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

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 cases, your will document isn’t legally binding until you’ve signed it in front of one or more witnesses.

Why do you need a witnessed will? Your will is an essential document in which you make critical decisions about who you want to receive your property and care 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 front of a 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 your estate can be distributed, the court has to validate, or prove, your will. The probate court will 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 has been proven, your executor will carry out the wishes you outlined in your will and distribute your property to your desired beneficiaries.

How many witnesses need to sign my will?

In the United States, witnessing laws vary depending on which state you live in. Most states require two disinterested witnesses to sign the document alongside the will-maker. (More on that below.) If you make your will using FreeWill’s online will platform, we include witnessing instructions specific to the state where you live.

Do I need to have my will notarized?

Currently, Louisiana is the only state that requires a will to be notarized to be legally valid.

In most states, you have the option to have your will notarized and make it self-proving with a self-proving affidavit. A self-proving affidavit is an optional document, signed by a notary, that “proves” the validity of your will. This means your witnesses won’t have to testify in probate court, which can save time. Learn more about self-proving affidavits.

Who can witness your will?

So, can anyone be a witness to your will? The short answer is no. There are some basic requirements for who can witness your will.

Your witnesses should be legal adults (18 in most states) and of sound mind. They should also be “disinterested,” meaning they aren’t related to you by blood or marriage, and that they don’t stand to inherit anything from your estate.

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 who is listed in your will or stands to inherit something under your will 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 anyone related to them
• Someone who is likely to pass away before you (like a parent)
• A minor, or someone below the age of 18

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

If your will isn’t witnessed, that means there’s no one who has the authority to prove that your will is authentic. This could lead to your will being challenged in probate court or being thrown out completely. If your will is thrown out, then your estate will be distributed according to 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?

Unless you live in Louisiana, you don’t need to have your will notarized to make it valid. But if you’re looking for a notary public, you can find them 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 notary usually isn’t a substitute for witness signatures. Only Colorado and North Dakota allow will-makers to have their will notarized instead of witnessed.

Can a beneficiary witness a will?

No, they shouldn’t. Since your beneficiaries have a financial interest in your will and estate, it’s usually not a good idea to have them witness your will. This conflict of interest could cause your will to be challenged during probate.

Can an executor witness a will?

No, they shouldn’t. Anyone listed in your will shouldn’t serve as a witness to avoid an actual or perceived conflict of interest.

Can a notary witness a will?

This may vary depending on which state you live in, but estate attorneys don’t usually recommend having a notary witness your will. Typically, a notary can serve as either a notary or a witness, but they can’t be both in a single document.

Can a stranger be a witness to a will?

Technically, yes, 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.

Make will-witnessing a breeze

Having your will witnessed only takes a few minutes and can provide you with a lifetime of peace and security. If you still need to create your last will and testament, consider using FreeWill’s free online will-making software. You can create a will document tailored to your wishes in just 20 minutes. And we also include witnessing instructions specific to the state where you live. Get started today.