In most states, a valid will requires the following:
1. Any individual 18 years of age or older and is of sound mind may make a will.
2. The will must be in writing (printed or typed).
3. The testator must sign and date the will.
4. Two witnesses, 18 years of age or over, that have no interest in the will, must sign the will.
Although you don’t need to notarize the will to make it valid, you can make the probate process quicker by adding a self-proving affidavit.
Additional Information for a Valid Will
Where the states may differ are in the additions to the basic requirements above. According to the Massachusetts Uniform Probate Code M.G.L c. 190B Article 2, Section 2-501 – 2-505 there are provisions that concern the testator and the witnesses that may be different in other states. For instance, if the testator can’t physically sign the will another person can step in and sign as long as the testator is present and by the testator’s direction.
Also, in Massachusetts, if a witness has an interest in the will (a beneficiary), the will is still valid. In this situation the witness forfeits their bequest in the will. This is also true if a spouse of a beneficiary signs as a witness. However, there are a couple of options for a beneficiary who signed as a witness to avoid forfeiting their bequest:
1. If there are two other witnesses that have no interest in the will, the interested witness can retain their bequest.
2. If the interested witness can establish that the bequest was not inserted, and the will was not signed as a result of fraud or undue influence by the witness, then the bequest will be retained.
Conclusion
There are subtle differences in state laws concerning the validity of wills when circumstances take you beyond the basic requirements. If you are writing a will, or, as executor, you are reviewing a will for validity, you may want to look up your state’s probate laws concerning wills.
However, if you can stay within the guidelines of the basic requirements for your state, most states will find the will valid.
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References used for this article:
1) Massachusetts Uniform Probate Code – Use this link to read more on wills in Massachusetts.
2) The Executor’s Guide, 5th Edition, pages 97 – 116, Nolo