Execution formalities are the most jurisdiction-specific part of estate planning and the most unforgiving — a validly drafted will fails if executed improperly. The interactive State Formalities Lookup summarizes core requirements; this article explains the moving parts and the trend toward remote and electronic execution.
- Wills generally require two competent witnesses; Louisiana and a few contexts require notarial form or additional formality.
- 'Presence' rules vary — line-of-sight versus conscious-presence — and now, in some states, electronic presence via audiovisual link.
- Interested-witness statutes may purge a bequest to a witness or require an extra disinterested witness; use disinterested witnesses as a rule.
- A self-proving affidavit (witnesses swear before a notary) lets the will be admitted without locating witnesses later — standard best practice.
- Holographic wills (handwritten, unwitnessed) are valid in roughly half the states with varying material-provisions and signature rules.
- The Uniform Electronic Wills Act and state e-will statutes (e.g., Nevada, Florida, Indiana, Utah) permit electronic execution and, in some, remote witnessing — with strict qualified-custodian and identity-verification requirements.
- Remote online notarization (RON) is now broadly authorized for notarizations, but a notarized self-proving affidavit is not the same as remote witnessing of the will itself — check whether the state authorizes remote witnessing for wills specifically.
Do not assume RON covers will witnessing
Authorization for remote notarization does not automatically authorize remote witnessing of a will's attestation. Many states still require witnesses to be physically present for wills even where RON is legal for other documents. Verify before executing remotely.
Key takeaways
- Two disinterested witnesses plus a self-proving affidavit is the safe default; interested-witness rules can purge bequests.
- 'Presence' definitions vary and increasingly include electronic presence in e-will states.
- RON authorization for notarization does not equal authorization to witness a will remotely — confirm state-specific rules.
Authorities
- Uniform Probate Code 2-502, 2-504, 2-505; Uniform Electronic Wills Act (2019)
- State execution and RON statutes (vary)