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 choices | Risky choices | Usually not allowed |
|---|---|---|
| Adult friends or neighbors who inherit nothing | Anyone named as a beneficiary | Minors |
| Coworkers | A beneficiary’s spouse or close relative | People who don’t understand what they’re witnessing |
| Staff at a law office, bank or notary service | Your executor (allowed in many states, but adds risk) |
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
- Watch you sign the will, or watch you confirm that the signature on it is yours.
- Sign the will themselves, usually in your presence and each other’s.
- Print their names and addresses so they can be found later.
- 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
- Handwritten (holographic) wills may need no witnesses in states that recognize them. See is a handwritten will valid.
- Notarized wills can replace witnesses in a few states, such as Colorado. See does a will need to be notarized.
- Electronic and remote witnessing is allowed in some states under specific rules. See remote online notarization.
Frequently asked questions
Two adult witnesses in nearly every state. A handful of exceptions apply to handwritten wills and notarized wills in certain states.
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.
Many states allow it, but if your executor also inherits under the will, it can create problems. Choose someone else when you can.
No. Witnesses only confirm that you signed the document and appeared to do so willingly. The contents can stay private.
The will remains valid. If you added a self-proving affidavit, the court usually won’t need to hear from the witnesses at all.
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.
Keep reading
- How to Sign, Store and Update Your Legal DocumentsA will or power of attorney only works if it's signed correctly, kept where people can find it and kept current. Learn the rules for witnesses, notaries, storage and updates.
- Does a Will Need to Be Notarized?In most states a will doesn't need a notary to be valid, but notarizing a self-proving affidavit can speed up probate. Learn when a notary matters and when witnesses are enough.
- Is a Handwritten Will Valid? Holographic Wills ExplainedAbout half of U.S. states accept handwritten (holographic) wills without witnesses. Learn the requirements, the risks, and why a witnessed will is usually the safer choice.
- What Is a Self-Proving Affidavit for a Will?A self-proving affidavit is a notarized statement signed with your will that lets the probate court accept it without contacting your witnesses. Here's how it works.
- Remote Online Notarization: Can You Notarize Documents Online?Most states now allow remote online notarization over live video. Learn how it works, which documents can be notarized online, and the extra rules for wills.
- Where to Keep Your Will and Estate Planning DocumentsYour original will needs to be safe and easy to find. Compare home safes, safe deposit boxes, attorneys and court filing, and learn where to keep powers of attorney and health documents.
- How Often Should You Update Your Estate Plan?Review your will, powers of attorney and beneficiaries every three to five years and after major life events. Here's what to check and how to make changes the right way.
Don’t leave your family guessing
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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.