How Many Witnesses Do You Need for a Will?

Usually two. Here's who should witness your will, what they do, and the mistakes to avoid.

By No Brainer Forms Team Updated 3 min read

Key Takeaways

  • Two adult witnesses is the rule in nearly every state.
  • Witnesses must usually watch you sign (or hear you acknowledge your signature) and then sign themselves.
  • Use disinterested witnesses: people who don’t inherit anything under the will. In some states, a gift to a witness can be reduced or cancelled.
  • Witnesses don’t need to read the will or know what’s in it.
  • Handwritten wills may need no witnesses in states that accept them.

The usual rule: two witnesses

Almost every state requires a typed will to be signed by two witnesses. Their job is simple: confirm that you’re the person signing, that you seemed to understand what you were doing, and that nobody was forcing you. If the will is ever challenged, the witnesses are the people who can say what happened that day.

Who should be a witness

Good choicesRisky choicesUsually not allowed
Adult friends or neighbors who inherit nothingAnyone named as a beneficiaryMinors
CoworkersA beneficiary’s spouse or close relativePeople who don’t understand what they’re witnessing
Staff at a law office, bank or notary serviceYour executor (allowed in many states, but adds risk)
Choosing witnesses for your will

The safest witnesses are adults who have no stake in your will. That way nobody can later claim a witness pressured you to benefit themselves or their family.

What happens if a beneficiary witnesses the will?

The will itself usually stays valid, but the gift to that witness can be at risk. Depending on the state, a witness who inherits may lose their gift, have it cut down to what they would have received without a will, or be required to prove there was no undue influence. Some states have no penalty at all. Using two disinterested witnesses avoids the question entirely.

What witnesses actually do

  1. Watch you sign the will, or watch you confirm that the signature on it is yours.
  2. Sign the will themselves, usually in your presence and each other’s.
  3. Print their names and addresses so they can be found later.
  4. Optionally, sign a self-proving affidavit in front of a notary so they won’t need to testify later. See what is a self-proving affidavit.

Witnesses don’t need to read your will, and you don’t have to tell them what it says.

Exceptions to the two-witness rule

Frequently asked questions

How many witnesses does a will need?

Two adult witnesses in nearly every state. A handful of exceptions apply to handwritten wills and notarized wills in certain states.

Can a family member witness my will?

Often yes, as long as they don’t inherit anything and aren’t married to someone who does. Choosing unrelated witnesses is the safest approach.

Can my executor be a witness?

Many states allow it, but if your executor also inherits under the will, it can create problems. Choose someone else when you can.

Do witnesses need to see what’s in the will?

No. Witnesses only confirm that you signed the document and appeared to do so willingly. The contents can stay private.

What if one of my witnesses dies before I do?

The will remains valid. If you added a self-proving affidavit, the court usually won’t need to hear from the witnesses at all.

Do witnesses have to sign at the same time?

It’s best practice for you and both witnesses to sign together at the same sitting. Some states are more flexible, but signing together avoids disputes.

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This guide is general educational information written by the No Brainer Forms Team. It is not legal advice, and No Brainer Forms is not a law firm. Laws and signing requirements vary by state; for advice about your situation, talk to a licensed attorney in your state.