![]() ![]() A beneficiary's spouse might also be disqualified from serving as a witness in some states. Most states require that witnesses be "disinterested"-in other words, that they do not stand to inherit under the terms of the will. Witnesses Should Be Disinterested (Not Beneficiaries Under the Will) The requirements vary from state to state, but here are the basic rules: Witnesses Must Be AdultsĮach witness must be a legal adult, which usually means 18 or over. ((For a more general overview of the requirements for a valid will, see How To Determine if a Will is Valid.) Who Can Be a Witness for a Will Signing? But self-proving affidavits are not necessary your will is valid without them, so long as it meets the witnessing and other requirements. If you make your will self-proving by attaching these statements, your witnesses won't need to come to court after your death to testify. These statements are called self-proving affidavits, and can help your loved ones save a few steps later on during the probate process. That said, it's very common to take an extra step of attaching notarized sworn statements from your witnesses. Only two states, Colorado and North Dakota, currently allows will makers to choose to have their signatures notarized instead of witnessed. When you're talking about a will, a notarized signature is not the same thing as a witnessed signature. While state laws on the requirements of a will can vary, almost all states require two disinterested (see below) witnesses. How Many Witnesses Are Necessary for a Will? But if there are witnesses, they can come to court and testify that the will maker stated the document was the will maker's will, and appeared to be of sound mind and not under any undue influence. Why this extra level of formality and caution, when it's not required for other important documents such as contracts or promissory notes? The simple answer is that by the time a will takes effect, the person who signed it is no longer around to say whether or not the document that's being presented to the probate court is really that person's will. The witnesses must know that the document is intended to be that person's will, and they must also sign the document themselves. Unlike other legal documents, a will generally isn't valid unless two adult witnesses watch the will-maker sign it. Usually the witnesses will watch the will signing, and then sign a statement that the will maker was of sound mind and not under undue influence.Notarization isn't required, but it can be helpful to have a "self-proving affidavit" notarized and attached to the will.These witnesses must usually be "disinterested"-not inheriting anything. In most states, two witnesses must sign a will for it to be valid. ![]()
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