Wills and Estates
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This is not a substitute for legal advice. An attorney
must be consulted. To find an attorney in your area,
please CLICK
HERE.
What is a testator?
A testator means someone who makes or has made a Will, or one who dies
leaving a Will. Black's Law Dictionary 1323 (5th ed. 1979) Please see specific state for details and/or
differences.
You acknowledge that LAWCHEK™ owns all rights, title, and interest, including and without limitation all intellectual property rights (as defined below), in and to the forms and information (including LAWCHEK™ website and brand features, including implied licenses, and excluding items licensed by LAWCHEK™ from third parties and excluding any third party property), and that you will not acquire any rights, title, or interest in or to the legal forms or information or copyrights, except as expressly set forth on the site in regard to using the legal forms for information gathering purposes. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source copyright from any LAWCHEK™ services or documentation, or create or attempt to create a substitute or similar service or product through use of or access to this website or proprietary information related thereto. You will not remove, obscure, or alter the LAWCHEK™ copyright notice, brand features, or other proprietary rights notices affixed to or contained within any LAWCHEK™ services, software, or documentation (including without limitation the use of LAWCHEK™ brand features with online legal forms, web hosting services, website html codes, or LAWCHEK™ website copyrights, as applicable). "Intellectual Property Rights" means any and all rights existing from time-to-time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations, and re-instatements thereof, now or hereafter in force and effect worldwide.
This is not a substitute for legal advice. An attorney must be consulted. To find an attorney in your area, please CLICK HERE.
What is a testator?
A testator means someone who makes or has made a Will, or one who dies leaving a Will. Black's Law Dictionary 1323 (5th ed. 1979) Please see specific state for details and/or differences.ALABAMA
| ALASKA | ARIZONA | ARKANSAS
| CALIFORNIA | COLORADO
| CONNECTICUT | DELAWARE
| FLORIDA
GEORGIA | HAWAII | IDAHO
| ILLINOIS | INDIANA | IOWA
| KANSAS | KENTUCKY | LOUISIANA
| MAINE | MARYLAND
MASSACHUSETTS | MICHIGAN
| MINNESOTA | MISSISSIPPI
| MISSOURI | MONTANA | NEBRASKA
| NEVADA
NEW HAMPSHIRE | NEW
JERSEY | NEW MEXICO | NEW
YORK | NORTH CAROLINA | NORTH
DAKOTA | OHIO
OKLAHOMA | OREGON | PENNSYLVANIA
| RHODE ISLAND | SOUTH
CAROLINA | SOUTH DAKOTA | TENNESSEE
TEXAS | UTAH | VERMONT
| VIRGINIA | WASHINGTON
| WEST VIRGINIA | WISCONSIN
| WYOMING
ALABAMA
A person of sound mind and who is at least 18 years of age can make a Will.
The testator must sign the Will or another person can sign the testator's name if the
testator is present and directs him or her to do so. The Will must also be signed by at
least two witnesses who witnessed the testator sign or to whom the testator
acknowledges signature of the Will. The Will or specific provisions do not become
invalid if signed by witnesses who are potential beneficiaries. (Section 43-8-130, 131,
134).
ALASKA
A person of sound mind and who is at least 18 years of age may make a Will.
(Code Section 15.11.150). The Will must be signed by the testator or another person
can sign the testator’s name at the testator’s direction in his/her presence. The Will
must also be signed by at least two witnesses who witnessed the testator signing the
Will or to whom the testator acknowledges his/her signature. (Code Section
13.11.155). Bequest to beneficiaries who are also witnesses are allowed. (Code
Section 13.11.170).
ARIZONA
A person of sound mind and who is at least 18 years of age can make a Will.
(Section 14-2501) The testator must sign the Will or another person can sign the
testator's name if the testator is present and directs him or her to do so. The Will must
also be signed by at least 2 witnesses who witnessed the testator’s signing or to whom
the testator acknowledges signature of the Will within a reasonable period of time.
(Section 14-2502) An existing document (e.g. contract) can be incorporated into a Will
if the Will indicates this is the intent and adequately describes the document. (Section
14-2510) A spouse may only dispose of 1/2 of community property through a Will.
(Section 14-3101) A beneficiary must survive the decedent by at least 120 hours in
order to inherit. (Section 14-2104)
ARKANSAS
A person of sound mind and who is at least 18 years of age can make a Will.
(Section 28-25-101). The testator must sign the Will, or another person can sign the
testator's name if that person also writes his own name on the document and states
that he signed the testator's name at the request of the testator. This signature must
take place in the presence of 2 or more witnesses who must also sign in the testator's
presence. The testator must declare to the witnesses that the instrument is his Will.
The testator may also sign by a mark on a line where his name is written, in the
presence of the witnesses. (Section 28-25-103).
CALIFORNIA
Any person of sound mind and 18 years of age or older can make a Will.
(Section 6100) The testator must sign the Will or another person can sign the testator's
name if the testator is present and directs him or her to do so. The Will must also be
witnessed and signed by at least 2 witnesses who witnessed the testator’s signing or to
whom the testator acknowledges signature of the Will. They must also understand that
the instrument they are signing is, in fact, the testator's Will. (Section 6110) Any
competent person may sign as a witness. (Section 6112)
There are no limitations on gifts to religious or charitable organizations; however, there are limitations on transfers to the drafter of the Will. (Section 21350) In that case, the beneficiary may only take a share up to the amount he or she would have received if the decedent died without a Will but, in no event, more than the bequest amount.
A Will is not considered invalid because it is witnessed by a beneficiary. However, unless at least 2 other disinterested witnesses sign, then a presumption is created that the beneficiary is receiving his or her bequests due to duress or undue influence. (Section 6112)
COLORADO
A person of sound mind and who is at least 18 years of age can make a Will.
(Section 15-11-501) The Will must be in writing and the testator must sign the Will or
another person can sign the testator's name if the testator is present and directs him or
her to do so. The Will must also be signed by at least 2 witnesses who witnessed the
testator sign or to whom the testator acknowledges signature of the Will within a
reasonable time. (Section 15-11-502) The Will or any specific provisions do not become
invalid if signed by witnesses who are also potential beneficiaries. (Section 15-11-505)
There are no limitations as to what amounts may be given to religious or charitable organizations. The Will may also refer to a separate written statement used to dispose of tangible personal property (jewelry, furniture etc.) to specific beneficiaries. (Section 15-11-513) This written statement can be changed from time to time without requiring that a new Will be executed.
CONNECTICUT
A person of sound mind and who is at least 18 years of age can make a Will.
(Section 45-160) The Will must be in writing, signed by the testator and by 2 witnesses.
The witnesses must sign in the presence of the testator, but do not need to sign in
each other's presence. Connecticut also recognizes Wills executed in other states or
countries, as long as they were executed in compliance with that state's or country's
laws. (Section 45-161) There are no restrictions as to bequests to religious or charitable
organizations. If a witness or his or her spouse is a beneficiary under the Will, the
bequest is considered void unless the beneficiary is an heir of the testator.
DELAWARE
A person of sound mind and who is at least 18 years of age can make a Will
disposing of both real and personal property. (Section 12-201) The testator must sign
the Will or another person can sign the testator's name if the testator is present and
directs him or her to do so. Two or more credible witnesses must also attest and sign
the Will in the testator's presence. (Section 12-202) A Will is also considered valid if it is
executed in compliance with the law at the time and place of execution (e.g. executed
while testator is domiciled in another state). (Section 12-1306) Bequests to subscribing
witnesses are valid.
FLORIDA
A person of sound mind and who is at least 18 years of age can make a Will.
(Section 732.501) A Will must be in writing and signed by the testator or another
person can sign the testator's name if the testator is present and directs him or her to
do so. The testator must sign in the presence of at least 2 attesting witnesses or the
testator can acknowledge to the witnesses that the Will contains his or her authentic
signature. The witnesses must sign the Will in the presence of each other and in the
presence of the testator. There is no specified format or wording required. (Section
732.502) Bequests made to beneficiaries who are also witnesses to the Will are
considered valid. (Section 732.504)
GEORGIA
A person with a decided, rational desire to dispose of his or her property and
who is at least 14 years of age or older may make a Will. (Section 53-2-20) Persons
with hearing, speaking or sight disabilities may also make a Will; however, the
interpreter and/or writer of the Will must also be an attesting witness and will be
examined upon admission for probate. (Section 53-2-24) The testator must sign the
Will or another person can sign the testator's name at the testator's direction and in his
or her presence. Two or more witnesses must also sign and attest to the Will in the
testator's presence. (Section 53-2-40) The testator can acknowledge to the witnesses
his or her signature. A testator may not give more than 1/3 of the first $200,000 of the
estate to charitable or similar organizations if the testator has a spouse or issue
surviving, unless the Will was executed at least 90 days prior to death. (Section 53-2-10) A bequest to a witness is considered void unless there are at least 2 other
witnesses who are not beneficiaries. (Section 53-2-45) However, a bequest to a spouse
who acted as a witness will generally be considered valid.
HAWAII
A person of sound mind and who is at least 18 years of age can make a Will.
(Section 560:2-501) The testator must sign the Will or another person can sign the
testator's name at the testator’s direction and in his or her presence. The Will must also
be signed by at least 2 witnesses, who either witnessed the testator’s signing or to
whom the testator acknowledges signature of the Will. (Section 560:2-502) There are
no limitations on amounts which may be given to charitable organizations, unless the
Will was executed less than a specified time prior to death. (Section 560:2-511)
Bequests to witnesses will not be considered invalid. (Section 560:2-505)
IDAHO
A person who is at least 18 years of age or any emancipated minor, being of
sound mind, may make a Will. (Section 15-2-501). Every Will must be in writing and
be signed by the testator. Another person may sign the testator’s name in the
testator’s presence and at his or her direction. The Will must be signed by at least 2
witnesses who witnessed the testator’s signing or to whom the testator acknowledges
his or her signature. (Section 15-2-502). A charitable bequest is valid only through a
Will executed at least 120 days before the death of the testator. (Section 15-2-615).
ILLINOIS
A person of sound mind and who is at least 18 years of age may make a Will.
(Section 755-5/4-1) The testator must sign the Will or another person can sign the
testator's name if the testator is present and directs them to do so. The Will must also
be signed by at least 2 credible witnesses in the testator's presence. (Section 755-5/4-3) There is no limitation on gifts to charitable or similar organizations. If a witness is
also a beneficiary under the Will, that beneficiary will not receive of the bequest except
to the extent that he or she would have been entitled to a share had the Will not existed
(i.e. testator had died without a Will). (Section 755-5/4-6)
INDIANA
A person who is of sound mind and who is at least 18 years of age may execute
a Will, or one who is under the age of 18, if a member of the armed forces. (Section 29-1-5-1 The testator must sign the Will, or another person may sign the testator's name
in the testator's presence and under his or her direction. The Will must also be signed
by at least 2 witnesses who witnessed the testator sign, and acknowledge the
instrument, or to whom the testator acknowledges signature of the Will. The witnesses
must sign the Will in the testator's presence and in the presence of each other. (Section
29-1-5-3) A bequest to a witness will not be valid where the witness's testimony is
required to prove the Will. However, in the case where the beneficiary is entitled to a
share of the estate had the testator died without a Will, he or she will take the lesser of
the intestate share or the amount of the bequest under the Will. (Section 29-1-5-2)
IOWA
A person of sound mind who has reached the age of majority may make a Will.
(Section 633.264) The Will must be in writing, and the testator must sign the Will or
another person may sign the testator's name in the testator's presence and at his or her
direction. The testator must declare the Will to be valid in the presence of two
witnesses, and the witnesses must sign the Will in the presence of the testator and in
the presence of each other. (Section 633.279) A bequest to a witness shall be forfeited
to the extent it exceeds the amount the witness would have received if the testator had
died without a Will. This does not apply in the case where there were two additional
disinterested witnesses. (Section 633.281)
KANSAS
A person of sound mind and who has obtained the age of majority may make a
Will. (Section 59-601). The testator must sign the written Will, or another person can
sign the testator’s name at the testator’s direction and in his or her presence. The Will
must also be attested to and signed by at least 2 witnesses who witnessed the testator
sign, or to whom the testator acknowledges signature of the Will. (Section
59-606) There is no limitation on bequests to charitable or educational institutions. A bequest to
a witness is void in the case where the witness’s testimony is required to prove the Will.
However, if the witness would have been entitled to a share had the decedent died
without a Will, then the witness may receive the bequest up to the amount of the
intestate share. (Section 59-604)
KENTUCKY
A person of sound mind and who is at least 18 years of age may make a Will.
(Section 394.020). The Will must be in writing and signed by the testator. Another
person can sign the testator’s name in the presence of the testator and at his or her
direction. The testator must acknowledge the Will to at least 2 witnesses, who must
also sign the Will in the presence of the testator and the presence of each other.
(Section 394.040). There is no limitation on bequests to charitable organizations. A
bequest to a witness or to the witness’s spouse is void unless the witness would have
been entitled to a share of the estate if the testator died without a Will, in which case
the witness will receive no more than the share he or she would have received had the
testator died without a Will, up to the amount of the bequest. (Section
394.210)
LOUISIANA
A person who is over the age of 16 and who can understand the general nature
and the consequences of the bequest he or she is making may make a Will. (Section
1477). Generally, the testator must date and sign a written Will in the presence of a
Notary Public and 2 competent witnesses. The notary and the witnesses must also
sign the Will. If the testator is unable to sign because of physical reasons, the testator
can declare, in the presence of a Notary Public and 2 witnesses, that this instrument is
his or her Will, and then sign by making a mark. (T.9, Section 2442, 2443). Special
formalities apply to a nuncupative Will, which is a Will dictated to a Notary Public or
written by the testator or by another person from his dictation. Special formalities also
apply to a sealed or mystic Will. (Section 1579-80)
Louisiana law also provides for "forced heirs", who may be deprived of a share of the estate only for specific reasons. (Section 1621)
MAINE
Any person who is of sound mind and at least 18 years of age may make a Will.
(Section 2-501). Every Will must be in writing and signed by the testator. Another
person can sign the testator’s name at the direction and in the presence of the testator.
The Will must also be signed by at least 2 witnesses who witnessed the testator’s
signing, or to whom the testator acknowledged his or her signature. (Section
2-502)
MARYLAND
A person legally competent to make a Will and at least 18 years of age may
execute a Will. (Section 4-101). The Will must be in writing and signed by the testator.
Another person can sign the testator’s name, in the testator’s presence, and at his or
her direction. Two or more witnesses must attest and sign the Will in the presence of
the testator. (Section 4-102). Bequests left to witnesses are considered valid.
MASSACHUSETTS
A person of sound Will, and one who is at least 18 years of age, may make a
Will. (Chapter 191, Section 1). The Will must be in writing and signed by the testator.
The testator's signature, by a mark, is considered valid, or another person can sign the
testator’s name if the testator is present, and at his/her direction. Two or more
competent witnesses must also attest to and sign the Will. (Chapter 191, Section 1).
There are no restrictions on amounts given to religious and charitable organizations.
MICHIGAN
A person of sound mind and who is at least 18 years of age can make a Will.
(Section 700.121). The Will must be in writing and signed by the testator, or another
person can sign the testator's name in the testator's presence and at his or her
direction. A Will must be witnessed by 2 witnesses and signed in the presence of the
testator. It is common custom to show the residences of the witnesses. (Section
700.122). A bequest to a witness will not be valid unless there was also 2 other
uninterested witnesses. If the interested witness is also an heir, then he or she would
be allowed to take as much as would have been entitled to them if the testator had died
without a Will, up to the amount of the bequest. (Section 700.122).
MINNESOTA
A person of sound mind and who is at least 18 years of age may make a Will.
(Section 524.2-501) The Will must be in writing and be signed by the testator, or
another person can sign the testator's name in the testator's presence and at his or her
direction. The Will must also be signed by at least 2 witnesses who witness the testator
sign the Will, or to whom the testator acknowledged his or her signature. (Section
524.2-502) A bequest made to a witness will be considered valid. (Section 524.2-505)
The Will may refer to a separate written list used to dispose of specific items of tangible personal property, such as furniture and jewelry. This list may be changed from time to time without the need to execute a new Will. (Section 524.2-513)
MISSISSIPPI
A person of sound mind and who is at least 18 years of age may execute a Will.
(Section 91-5-1) A Will must be signed by the testator, or another person can sign the
testator's name in the testator's presence and at his direction. The Will must also be
attested to by at least 2 credible witnesses in the presence of the testator. (Section 91-5-1) There are no limitations on bequests to charitable and educational institutions. A
bequest to a witness is void if the Will cannot be proven without this witness's
testimony. However, if this witness would have been entitled to a share in the estate
had the decedent died without a Will, he or she is entitled to receive an amount up to
the amount of that share, but not more than the amount of the bequest in the Will.
(Section 91-5-9)
MISSOURI
A person of sound mind and at least 18 years of age can make a Will, and may
also devise any part of his or her body to a qualifying university or hospital. (Section
474.310) A Will must be in writing and signed by the testator, or another person can
sign the testator's name, at the testator's direction and in his or her presence. The Will
must be attested to by at least 2 witnesses who sign the Will in the presence of the
testator. (Section 474.320)
MONTANA
Any person who is of sound mind and at least 18 years of age may make a Will.
Every Will shall be in writing and signed by the testator, or another person can sign the
testator's name in the testator's presence and at his or her direction. The Will must
also be signed by at least 2 witnesses who witness the testator's signature, or to whom
the testator acknowledges signature of the Will. A bequest to a witness is considered
valid. (Section 72-2-525)
NEBRASKA
Any person who is of sound mind and at least 18 years of age may make a Will.
Every Will shall be in writing and be signed by the testator or another person can sign
the testator's name in the testator's presence at his or her direction. The Will must also
be signed by at least 2 witnesses who witness the testators signature, or to whom the
testator acknowledges signature of the Will. (Uniform Probate Code Section 2-502) A
bequest to witness is considered valid. (Section 2-501, 502, 505)
NEVADA
Any person of sound mind and over the age of 18 may make a Will. (Section
133.020-030) A Will must be in writing and be signed by the testator, or another
person can sign the testator's name in the testator's presence and at his or her
direction. The Will must also be attested to by 2 competent witnesses who sign their
names in the presence of the testator. (Section 133.040) Bequests to witnesses are
void unless there are also 2 other competent witnesses. (Section 133.060-070)
NEW HAMPSHIRE
A person of sound mind and of at least 18 years of age, or a person under 18
who is married, may make a Will. (Chapter 551 section 1) The Will must be in writing
and be signed by the testator, or another person can sign the testator's name in the
testator's presence and at his or her direction. The Will must also be attested to and
signed by at least 2 credible witnesses in the presence of the testator. (Chapter 551
Section 2) Bequests made to a witness or to a spouse of a witness are considered
void unless there are also 2 other independent witnesses. (Chapter 551 Section 3)
NEW JERSEY
A person of sound mind and who is at least 18 years of age may make a Will.
(Title 3B Chapter 3 Section 1) A Will must be in writing and signed by the testator.
Another person can sign the testator's name in the testator's presence and at his or her
direction. A Will must also be signed by at least 2 witnesses who witnessed the
testator signing the Will or to whom the testator acknowledges signature of the Will.
(Title 3B Chapter 3 Section 2) A bequest to a witness will be considered a valid
bequest. (Title 3B Chapter 3 Section 8)
NEW MEXICO
Any person of sound mind and over the age of 18 may make a Will. (Section
45-2-501) A Will must be in writing and be signed by the testator, or signed by another
person in the testator's presence and at his or her direction. The Will must also be
attested to by 2 or more credible witnesses who witness the testator's signature and
witness each other's signature in the testator's presence. (Section 45-2-502) A spouse
may dispose of 1/2 of community property by Will, but is not able to dispose of joint
tenancy property by Will. (Section 45-2-805) A bequest to a witness is considered a
valid bequest. (Section 45-2-505)
NEW YORK
A person of sound mind and who is at least 18 years of age may make a Will.
(NY Law EPTL Section 3-1.1) The Will must be in writing and be signed by the
testator, or another person can sign the testator's name in the testator's presence and
at his or her direction. The other such person must also sign his or her own name and
residence and shall not be counted as one of the required witnesses. The testator
must sign his or her name in the presence of at least 2 witnesses, or acknowledge to
the witnesses his or her signature. The testator must also declare to the witnesses that
this instrument is his or her Will. The 2 attesting witnesses must also sign the Will and
include their address. A bequest made to a witness is considered void unless there are
at least 2 other witnesses. Where the witness would have been entitled to receive a
share of the intestate estate, the witness may receive up to the amount of his or her
intestate share, as long as it does not exceed the amount of the bequest made in the
Will. (NY Law EPTL Section 3-3.2)
NORTH CAROLINA
A person of sound mind and at least 18 years of age may make a Will. (Section
31-1) The Will must be written and signed by the testator, or another person can sign
the testator's name in the testator's presence and at his or her direction. The Will must
also be attested to and signed by at least 2 competent witnesses in the presence of the
testator. The testator must sign the Will in the witness's presence or acknowledge his
or her signature to the witness. (Section 31-3.3) A bequest to a witness or the
witness's spouse is considered void, unless at least 2 other disinterested witnesses
also witness the Will. (Section 31-10.1)
NORTH DAKOTA
Any adult of sound mind may make a Will. (Section 30.1-08.01) A person of
unsound mind may make a Will if their faculties are restored to capacity, even though
there was no court determination of their capacity. (Section 14-01-03) The Will must be
in writing and signed by the testator, or be signed in the testator's name by another
person in the testator's presence and at his or her direction. The Will must also be
signed by at least 2 witnesses who witnessed the testator sign, or to whom the testator
acknowledges signature of the Will. (Uniform probate code section 2-502) There is no
limitation on amounts that may be given to charitable organizations.
OHIO
A person of sound mind, at least 18 years of age, and not under any restraint,
may make a Will. (Section 2107.02) The Will must be in writing, although it can be
handwritten. The Will must be signed by the testator, or another person may sign the
testator's name in the testator's presence and at his or her direction. The Will must
also be attested to and signed by 2 competent witnesses in the presence of the
testator. These witnesses must watch the testator sign the Will, or the testator must
acknowledge the signature. (Section 2107.03, .04) The Will may refer to a document
or memorandum which is in existence at the time the Will is executed. (Section
2107.05) A bequest to 1 of only 2 witnesses is considered void. However, if the
witness would have been entitled to a share of the estate had the decedent died
without a Will, he or she is entitled to the intestate share, up to the amount of the
bequest. (Section 2107.15)
OKLAHOMA
A person of sound mind and who is at least 18 years of age may make a Will.
(Section 84-41) A Will is subject to any premarital agreement in writing. A spouse may
not devise away from the spouse more than an undivided 1/2 interest in property
acquired through a joint effort of the spouses during the marriage.
The Will must be in writing and the testator must sign the Will, or another person may sign the testator's name in the testator's presence and at his or her direction. The testator's signature must be made in the presence of the attesting witnesses or be acknowledged to them by the testator. The testator must declare to the witnesses that this instrument is his or her Will. There must be at least 2 attesting witnesses who sign in the testator's presence and at his or her request. A witness must include his place of residence on the Will. A person who signs the testator's name at his or her direction must include his or her own name as a witness to the Will. (Section 84-55, 56)
OREGON
A person of sound mind and who is at least 18 years of age (or who has been
married) may make a Will. (Section 112.225) The Will must be in writing and the
testator must sign the Will in the presence of at least 2 witnesses, or the testator can
direct another person to sign his or her name on the Will. If the testator does not sign
in the presence of the witnesses, he or she must acknowledge the signature to the
witnesses. If another person signs the testator's name, he or she must sign their own
name on the Will and write a statement indicating that they signed the testator's name
at the direction of the testator. The Will must be attested to and signed by at least 2
witnesses. Bequests made to witnesses will be considered valid bequests. (Section
112.245)
PENNSYLVANIA
A person of sound mind and at least 18 years of age may make a Will. (Section
20-2501) The Will must be in writing and be signed by the testator, or another person
can sign the testator's name in the testator's presence and at his or her direction. The
testator may also sign, by a mark, in the presence of at least 2 witnesses. If the
testator is unable to sign his or her name and has someone else sign for him, the
testator must declare the instrument to be his Will, in the presence of 2 witnesses. Two
witnesses must also sign the Will in the testator's presence. (Section 20-2502) There is
no limitation on amounts that may be given to charitable organizations. There are no
restrictions on bequests to witnesses.
RHODE ISLAND
A person of sound mind and at least 18 years of age may make a Will. (Section
33-5-2,3) A person who is imprisoned in a correctional institution may make a Will only
with permission of the superior court. (Section 13-6-3) The Will must be in writing and
be signed by the testator, or another person can sign the testator's name in the
testator's presence and at his or her direction. The testator must sign in the presence
of the witnesses and acknowledge signature of the Will to the witnesses. The 2
witnesses must attest and sign the Will in the presence of the testator and in each
other's presence. (Section 33-5-5) Bequests made to witnesses are void, whether
made to the witness or made to a person who may claim the bequest through the
witness. (Section 33-6-1,2,3)
SOUTH CAROLINA
Any person of sound mind and who is at least 18 years of age may make a Will.
(Section 62-2-501) The Will must be in writing and signed by the testator, or another
person can sign the testator's name in the testator's presence and at his or her
direction. The Will must be signed by at least 2 witnesses who witness the testator
sign, or to whom the testator acknowledges signature of the Will. (Section 62-2-502)
SOUTH DAKOTA
A person of sound mind and over the age of 18 may make a Will. (Section 29A-2-501) The Will must be in writing and signed at the end by the testator, or another
person can sign the testator's name in the testator's presence and at his or her
direction. A Will may refer to a separate writing to devise tangible personal property if
the writing is signed by the testator and describes the items and devises with
reasonable certainty. (Section 29A-2-513) The testator must sign the Will in the
presence of at least 2 witnesses, or acknowledge signature of the Will to them. The 2
witnesses must sign their names in the testator's presence and at his or her request.
(Section 29A-2-502)
TENNESSEE
A person of sound mind and over the age of 18 (under the age of 18, if married)
may execute a Will. (Section 32-1-102) The Will must be in writing and be signed by a
testator, or another person can sign the testator's name in the testator's presence and
at his or her direction. The testator must sign in the presence of the witnesses or
acknowledge his signature to the witnesses. At least 2 or more attesting witnesses
must sign the Will in the presence of the testator and in the presence of each other.
The testator must also declare to the witnesses that this document is his or her Will and
ask that the witnesses attest it. (Section 32-1-104) If a bequest is made to a witness,
that witness must forfeit so much of the bequest that would exceed the share he or she
would have received if the testator had died without a Will. (Section 32-1-103)
TEXAS
A person who is of sound mind and who is at least 18 years of age, or has been
lawfully married, or is a member of the U.S. Armed Forces, may make a Will. (Probate
Code Section 57) Every Will must be in writing and be signed by the testator. Another
person may sign the testator's name at the testator's direction and in his or her
presence. The Will must be attested to by 2 or more credible witnesses over the age of
18. The witnesses must sign their names to the Will in the presence of the testator.
(Probate Code Section 59) A bequest to a witness is generally void, however, the
witness is entitled to the bequest to the extent that he or she would have inherited a
share had the testator died without a Will. In no event may the inheritance exceed the
value of the bequest in the Will. (Probate Code Section 61) However, if the Will can be
proven by the testimony of the witnesses and collaborated by 1 or more disinterested
and credible persons, then the bequest to the witness will be considered valid. (Probate
Code Section 62)
UTAH
Any person who is of sound mind and is at least 18 years of age may make a
Will. (Section 75-2-501) The Will must be in writing and signed by the testator, or
another person can sign the testator's name in the testator's presence and at his or her
direction. The Will must also be signed by at least 2 witnesses who are at least 18
years of age. The witnesses must either witness the testator sign the Will or the
testator must acknowledge his or her signature to the witnesses. The witnesses must
sign the Will in the presence of each other and in the presence of the testator. (Section
75-2-502) A bequest made to a witness is void, except to the extent that the witness
would have received a share had the testator died without a Will. In that case, the
witness may receive the lesser of the amount provided in the Will, or what he or she
would have received in an intestate estate. (Section 75-2-505)
VERMONT
A person of sound mind and who has reached the age of majority may make a
Will. (Section 14-1) The Will must be in writing and be signed by the testator, or
another person can sign the testator's name in the testator's presence and at his or her
direction. The Will must be attested to and signed by at least 3 witnesses. The
witnesses must sign in the presence of the testator and in the presence of each other.
(Section 14-5) A bequest to a witness who is not an heir by relation is considered void
unless there are also 3 other competent witnesses to the Will. (Section 14-10)
VIRGINIA
A person who has reached the age of majority and who is of sound mind may
make a Will. (Section 64.1-46, 47) The Will must be in writing and be signed by the
testator or signed by another person at the testator's direction and at his or her
direction. The testator must sign in the presence of the witnesses or acknowledge his
or her signature to the witnesses. At least 2 competent witnesses must also sign the
Will. (Section 64.1-49)
WASHINGTON
A person of sound mind and at least 18 years of age may make a Will. (Section
11.12.010) The Will must be in writing and be signed by the testator, or another person
can sign the person’s name at the testator’s direction and in his or her presence. If
another person signs the testator’s name, that person must sign his own name to the
Will and state that he signed the testator’s name at the testator’s request, unless the
testator approves the signature by making his mark on the Will. The Will must also be
attested to and signed by at least 2 competent witnesses. (Section 11.12.030). A
spouse may devise, by will, 1/2 of the community and quasi-community property.
(Section 11.02.070) However, a husband and wife may enter into a written agreement,
which alters the state law regarding disposition of community property, which would
allow one or both of them to devise a greater share of the community property. (Section
26.16.120) A bequest to a witness will generally not be valid, however there is a
rebuttable presumption of fraud or undue influence which may be overcome. If there
are also 2 other witnesses to the Will, then the gift to the witness will be valid. In any
case, the interested witness is entitled to take an amount up to the share that he or she
would have been entitled to if the testator had died without a Will, but only up to the
amount of the bequest. (Section 11.12.160)
WEST VIRGINIA
Any person of sound mind and at least 18 years of age may make a Will. (Ch.
41, Art. 1, Section 1, 2). No particular form is required, but the Will must be in writing
and be signed by the testator. Another person may sign the testator’s name in the
testator’s presence and at his or her direction. (Ch. 41, Art. 1, Section 3). Two
witnesses must also sign the Will in the presence of the testator and each other. The
testator must sign in the presence of the witnesses, or acknowledge his or her
signature to the testator. (Ch. 41, Art. 1, Section 3). A bequest to a witness is generally
considered void, unless the Will can be proven independently by other attesting
witnesses. However, the interested witness is entitled to receive a share up to the
amount he or she would have received had the decedent died without the Will, not
exceeding the amount of the bequest. (Ch. 41, Art. 2, Section 1)
WISCONSIN
A person of sound mind and at least 18 years of age may make a Will. (Section
853.01) The Will must be in writing and be signed by the testator, or another person
can sign the testator’s name in the testator’s presence and at his or her direction. The
Will must also be signed by 2 or more witnesses, in the presence of the testator and of
each other. (Section 853.03) Any married person may, by will, give away his or her
separate property and 1/2 interest in marital property. However, the spouses may enter
into a marital property agreement that provides otherwise. (Section
766.58)
WYOMING
Any person of sound mind and who has reached the age of majority may make
a Will. (Section 2-6-101) The Will must be in writing and must be signed by the
testator, or another person can sign the testator’s name in the testator’s presence and
at his or her direction. The Will must also be witnessed and signed by 2 competent
witnesses. (Section 2-6-112) A bequest to a witness is considered void unless there
are two other disinterested witnesses to the Will. However, the interested witness may
receive a portion of the estate up to the amount that he or she would have been
entitled to if the decedent had died without a Will, but in no event more than the
bequest under the Will. (Section 2-6-112)
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