherit anything from your estate. In many states, the rule turns on whether the witness receives something under your will, not on whether the witness is related to you. A gift to a witness or the witness’s spouse can be voided or questioned. Rules differ by state, so the safest choice is someone who isn’t family and isn’t named in your will.

As long as your witnesses fulfill these requirements, you’re free to choose anyone you like. For example, you could choose the following people as your witnesses:

• Friends
• Neighbors
• Coworkers
• A lawyer
• Anyone else you trust

Who shouldn’t witness your will?

Anyone listed in your will or who stands to inherit under it shouldn’t be a witness, to avoid a conflict of interest. This could include:

• Your spouse or partner
• Your children and grandchildren
• Your nominated executor and guardian
• Anyone listed as a beneficiary in your will, and their spouses
• Someone who is likely to pass away before you (like a parent)
• A minor, or anyone under your state’s minimum age

What happens if a will isn’t signed by witnesses?

If your will isn’t witnessed in a state that requires it, no one can prove it's authentic. This could lead to your will being challenged in probate court or being thrown out completely. If your will is thrown out, your estate will be distributed under your state’s intestacy laws. Not having your will witnessed would likely cause delays and confusion for your loved ones and may result in your wishes not being followed as you intended.

Frequently asked questions

Where can I get a will witnessed and notarized?

You can get a will witnessed by two people you trust, such as friends, neighbors, or coworkers. In most states, you don’t need to have your will notarized for it to be valid. But if you want to get a will notarized, you can find a notary public at many public locations, including banks, libraries, law and accounting firms, and even your local print shop (like FedEx). Most are available via appointment or walk-in.

Can a will be notarized instead of witnessed?

No, a will usually can’t be notarized instead of witnessed, since a notary isn’t a substitute for witness signatures. Colorado and North Dakota allow a notary’s acknowledgment in place of witnesses. Check your state’s rules.

Can a beneficiary witness a will?

It’s best not to have a beneficiary witness your will. Because your beneficiaries have a financial interest in your will and estate, it’s usually not a good idea to have them witness it. In many states the will stays valid, but a gift to a witness can be voided or questioned unless enough other witnesses signed.

Can an executor witness a will?

It’s usually best not to have an executor witness your will. Anyone listed in your will shouldn’t serve as a witness to avoid an actual or perceived conflict of interest. Some states, including North Carolina, don’t disqualify an executor from witnessing, but a conflict-of-interest question can still come up.

Can a notary witness a will?

This may vary by state, but estate attorneys usually don’t recommend having a notary witness your will. In Florida, for example, the notary on a self-proved will can’t also be a witness. Using different people for each role avoids the question in any state.

Can a stranger be a witness to a will?

Technically, yes, a stranger can witness your will, since they don’t have a financial interest in your estate. However, it’s probably not a good idea. Remember that your witnesses may be called to testify about your will after you die, so your executor needs to be able to locate and contact them. You also want to make sure this stranger is trustworthy, since you’re asking them to validate an important legal document.

Get your will witnessed

Having your will witnessed is a short step that helps your wishes hold up if they’re ever questioned. If you still need to create your last will and testament, consider using FreeWill’s free online will-making software. You can create your will in about 20 minutes. We also give you instructions to print, sign, and make your document official. Get started today.

FreeWill is not a law firm and doesn’t give legal advice. Witnessing rules vary by state, and an estate attorney can answer questions about your situation.