How to Sign a Will So It Holds Up: Witnesses, Notaries, and Self-Proving Affidavits

Signing · 7 min read · Updated September 16, 2026

A will becomes legally effective only when it is signed the way the state requires: by the testator, in the presence of the required number of witnesses (two in most states), who then sign in the testator’s presence. A notary is usually not required for the will itself but is required for the optional self-proving affidavit, which is worth adding. Getting this ceremony right is the single most important step, because a perfectly drafted will that was signed incorrectly may be worthless.

Why signing is where wills fail

Courts rarely throw out a will because of a drafting error. They throw out wills because a witness was missing, a witness was also a beneficiary in a state that penalizes that, the testator signed in another room, or a page was swapped after signing. These are formalities, and formalities are strict. The signing cover sheet that accompanies every document on this site exists to walk through the exact requirements for the selected state.

Before the signing

Read the whole document. The testator reads every page and confirms names, gifts, and the executor and guardian choices are correct. Corrections are made and a clean copy is printed. Handwritten changes on the final document are a common source of challenges and are not recommended.

Print single-sided on plain paper. Number the pages if the document does not already. Do not staple, unstaple, and restaple; some courts view staple holes as evidence that pages were changed.

Gather the right people. The testator, the required witnesses, and, if a self-proving affidavit will be signed, a notary. Everyone needs to be in the same room at the same time.

Have identification ready. The notary will need government-issued photo ID from the testator and usually from the witnesses.

Who can be a witness

Nearly every state requires two witnesses. A few require more in certain circumstances, and the number is stated on the cover sheet. The general requirements:

• Adults. Usually 18 or older.
• Mentally competent. Able to understand what they are witnessing.
• Disinterested. This is the important one. A witness who is also a beneficiary under the will creates a problem. In some states, the gift to that witness is void unless there are enough other disinterested witnesses. In others, the will remains valid but the interested witness must prove there was no undue influence. In a few, the entire will may be at risk. Spouses of beneficiaries are treated as interested in many states.

The safe choice is to use witnesses who receive nothing under the will and are not married to anyone who does: neighbors, coworkers, friends, or staff at the notary’s office or a bank. The named executor can usually serve as a witness if they are not also a beneficiary, but using someone else avoids any question.

Witnesses do not need to read the will. They need to see the testator sign (or acknowledge a signature already made) and understand that the document is the testator’s will.

The signing ceremony

1. The testator states, in front of the witnesses, that the document is their will and that they are signing it voluntarily. The words do not have to be formal; “This is my will and I’m asking you to witness my signature” is enough in most states.
2. The testator signs at the end of the will, in full view of all witnesses. Many people also initial each page, which is not required in most states but helps show that no pages were substituted.
3. The witnesses sign in the spaces provided, in the presence of the testator and, in most states, of each other. They print their names and addresses so they can be located later.
4. If a self-proving affidavit is being used, the testator and witnesses then sign the affidavit in front of the notary, who administers an oath, signs, and applies a seal. The affidavit is a separate page attached to the will.

Order and presence matter. Some states require that the witnesses sign in each other’s presence as well as the testator’s. The conservative approach, which satisfies every state, is to have everyone in the room for the entire ceremony with no one stepping out.

Notary versus witnesses

People frequently assume a notarized will is valid. In most states, that is wrong. A notary’s seal on the will itself does not substitute for witnesses; the will still needs two witness signatures. Conversely, most states do not require a notary for the will to be valid at all.

Where the notary comes in is the self-proving affidavit, a sworn statement by the testator and witnesses that the will was properly executed. Without it, the probate court may require one or both witnesses to appear or sign a declaration years later, when they may have moved, died, or forgotten. With it, the will is admitted on the paperwork alone. Nearly every state offers this option, and it is included with the will on this site where the state provides one. See What Is a Self-Proving Affidavit?.

Louisiana is the exception. Its standard “notarial testament” requires a notary and two witnesses to sign the will itself using specific attestation language, and a will that does not follow the form is invalid. Louisiana users see a separate banner and template on this site.

Common mistakes

• Signing with only one witness or with a witness who leaves before the other signs.
• Using a beneficiary or a beneficiary’s spouse as a witness.
• Signing on different days or in different places. The testator and witnesses sign together.
• Not dating the will, which makes it hard to tell which of several wills is the latest.
• Making handwritten edits after signing. Changes require a codicil signed with full formalities or, better, a new will.
• Losing the original. Courts presume that a will last known to be in the testator’s possession, and now missing, was destroyed on purpose. See Where to Keep Your Original Will.

Electronic and remote options

A growing number of states recognize electronic wills or permit remote witnessing by video under specific rules, some of which were expanded during the pandemic and later made permanent. The rules vary substantially, including whether the notary must be physically present, whether a specific platform must be used, and how the electronic record is stored. For most people, a paper will signed in person remains the simplest path and is accepted everywhere. The state page notes whether electronic or remote options exist.

After signing

Store the original somewhere safe and tell the executor where it is. Keep copies for reference, clearly marked as copies. Download or print the signing cover sheet and keep it with the will; it documents the process followed. Then revisit the will after major life events. See When to Update Your Will.

Frequently asked questions

Does a will have to be notarized to be valid?

In most states, no. A will needs the testator’s signature and the required witnesses. A notary is needed only for the optional self-proving affidavit, which is strongly recommended. Louisiana’s notarial testament is the main exception. Confirm the rule for a specific state with a licensed attorney.

Can a family member be a witness?

A family member who is not a beneficiary and not married to a beneficiary can generally serve. Because many family members are beneficiaries, and because some states treat gifts to a witness as void, unrelated witnesses are the safer choice.

Can the witnesses sign later?

In most states, no. Witnesses sign in the presence of the testator during the same ceremony. A few states allow a witness to sign within a reasonable time afterward, but relying on that is risky.

What if a witness cannot be found when the will goes to probate?

If the will has a self-proving affidavit, it is admitted without the witnesses. If not, the court may require testimony from the witnesses or other evidence that the will was properly signed, which can delay probate and add cost.

Ready to make your will?

The questionnaire at /start produces a will with the correct signature blocks and a self-proving affidavit where the state provides one, along with a signing cover sheet listing the witness count and notary requirement. Signing requirements differ from state to state; see the guide for a specific state at /wills/, and have the finished will reviewed by a licensed attorney before signing.

This article is general information, not legal advice. Laws vary by state and change. Confirm anything that matters to you with a licensed attorney in your state.