Does a will need to be notarized?

Requirements for a valid will: Anyone 18 or older who is of sound mind may make a will. The will must be in writing, signed by the will-maker (or by someone else in the will-maker's name, in their presence and at their direction), and signed by at least two witnesses who each saw the signing or the will-maker's acknowledgment of the signature or the will. A will signed elsewhere is also valid if it met the law of the place where it was signed, or of the will-maker's domicile or residence. Ala. Code §§ 43-8-130, 43-8-131, 43-8-135

Self-proving affidavit: Yes. A will can be made self-proved when it is signed, or at any later time, by the will-maker's acknowledgment and the witnesses' sworn affidavits before a notary or other officer authorized to give oaths. The statute provides the wording of the certificate. Ala. Code § 43-8-132

Requirements for a valid will: Anyone 18 or older who is of sound mind may make a will. A witnessed will must be in writing, signed by the will-maker (or by another person in the will-maker's name, in their conscious presence and at their direction), and signed by at least two witnesses, each signing within a reasonable time after seeing the signing or the will-maker's acknowledgment of the signature or the will. AS 13.12.501, 13.12.502

Self-proving affidavit: Yes. A will can be made self-proved when it is signed, or at a later time, by the will-maker's acknowledgment and the witnesses' affidavits before a notary or other officer authorized to give oaths. The statute gives the certificate wording. AS 13.12.504

Requirements for a valid will: Anyone 18 or older who is of sound mind may make a will. A paper will must be in writing, signed by the will-maker (or by another person in the will-maker's name, in their conscious presence and at their direction), and signed by at least two witnesses, each signing within a reasonable time after seeing the signing or the will-maker's acknowledgment of the signature or the will. A.R.S. §§ 14-2501, 14-2502

Self-proving affidavit: Yes. A will can be made self-proved when it is signed, or at a later time, by the will-maker's acknowledgment and the witnesses' affidavits before a notary or other officer authorized to give oaths. The statute provides a sample form. A.R.S. § 14-2504

Requirements for a valid will: Any person of sound mind who is 18 or older may make a will. A witnessed will must be signed at the end by the will-maker (or by mark, or by another person at the will-maker's direction, who also signs their own name) and signed by at least two attesting witnesses. The will-maker must tell the witnesses the document is their will and sign or acknowledge the signature in their presence, and the witnesses sign at the will-maker's request and in the will-maker's presence. Ark. Code Ann. §§ 28-25-101, 28-25-103

Self-proving affidavit: Yes. Any attesting witness can sign an affidavit about the signing before a notary or other officer authorized to give oaths, either on their own, at the will-maker's request, or after the death at the request of the executor or another interested person. The affidavit is written on or attached to the will. If probate is uncontested, the court can accept the affidavit in place of the witness's testimony. Ark. Code Ann. § 28-25-106

Requirements for a valid will: Anyone 18 or older and of sound mind may make a will. A typed will must be in writing, signed by the person making it (or by someone else in their name, in their presence and at their direction), and signed during their lifetime by at least two witnesses who were present at the same time and saw the signing or the person's acknowledgment of the signature or will, and who understand the document is a will. If those formalities were not met, a court may still treat the will as valid if there is clear and convincing evidence the person intended it to be their will. California also has a fill-in-the-blank California Statutory Will. Cal. Prob. Code §§ 6100, 6110, 6240

Self-proving affidavit: California does not use a separate notarized self-proving affidavit. Instead, if the will is not contested, it can be proved by the testimony of one witness, by a witness's affidavit attached to a photocopy of the will, or by an affidavit in the original will that includes the attestation clause the witnesses signed. Cal. Prob. Code § 8220

Requirements for a valid will: Anyone 18 or older and of sound mind may make a will. The will must be in writing and signed by the will-maker (or by someone else in the will-maker's name, in their conscious presence and at their direction). It must then either be signed by at least two witnesses who saw the signing or the will-maker's acknowledgment of the signature or will (witnesses may sign within a reasonable time, even after death), or be acknowledged by the will-maker before a notary. A court can also accept a document that does not meet these rules if there is clear and convincing evidence the person intended it as their will. C.R.S. §§ 15-11-501, 15-11-502, 15-11-503

Self-proving affidavit: Yes. A witnessed will can be made self-proved at signing (or later) when the will-maker and witnesses sign sworn statements before an officer authorized to give oaths, such as a notary, whose certificate is attached under official seal. The statute gives the wording. C.R.S. § 15-11-504

Requirements for a valid will: Anyone 18 or older and of sound mind may make a will. The will must be in writing, signed by the will-maker, and signed by two witnesses, each signing in the will-maker's presence. A will made outside Connecticut that follows the law of the place where it was signed can also be admitted to probate. Conn. Gen. Stat. §§ 45a-250, 45a-251

Self-proving affidavit: Yes. The attesting witnesses can sign an affidavit before an officer authorized to give oaths (such as a notary), either at the will-maker's request while living or after death, stating the facts they would testify to in court. The affidavit is written on or attached to the will, and the Probate Court accepts it as if the witnesses testified in court. Conn. Gen. Stat. § 45a-285

Requirements for a valid will: Anyone 18 or older who is of sound and disposing mind and memory may make a will. The will must be in writing, signed by the will-maker (or by someone signing the will-maker's name in their presence and at their express direction), and signed by 2 or more credible witnesses in the will-maker's presence. A will that does not meet these requirements is void. A will is not invalid because an interested person signed it as a witness. 12 Del. C. §§ 201, 202, 203

Self-proving affidavit: Yes. A witnessed will can be made self-proved when it is signed or at any later date: the will-maker acknowledges the will and the witnesses swear affidavits before an officer authorized to give oaths (such as a notary), and the officer's certificate under seal is attached to the will. The statute gives the certificate wording. 12 Del. C. § 1305

Requirements for a valid will: A person must be at least 18 years old, of sound and disposing mind, and capable of making a deed or contract. The will must be in writing and signed by the will-maker (or by another person in the will-maker's presence and at their express direction), and attested and signed in the will-maker's presence by at least two credible witnesses. D.C. Code §§ 18-102, 18-103

Requirements for a valid will: Any person of sound mind who is 18 or older, or an emancipated minor, may make a will. The will must be in writing and signed at the end by the testator (or by another person in the testator's presence and at the testator's direction), in the presence of at least two attesting witnesses, who must sign in the presence of the testator and of each other. Fla. Stat. §§ 732.501, 732.502

Self-proving affidavit: Yes. A will may be made self-proving when the testator and witnesses acknowledge it and sign affidavits before an officer authorized to administer oaths (such as a notary), using the statutory form. A self-proved will can be admitted to probate without testimony from the witnesses. Fla. Stat. § 732.503

Requirements for a valid will: Anyone 14 or older may make a will unless they lack mental capacity or full freedom of action. The will must be in writing and signed by the will-maker (or by another person in the will-maker's presence and at their direction), and attested and signed in the will-maker's presence by at least two competent witnesses. O.C.G.A. §§ 53-4-10, 53-4-20

Self-proving affidavit: Yes. The will-maker and the witnesses may sign an affidavit before a notary public, either when the will is signed or later while they are all alive. With the notary's certificate attached, the will can be admitted to probate without testimony from the witnesses. The statute gives the affidavit wording. O.C.G.A. § 53-4-24

Requirements for a valid will: Anyone 18 or older and of sound mind may make a will. A will must be in writing, signed by the testator (or by another person in the testator's conscious presence and at the testator's direction), and signed by at least two witnesses, each of whom signs within a reasonable time after seeing the testator sign or hearing the testator acknowledge the signature or the will. Haw. Rev. Stat. §§ 560:2-501, 560:2-502(a)

Self-proving affidavit: Yes. A will can be made self-proved, at signing or later, by the testator's acknowledgment and the witnesses' affidavits made before a notary or other officer authorized to administer oaths, in substantially the statutory form. Haw. Rev. Stat. § 560:2-504

Requirements for a valid will: Anyone 18 or older (or an emancipated minor) who is of sound mind may make a will. The will must be in writing and signed by the will-maker (or by someone else in the will-maker's name, in their presence and at their direction), and signed by at least two witnesses who each saw the signing or the will-maker's acknowledgment of the signature or the will. Idaho Code §§ 15-2-501, 15-2-502

Self-proving affidavit: Yes. The will-maker and the witnesses can swear to the facts of signing before an officer authorized to administer oaths (such as a notary), either when the will is signed or later. The officer's certificate under official seal is attached to the will. The statute gives the certificate wording. Idaho Code § 15-2-504

Requirements for a valid will: Anyone 18 or older who is of sound mind and memory may make a will. The will must be in writing, signed by the will-maker (or by someone in their presence and at their direction), and attested in the will-maker's presence by two or more credible witnesses. 755 ILCS 5/4-1, 5/4-3

Self-proving affidavit: Illinois does not use a notarized self-proving affidavit. Instead, a will can be proved without witness testimony through an attestation clause signed by the two witnesses, or a witness affidavit signed at or after signing and attached to the will, stating that they saw the will-maker sign (or heard them acknowledge it), signed in the will-maker's presence, and believed the will-maker to be of sound mind and memory. 755 ILCS 5/6-4

Requirements for a valid will: A person of sound mind who is at least 18 (or a younger member of the armed forces or merchant marine) may make a will. Except for limited oral wills, the will-maker must, in the presence of two or more witnesses, indicate that the document is their will and sign it (or acknowledge their signature, or direct another person to sign in their presence). The witnesses must sign in the presence of the will-maker and of each other. IC 29-1-5-1, 29-1-5-3

Self-proving affidavit: Yes. A will is self-proved by a self-proving clause, in the statutory wording or in substance the same, signed by the will-maker and the witnesses (signatures may be made under penalties for perjury). Notarization is not required. A clause may also be added after the will is signed. IC 29-1-5-3.1

Requirements for a valid will: Any person of full age and sound mind may make a will (subject to the surviving spouse's elective share). The will must be in writing, signed by the will-maker (or by another person in the will-maker's presence and at their express direction), declared by the will-maker to be their will, and signed by two competent witnesses who sign in the presence of the will-maker and of each other. "Presence" can include real-time electronic means where the will-maker and witnesses can see and hear each other. Iowa Code §§ 633.264, 633.279

Self-proving affidavit: Yes. A witnessed will can be made self-proved when it is signed or later: the will-maker acknowledges it and the witnesses sign affidavits before a notary or other officer authorized to give oaths, using the affidavit wording in the statute. A self-proved will can be admitted to probate without witness testimony. Iowa Code § 633.279(2)

Requirements for a valid will: Any person of sound mind who has reached the age of majority may make a will. A written will must be signed at the end by the will-maker (or by another person in their presence and at their express direction) and witnessed by two or more competent witnesses, who sign in the will-maker's presence after seeing the will-maker sign or hearing them acknowledge the will. K.S.A. 59-601, 59-606

Self-proving affidavit: Yes. When the will is signed or later (while the will-maker and witnesses are alive), the will-maker and witnesses can acknowledge the will and sign affidavits before a notary or other officer, using the certificate wording in the statute. This makes witness testimony unnecessary at probate. K.S.A. 59-606

Requirements for a valid will: Any person of sound mind and at least 18 may make a will (a parent under 18 may use a will only to name a guardian for a child). The will must be in writing and signed by the testator, or by someone else in the testator's presence and at the testator's direction. Unless the will is entirely in the testator's handwriting, it must be signed or acknowledged in front of at least two credible witnesses, who sign in the presence of the testator and of each other. KRS 394.020, 394.030, 394.040

Self-proving affidavit: Yes. A will can be made self-proved when it is signed, or at any later time, through the testator's acknowledgment and the witnesses' affidavits before a notary or other officer authorized to give oaths, using the statutory form. A self-proved will can be admitted to probate without testimony from the witnesses. KRS 394.225

Requirements for a valid will: Louisiana calls a will a 'testament.' A person 16 or older may make a testament, and must be able to understand generally the nature and consequences of the disposition. A notarial testament must be in writing, dated, and signed by the testator, two witnesses, and a notary, executed before the notary in the presence of the two witnesses. The signature and date may appear anywhere in the document. A witness cannot be insane, blind, under 16, or unable to sign his or her name. La. Civ. Code arts. 1476, 1477, 1576, 1581

Self-proving affidavit: A notarial testament needs no further proof in court if it is signed on each page and includes a declaration, signed by the notary and witnesses, that the testator declared it to be his testament and signed each page. The same declaration may instead be made in a separate affidavit signed by the notary and witnesses after the testament was signed. Otherwise, the testament is proved by testimony (or affidavits) of the notary and witnesses. La. Code Civ. Proc. art. 2887

Requirements for a valid will: An individual of sound mind who is 18 or older, or a legally emancipated minor, may make a will. A will must be in writing, signed by the testator (or by someone else in the testator's conscious presence and at the testator's direction), and signed by at least 2 witnesses, each within a reasonable time after seeing the testator sign or acknowledge the signature or the will. Any person generally competent to be a witness may witness; a will signed by an interested witness is still valid. 18-C M.R.S. §§ 2-501, 2-502, 2-504

Self-proving affidavit: Yes. A will can be made self-proved when signed, or at any later time, by the testator's acknowledgment and the witnesses' affidavits made before a notary or other officer authorized to administer oaths, using the certificate wording set out in the statute. 18-C M.R.S. § 2-503

Requirements for a valid will: A person 18 or older who is legally competent may make a will. The will must be in writing, signed by the testator (or by another person at the testator's direction and in the testator's presence), and attested and signed by two or more credible witnesses in the testator's presence. Electronic and remotely witnessed wills are allowed only under the special procedures in the statute, including a supervising attorney and a paper 'certified will.' Md. Code, Estates & Trusts § 4-102

Self-proving affidavit: Maryland has no separate self-proving affidavit statute. Instead, the Register of Wills assumes the will was properly signed if it appears duly executed and contains a recital by the attesting witnesses of the facts of due execution (an attestation clause). Without that recital, a verified statement from someone with personal knowledge of the signing is needed. Md. Code, Estates & Trusts § 5-303

Requirements for a valid will: An individual 18 or older who is of sound mind may make a will. The will must be in writing, signed by the testator (or by someone else in the testator's conscious presence and at the testator's direction), and signed by at least 2 witnesses who each saw the testator sign or acknowledge the signature or the will. M.G.L. c. 190B, §§ 2-501, 2-502

Self-proving affidavit: Yes. A will can be made self-proved when signed, or later, by the testator's acknowledgment and the witnesses' affidavits before a notary or other officer authorized to administer oaths, using the certificate wording in the statute, under the officer's seal. M.G.L. c. 190B, § 2-504

Requirements for a valid will: Anyone 18 or older with sufficient mental capacity may make a will. Capacity means understanding that the will passes property at death, knowing the nature and approximate value of one's property, knowing the people who would naturally inherit, and understanding the general effect of signing. The will must be in writing, signed by the testator (or by another person in the testator's name, in the testator's conscious presence and at the testator's direction), and signed by at least two witnesses, each within a reasonable time after seeing the signing or the testator's acknowledgment. A will signed by an interested witness is still valid. MCL 700.2501, 700.2502, 700.2505

Self-proving affidavit: A will can be made self-proved at signing or at any later time by the testator's acknowledgment and the two witnesses' sworn statements before an officer authorized to administer oaths (such as a notary), with the officer's certificate attached. Michigan also allows a non-sworn written statement signed by the testator and witnesses, dated, and made under penalty of perjury under Michigan law. MCL 700.2504

Requirements for a valid will: Any person 18 or older who is of sound mind may make a will. The will must be in writing, signed by the testator (or by someone else in the testator's name, in the testator's conscious presence and at the testator's direction), and signed by at least two witnesses, each within a reasonable time after seeing the testator sign or acknowledge the signature or the will. Minn. Stat. §§ 524.2-501, 524.2-502

Self-proving affidavit: A will can be made self-proved when it is signed, or at any later time, by the testator's acknowledgment and the witnesses' affidavits made before an officer authorized to administer oaths (such as a notary), using the statutory form. Minn. Stat. § 524.2-504

Requirements for a valid will: Anyone 18 or older of sound and disposing mind may make a will. The will must be in writing and signed by the testator (or by another person in the testator's presence and at the testator's express direction). Unless it is entirely handwritten and signed by the testator, it must be attested by at least two credible witnesses in the testator's presence. Miss. Code Ann. § 91-5-1

Self-proving affidavit: A will's execution may be proved by affidavits of the subscribing witnesses, stating each witness's address, attached to or made part of the will. These affidavits may be signed at the time the will is signed. Otherwise, at least one living, competent subscribing witness must prove the will, or, if none can be produced, the handwriting of the testator and witnesses may be proved. Miss. Code Ann. § 91-7-7

Requirements for a valid will: Any person of sound mind who is 18 or older, or a minor emancipated by court order, marriage or active military duty, may make a will. The will must be in writing, signed by the testator (or by someone at the testator's direction and in the testator's presence), and attested by two or more competent witnesses who sign in the testator's presence. RSMo §§ 474.310, 474.320

Self-proving affidavit: A will can be made self-proved at signing or at any later date: the testator and witnesses appear before an officer authorized to administer oaths (such as a notary), are sworn, and the officer attaches a certificate stating the will was properly signed and witnessed. RSMo § 474.337

Requirements for a valid will: Anyone 18 or older and of sound mind may make a will. A witnessed will must be in writing, signed by the person making it (or by someone else in their conscious presence and at their direction), and signed by at least two people who saw the signing or heard the person acknowledge the signature or the will. Mont. Code Ann. §§ 72-2-521, 72-2-522(1)

Self-proving affidavit: A will can be made self-proved, either when it is signed or later, by the testator's acknowledgment and the witnesses' affidavits sworn before a notary or other officer authorized to give oaths, using the statutory form. Mont. Code Ann. § 72-2-524

Requirements for a valid will: Anyone 18 or older (or otherwise not a minor) and of sound mind may make a will. A will must be in writing, signed by the person making it (or by someone else in their presence and at their direction), and signed by at least two witnesses who each saw the signing or heard the person acknowledge the signature or the will. Neb. Rev. Stat. §§ 30-2326, 30-2327

Self-proving affidavit: A will may be made self-proved when signed by the testator's acknowledgment and the witnesses' affidavits sworn before a notary or other officer authorized to give oaths, using the statutory form. The self-proving signatures also satisfy the signing requirements for the will. Neb. Rev. Stat. § 30-2329

Requirements for a valid will: Any person of sound mind who is over 18 may make a will. The will must be in writing, signed by the person making it, and signed by at least two competent witnesses in the testator's presence. Nevada also recognizes electronic wills that are created and kept as an electronic record and contain the date and the testator's electronic signature. NRS 133.020, 133.040, 133.085

Self-proving affidavit: Yes. Each attesting witness may sign a declaration under penalty of perjury, or an affidavit before a notary or other officer who can give oaths, so the will can be admitted to probate without the witnesses testifying in court. NRS 133.050

Requirements for a valid will: Anyone 18 or older, and a married person under 18, who is of sane mind may make a will. The will must be in writing, signed by the person making it (or by someone else at their express direction and in their presence), and signed by 2 or more credible witnesses at the will-maker's request. No seal is required. N.H. RSA 551:1, 551:2

Self-proving affidavit: A will can be made self-proved when the will-maker and witnesses sign before a notary public, justice of the peace, or other official authorized to give oaths, who completes the acknowledgment and affidavit wording set out in the statute. A will meeting the Uniform International Wills Act (RSA 551-A) also counts as self-proved. N.H. RSA 551:2-a

Requirements for a valid will: Any person 18 or older who is of sound mind may make a will. A standard will must be in writing, signed by the will-maker (or by someone else in the will-maker's name, at their direction and in their presence), and signed by at least 2 people who each witnessed the signing or the will-maker's acknowledgment of the signature or of the will. N.J.S. 3B:3-1, 3B:3-2(a)

Self-proving affidavit: A will can be signed, witnessed and made self-proved at the same time: the will-maker acknowledges the will and the witnesses sign affidavits before an officer authorized to take acknowledgments in New Jersey (listed in R.S. 46:14-6.1), using the form wording in the statute. N.J.S. 3B:3-4

Requirements for a valid will: A person 18 or older, or an emancipated minor, who is of sound mind may make a will. The will must be in writing, signed by the testator (or by someone else in the testator's conscious presence and at their direction), and signed by at least two witnesses, each of whom signs in the presence of the testator and of each other after watching the testator sign. NMSA 1978, §§ 45-2-501, 45-2-502

Self-proving affidavit: Yes. A will can be made self-proved at signing or later: the testator and witnesses sign sworn affidavits before a notary or other officer who gives oaths, using the statutory form, and the officer certifies them under seal. NMSA 1978, § 45-2-504

Requirements for a valid will: Anyone 18 or older who is of sound mind and memory may make a will. The will must be signed at the end by the will-maker (or by another person in the will-maker's presence and at their direction, who also signs their own name and address but does not count as a witness). The will-maker must sign or acknowledge the signature in front of each of at least two witnesses and declare that the document is their will. The witnesses must sign within one 30-day period and should add their home addresses. Anything written below the signature (other than the attestation clause) is disregarded. N.Y. Est. Powers & Trusts Law §§ 3-1.1, 3-2.1

Self-proving affidavit: Yes. Any or all of the attesting witnesses may sign a sworn affidavit before an officer authorized to administer oaths (such as a notary) stating the facts showing the will was properly signed and that the will-maker was competent and not under restraint. The court accepts it in place of witness testimony unless someone objects or the court requires the witness to appear. N.Y. Surr. Ct. Proc. Act § 1406

Requirements for a valid will: Anyone 18 or older and of sound mind may make a will. An attested (witnessed) will must be in writing and signed by the will-maker, or by another person at the will-maker's direction and in their presence. The will-maker must sign in front of, or acknowledge the signature to, at least two competent witnesses, who must sign in the will-maker's presence. The witnesses do not have to sign in each other's presence. N.C. Gen. Stat. §§ 31-1, 31-3.3

Self-proving affidavit: Yes. A witnessed will can be made self-proved, either when it is signed or later, by the will-maker's acknowledgment and the witnesses' sworn affidavits before an officer authorized to administer oaths (such as a notary), with the officer's certificate under seal. The statute provides the affidavit wording. N.C. Gen. Stat. § 31-11.6

Requirements for a valid will: Any adult (18 or older) of sound mind may make a will. The will must be in writing and signed by the testator (or by another person in the testator's conscious presence and at the testator's direction). It must then either be signed by at least two witnesses, each of whom signs within a reasonable time after seeing the testator sign or acknowledge the signature or the will, or be acknowledged by the testator before a notary public or other officer authorized to take acknowledgments. N.D. Cent. Code §§ 30.1-08-01, 30.1-08-02

Self-proving affidavit: A witnessed will can be made self-proved at signing by the testator's acknowledgment and the witnesses' affidavits, made before an officer authorized to administer oaths and evidenced by the officer's certificate under official seal, in substantially the form set out in the statute. N.D. Cent. Code § 30.1-08-04

Requirements for a valid will: A person 18 or older, of sound mind and memory, and not under restraint may make a will. A will (other than an oral will) must be in writing, handwritten or typed, and signed at the end by the testator (or by another person in the testator's conscious presence and at the testator's express direction). It must be attested and subscribed in the testator's conscious presence by two or more competent witnesses who saw the testator sign or heard the testator acknowledge the signature. Ohio Rev. Code 2107.02; 2107.03

Self-proving affidavit: Ohio has no separate self-proving affidavit procedure. The probate court admits a will to probate if proper execution appears from the face of the will; the court may, if it chooses, require testimony from the witnesses. Ohio Rev. Code 2107.18

Requirements for a valid will: Any person over 18 who is of sound mind may make a will. Except for holographic (handwritten) and nuncupative (oral) wills, the will must be in writing and signed at the end by the testator (or by someone else in the testator's presence and at his or her direction). The testator must sign in front of the witnesses or acknowledge the signature to them, and must declare to them that the document is his or her will. Two attesting witnesses must sign at the end of the will, at the testator's request and in the testator's presence. A person under a guardianship or conservatorship may still make a will, but it must be signed and acknowledged in the presence of a district judge. 84 O.S. § 41; 84 O.S. § 55; 84 O.S. § 56

Self-proving affidavit: Yes. A witnessed will (or a codicil) may be made self-proved at signing or later while the testator and witnesses are alive, either by the testator's acknowledgment and the witnesses' affidavits before a notary or other officer using the statutory certificate, or by written declarations of the testator and witnesses signed under penalty of perjury in the statutory form (no notary needed). A self-proved will is admitted to probate without witness testimony unless it is contested. 84 O.S. § 55(5)-(7)

Requirements for a valid will: Any person who is 18 or older, or who has been lawfully married or emancipated, and who is of sound mind may make a will. The will must be in writing and signed by the testator (or by another person at the testator's direction, or the testator must acknowledge an earlier signature) in the presence of each witness. At least two witnesses must see the signing, hear the acknowledgment, or observe the direction to sign, and must sign the will within a reasonable time before the testator's death. An electronic record does not count as a 'writing' for these purposes. ORS 112.225; ORS 112.235

Self-proving affidavit: Oregon does not use a notarized self-proving affidavit as such. Instead, an affidavit of an attesting witness may be used in place of the witness's appearance in court when the will is admitted to probate; the affidavit may be signed at the time the will is signed or later. An interested person may ask the court, within 30 days after information about the estate is first mailed or delivered, to require the witness to appear. ORS 113.055

Requirements for a valid will: Any person 18 or older who is of sound mind may make a will. The will must be in writing and signed by the testator at the end; writing that appears after the signature does not invalidate what comes before it. If the testator signs by mark, or another person signs the testator's name at the testator's express direction, two witnesses must sign in the testator's presence (and, for a signature by another person, the testator must declare the document to be his or her will in front of them). A will is also valid in Pennsylvania if it was signed in compliance with the law of the place where the testator lived when it was signed or at death. 20 Pa.C.S. § 2501; § 2502; § 2504.1

Self-proving affidavit: Yes. An attested will may be made self-proved, at signing or any later date, by the testator's acknowledgment and the witnesses' affidavits made before an officer authorized to administer oaths (such as a notary public), or before a Pennsylvania attorney and certified to such an officer, evidenced by the officer's certificate under seal attached to the will. The statute sets out an acknowledgment and affidavit form (a Uniform Probate Code form may also be used). Unless the will is contested or was signed by mark or by another person, the Register accepts the affidavits as proof without further testimony. 20 Pa.C.S. § 3132.1

Requirements for a valid will: A person of sound mind who is 18 or older may make a will. The will must be in writing and signed by the person making it (or by someone else in their presence and at their express direction). The signature must be made or acknowledged in front of two or more witnesses present at the same time, and the witnesses must sign in the presence of the person making the will. R.I. Gen. Laws §§ 33-5-2, 33-5-5

Self-proving affidavit: One or more of the witnesses may sign an affidavit before a notary or other officer authorized to give oaths (in or out of state), at any time after the will is signed, stating the facts of its execution. If no one objects, the affidavit is enough evidence that the will was properly signed, so witnesses need not testify. R.I. Gen. Laws § 33-7-26

Requirements for a valid will: Any person of sound mind who is not a minor may make a will. The will must be in writing, signed by the testator (or by someone else in the testator's presence and at the testator's direction), and signed by at least two witnesses who saw the signing or the testator's acknowledgment of the signature or the will. S.C. Code §§ 62-2-501, 62-2-502

Self-proving affidavit: A will can be made self-proved when signed, or at any later time, through the testator's acknowledgment and the witnesses' affidavits sworn before a notary or other officer authorized to give oaths, using the statutory form. A self-proved will can be admitted without testimony from the witnesses. S.C. Code § 62-2-503

Requirements for a valid will: An individual who is 18 or older and of sound mind may make a will. A will that is not a holographic will must be in writing, signed by the testator (or in the testator's name by another person in the testator's conscious presence and at the testator's direction), and signed by at least two individuals who, in the testator's conscious presence, witnessed either the signing or the testator's acknowledgment of the signature. Intent that a document be a will may be shown by outside evidence. SDCL 29A-2-501; SDCL 29A-2-502

Self-proving affidavit: Yes. A will may be made self-proved either when it is signed or at any later time, by the testator's acknowledgment and the witnesses' affidavits made before an officer authorized to administer oaths (such as a notary public), with the officer's certificate and seal. The statute sets out suggested forms for both the simultaneous and the later self-proving affidavit. SDCL 29A-2-504

Requirements for a valid will: Any person of sound mind who is 18 or older may make a will. Except for holographic and nuncupative wills, the testator must tell the witnesses that the document is the testator's will and sign it (or acknowledge an earlier signature, or have someone else sign at the testator's direction and in the testator's presence) in the presence of at least two attesting witnesses. The witnesses must sign in the presence of the testator and of each other. Tenn. Code Ann. § 32-1-102; § 32-1-104

Self-proving affidavit: Yes. The attesting witnesses may sign an affidavit before any officer authorized to administer oaths, at the testator's request or after death at the request of the executor or an interested person, stating the facts they would testify to in court. The affidavit is written on or attached to the will, and if the will is not contested the court accepts it as if the witnesses had testified in court. Tenn. Code Ann. § 32-2-110

Requirements for a valid will: A person of sound mind may make a will if 18 or older, is or has been married, or is serving in the U.S. armed forces (or an auxiliary or the U.S. Maritime Service). The will must be in writing, signed by the testator (or by another person in the testator's presence and at the testator's direction), and attested by two or more credible witnesses at least 14 years old who sign in the testator's presence. Tex. Estates Code §§ 251.001, 251.051

Self-proving affidavit: Yes. The testator and the attesting witnesses sign a self-proving affidavit before an officer authorized to administer oaths (such as a notary), who affixes an official seal; it is attached to the will. Alternatively, the will can be executed, attested and made self-proved at the same time using statutory language. A self-proved will can be admitted to probate without witness testimony. Tex. Estates Code §§ 251.101-251.1045

Requirements for a valid will: A person 18 or older with testamentary capacity may make a will. Capacity means the person can identify family members and others in his or her life, understands those relationships and the nature and extent of his or her property, and can form a plan for disposing of it; capacity is presumed even if the person is under a guardianship or conservatorship. A will must be in writing, signed by the testator (or by someone else in the testator's conscious presence and at his or her direction), and signed by at least two witnesses, each within a reasonable time after seeing the signing or the testator's acknowledgment of the signature or of the will. An interested witness does not invalidate the will. Utah also recognizes electronic wills signed by the testator and two witnesses in the testator's physical or electronic presence. Utah Code §§ 75-2-501, 75-2-502, 75-2-505, 75-2-1405

Self-proving affidavit: Yes. A will may be made self-proved at signing, or at any later time, by the testator's acknowledgment and the witnesses' affidavits before a notary or other officer authorized to administer oaths, using the statutory certificate form. Utah Code § 75-2-504

Requirements for a valid will: A person who is 18 or older (or emancipated by court order) and of sound mind may make a will. The will must be in writing and signed by the testator, or by another person in the testator's presence at the testator's express direction, in the presence of two or more credible witnesses. The witnesses must attest and sign the will in the testator's presence and in each other's presence. A gift to a witness (or the witness's spouse) is voidable unless there are two other competent witnesses. Military wills prepared under federal law are also valid. 14 V.S.A. § 1; 14 V.S.A. § 5; 14 V.S.A. § 7; 14 V.S.A. § 10

Self-proving affidavit: Yes. A will may be made self-proved by a sworn acknowledgment of the testator and the witnesses before a notary public or other officer authorized to administer oaths where the will is signed. It states that the testator signed (or directed another to sign) in the presence of two witnesses as a free and voluntary act, that each witness signed at the testator's request in the presence of the testator and the other witness, and that, to the witnesses' knowledge, the testator was 18 or emancipated, of sound mind, and free of constraint or undue influence. 14 V.S.A. § 108

Requirements for a valid will: Any individual may make a will unless he or she is of unsound mind or an unemancipated minor. The will must be in writing and signed by the testator (or by another person in the testator's presence and at the testator's direction) in a way that shows the name is meant as a signature. A will not wholly in the testator's handwriting must be signed or acknowledged by the testator in the presence of at least two competent witnesses who are present at the same time and who sign in the testator's presence; no particular attestation wording is required. A court may treat a document that does not meet these formalities as a valid will if clear and convincing evidence shows the decedent intended it to be a will, but this cannot excuse a missing testator signature (except in narrow mix-up cases) and must be raised in circuit court within one year after death. Va. Code § 64.2-401; § 64.2-403; § 64.2-404

Self-proving affidavit: Yes. At signing or any later time, a will may be made self-proved by the testator's acknowledgment and the attesting witnesses' affidavits made before an officer authorized to administer oaths (such as a notary public), evidenced by the officer's certificate attached to the will in substantially the statutory form. The court accepts the affidavits as if the witnesses had testified in person. A self-proved codicil that expressly republishes the will also self-proves the will. Va. Code § 64.2-452

Requirements for a valid will: Any person of sound mind who is 18 or older may make a will. The will must be in writing and signed by the testator, or by another person at the testator's direction in the testator's presence or electronic presence, and must be attested by two or more competent witnesses who sign their names to the will. A will executed in another place in the manner required by that place's law is also treated as validly executed. Washington also allows electronic wills, including signing and witnessing through electronic presence. RCW 11.12.010; RCW 11.12.020; RCW 11.12.400 to 11.12.491

Self-proving affidavit: Yes. Attesting witnesses may sign an affidavit, sworn before any person authorized to administer oaths, stating the facts they would otherwise testify to in court to prove the will. It may be made at the testator's request, or after death at the request of the executor or an interested person, and may be written on or attached to the will (or logically associated with an electronic will). The court accepts it as if the testimony had been taken in court. RCW 11.20.020

Requirements for a valid will: Any person 18 or older who is of sound mind may make a will. The will must be in writing and signed by the testator (or by another person in the testator's presence and at the testator's direction) in a way that shows the name is meant as a signature. Unless the will is entirely in the testator's handwriting, the testator must sign or acknowledge the will in the presence of at least two competent witnesses present at the same time, and the witnesses must sign in the presence of the testator and of each other. No particular attestation wording is required. W. Va. Code § 41-1-2; § 41-1-3

Self-proving affidavit: West Virginia allows witness affidavits made while the testator is living. At the testator's request, the attesting witnesses may sign affidavits before any officer authorized to administer oaths, in or out of state, stating the facts they would testify to in court to prove the will. If the testator keeps the affidavits with the will, they are admissible at probate with the same effect as live testimony, except in a will contest. W. Va. Code § 41-5-15

Requirements for a valid will: Any person of sound mind who is 18 or older may make a will. The will must be in writing and signed by the testator (or by another person at the testator's direction and in the testator's conscious presence). At least two witnesses must sign within a reasonable time after seeing the testator sign, or after the testator acknowledges the signature or the will, in the witness's conscious presence; the two witnesses may observe at different times. Witnessing by real-time two-way audio-video is allowed if the signing is supervised by a Wisconsin-licensed attorney, everyone is physically in Wisconsin, the will states it is executed under this procedure, and the other statutory steps are followed. A will validly executed under the law of the place where it was signed, or of the testator's residence or domicile, is also valid. Wis. Stat. § 853.01; § 853.03; § 853.05

Self-proving affidavit: Yes. A will may be made self-proved either at signing (one-step) or at any later time (two-step) by an affidavit of the testator and the witnesses sworn before an officer authorized to administer oaths, using the statutory form, with the officer's certificate under official seal. Wis. Stat. § 853.04

Requirements for a valid will: Any person of legal age and sound mind may make a will. Except for a holographic will, a will must be in writing (or typewritten), signed by the testator (or by someone in the testator's presence and at his or her express direction), and witnessed by two competent witnesses. Witnesses may appear in person or by real-time audio-video technology if they can see and hear the testator, judge the testator's competency, securely sign electronically, and confirm the testator is signing freely. A witness who benefits under the will generally cannot take that benefit unless there are two other disinterested witnesses (but may still receive up to his or her intestate share). W.S. 2-6-101; W.S. 2-6-112

Self-proving affidavit: Yes. A will may be executed, attested and made self-proved at the same time by the testator's acknowledgment and the witnesses' affidavits before an officer authorized to administer oaths (such as a notary), using the statutory form. The form allows witnesses appearing by audio-video technology to sign electronically by secure means. A self-proved will can be admitted to probate without witness testimony. W.S. 2-6-114; W.S. 2-6-204