Wills by state determine what makes your will legally valid, how many witnesses you need, whether a handwritten will counts, and how to make your will easier to accept in probate court. Every state lets you write a will, but the signing rules differ — and getting them wrong can make your will invalid when your family needs it most. This plain-English guide compares wills by state for all 50 states, with a link to each state’s full wills and estate-planning guide.
Click any state below to read its full wills and estate-planning guide, with the exact signing rules, witness requirements, and step-by-step instructions for that state.
Quick Facts — U.S. Wills by State (2026)
- All 50 states require a will to be in writing and signed by the will-maker (the testator)
- Every state requires two witnesses who watch you sign — the single most common reason a will is thrown out is a witness problem
- About half the states accept a holographic will (one written entirely by hand and signed, with no witnesses); the rest do not
- Nearly every state allows a self-proving affidavit — a notarized add-on that lets the court accept your will without tracking down your witnesses later
- A few states, including California, Ohio, Maryland, and Mississippi, do not use the standard self-proving affidavit
- No state requires a lawyer to write a will, but the signing formalities must be followed exactly for it to be valid
Wills by State — All 50 States Compared
The table below shows the core of wills by state for all 50 states. Here is what each column means:
Witnesses Required = how many people must watch you sign your will and sign it themselves. Every state requires two.
Holographic Will = whether the state accepts a will written entirely in your own handwriting with no witnesses. “Limited” means it is accepted only in narrow situations.
Self-Proving Affidavit = whether the state lets you attach a notarized statement so the court can accept your will without contacting your witnesses after your death.
| State | Witnesses Required | Holographic Will | Self-Proving Affidavit |
|---|---|---|---|
| Alabama | 2 | No | Yes |
| Alaska | 2 | Yes | Yes |
| Arizona | 2 | Yes | Yes |
| Arkansas | 2 | Yes | Yes |
| California | 2 | Yes | No |
| Colorado | 2 | Yes | Yes |
| Connecticut | 2 | No | Yes |
| Delaware | 2 | No | Yes |
| Florida | 2 | No | Yes |
| Georgia | 2 | No | Yes |
| Hawaii | 2 | Yes | Yes |
| Idaho | 2 | Yes | Yes |
| Illinois | 2 | No | Yes |
| Indiana | 2 | No | Yes |
| Iowa | 2 | No | Yes |
| Kansas | 2 | No | Yes |
| Kentucky | 2 | Yes | Yes |
| Louisiana | 2 | No | Yes |
| Maine | 2 | Yes | Yes |
| Maryland | 2 | Limited | No |
| Massachusetts | 2 | No | Yes |
| Michigan | 2 | Yes | Yes |
| Minnesota | 2 | No | Yes |
| Mississippi | 2 | Yes | No |
| Missouri | 2 | No | Yes |
| Montana | 2 | Yes | Yes |
| Nebraska | 2 | Yes | Yes |
| Nevada | 2 | Yes | Yes |
| New Hampshire | 2 | No | Yes |
| New Jersey | 2 | Yes | Yes |
| New Mexico | 2 | No | Yes |
| New York | 2 | Limited | Yes |
| North Carolina | 2 | Yes | Yes |
| North Dakota | 2 | Yes | Yes |
| Ohio | 2 | No | No |
| Oklahoma | 2 | Yes | Yes |
| Oregon | 2 | No | Yes |
| Pennsylvania | 2 | Yes | Yes |
| Rhode Island | 2 | Limited | Yes |
| South Carolina | 2 | No | Yes |
| South Dakota | 2 | Yes | Yes |
| Tennessee | 2 | Yes | Yes |
| Texas | 2 | Yes | Yes |
| Utah | 2 | Yes | Yes |
| Vermont | 2 | No | Yes |
| Virginia | 2 | Yes | Yes |
| Washington | 2 | No | Yes |
| West Virginia | 2 | Yes | Yes |
| Wisconsin | 2 | No | Yes |
| Wyoming | 2 | Yes | Yes |
Witness and signing rules reflect each state’s core requirements for a valid will; some states add notarization or specific wording for the self-proving affidavit. Holographic-will acceptance often comes with strict conditions. Always confirm the current rule in your state guide below.
Wills by State — What Makes a Will Valid
The foundation of wills by state is a short list of formalities that almost every state shares. To make a valid will, you must be a legal adult (18 in most states) and of sound mind, the will must be in writing, you must sign it, and two witnesses must watch you sign and then sign it themselves. These witnesses generally should not be people who inherit under the will, because a beneficiary-witness can lose their gift or even invalidate part of the document in some states.
What changes from state to state is the fine print: whether a handwritten will counts, exactly who can serve as a witness, and whether you can make the will “self-proving” with a notary. Because a small mistake in signing is the most common reason a will fails in probate, following your state’s exact rule matters far more than the wording of the will itself.
Wills by State — Handwritten (Holographic) Wills
One of the biggest differences in wills by state is whether a holographic will is valid. A holographic will is one written entirely in your own handwriting and signed by you, with no witnesses. About half the states accept them, often as a fallback when someone dies with only a handwritten note about their wishes. The other half reject them entirely, meaning an unwitnessed handwritten will is worth nothing in those states.
Even in states that accept holographic wills, they invite trouble: courts must decide whether the handwriting is genuine and whether the person truly intended it as their final word. That uncertainty leads to disputes and delays. A properly witnessed, typed will avoids all of this, which is why a holographic will is best treated as an emergency stopgap, not a plan. Your state guide explains whether yours is one of the states that accept them.
Wills by State — Self-Proving Your Will
A self-proving affidavit is one of the most useful tools in wills by state law, and nearly every state offers it. It is a short notarized statement, signed by you and your witnesses at the same time as the will, swearing that everything was done properly. With it attached, the probate court can accept your will without having to locate and question your witnesses years later — which speeds things up and removes a common point of failure.
A handful of states, including California, Ohio, Maryland, and Mississippi, do not use the standard self-proving affidavit; some of them treat a properly witnessed will as effectively self-proving already, or use a different procedure. Because the exact form and wording must match your state’s statute, your state guide provides the specific affidavit language and signing steps that apply where you live.
Wills by State — What Happens If You Die Without One
If you die without a valid will, wills by state rules no longer apply — instead, your state’s intestacy law decides who inherits, and it may not match your wishes. Typically a surviving spouse and children come first, followed by parents, siblings, and more distant relatives. An unmarried partner, close friends, or a favorite charity usually receive nothing, no matter how close they were to you.
Dying without a will also means the court, not you, decides who manages your estate and who becomes guardian of your minor children. Writing even a simple valid will puts those decisions back in your hands. To see exactly how your state would divide an estate with no will, read our companion guide on dying without a will by state.
Find Your State Wills Guide
Ready to look up wills by state for your specific state? Click any state name in the table above for its complete guide, or browse the full collection below.
Browse All 50 State Wills Guides →
Official Sources
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English definitions of wills and estate terms
- Uniform Law Commission: uniformlaws.org — the model probate code many states follow
- State probate codes & courts: each state’s statute on wills and its court self-help portal, linked inside the individual state guides
- Legal Services Corporation: lsc.gov — find free local legal aid for will and estate questions
Wills by state data compiled from official state probate codes, state court self-help portals, and established legal-reference sources. Witness rules, holographic-will acceptance, and self-proving procedures change as legislatures amend the law. Click any state above for its verified guide with current figures. Last reviewed June 2026.
Informational only — not legal or tax advice. This page is for general informational purposes only and does not create an attorney-client relationship. Wills and estate laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney or your local probate court’s self-help center.