Wills by state
Almost every state asks for the same two things — an adult of sound mind, and two witnesses. The differences that actually invalidate wills are in the details: who may witness, whether a handwritten will counts, and what your executor must prove in court.
Northeast
- ConnecticutCommon law (separate property) stateConnecticut voids a gift not only to a witness but to that witness's spouse, and it is one of the few states to extend the interested-witness purge that far.
- DelawareCommon law (separate property) stateDelaware requires two or more credible witnesses and asks for a sound and disposing mind and memory, a slightly fuller capacity formulation than most states use — but it does not accept handwritten wills.
South
- AlabamaCommon law (separate property) stateAlabama follows the Uniform Probate Code, so a beneficiary who signs as a witness keeps their inheritance — but a handwritten will made in Alabama will not be accepted.
- ArkansasCommon law (separate property) stateArkansas requires you to sign at the end of the will, and a handwritten will needs three credible witnesses to prove the handwriting — more than the two needed for an ordinary will.
- FloridaCommon law with opt-in community propertyFlorida is unusually strict on execution — you sign at the end, and both witnesses must sign in your presence and in each other's presence — but it recognizes electronic wills and does not penalize interested witnesses.
- GeorgiaCommon law (separate property) stateGeorgia sets the lowest will-making age in the country at 14, and its witnesses may also be as young as 14 — but it purges gifts to witness-beneficiaries with no intestate saving clause.
- the District of ColumbiaCommon law (separate property) stateDC is one of only two US jurisdictions where self-proving affidavits are not available — your witnesses may actually have to testify at probate — though it does authorize electronic wills.
West
- AlaskaCommon law with opt-in community propertyAlaska accepts handwritten wills and imposes no penalty on interested witnesses, and it is one of a handful of states where couples can opt into community property treatment.
- ArizonaCommunity property stateArizona is a community property state that recognizes both handwritten and electronic wills, and it uses two separate small-estate thresholds — one for personal property, another for real property.
- CaliforniaCommunity property stateCalifornia does not use self-proving affidavits because a properly executed will is already treated as self-proved, and instead of purging a witness-beneficiary's gift it applies a rebuttable presumption of undue influence.
- ColoradoCommon law (separate property) stateColorado is one of very few states where a notarized will needs no witnesses at all — notarization is a genuine substitute rather than an add-on — and it recognizes both handwritten and electronic wills.
- HawaiiCommon law (separate property) stateHawaii will not accept a handwritten will made here, but it does accept one that was valid where it was executed — a meaningful distinction in a state where many residents arrive from elsewhere.
- IdahoCommunity property stateIdaho is a community property state that also recognizes handwritten wills and has adopted the Uniform Electronic Wills Act — an unusual combination of traditional property rules and modern execution options.
These pages are general information, not legal advice, and they are not a substitute for an attorney licensed in your state. Statutes change and dollar thresholds are often adjusted for inflation — where a figure moves, we say so rather than printing a number you might rely on after it is stale. Legacy Suite is not a law firm.