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- WILL REQUIREMENTS- WITNESSES
-
- There are many issues to be discussed in the laws of wills.
- This tutorial will discuss the requirements for witnesses for
- wills. In addition, we will discuss "holographic" wills and the
- minimum age for the making of a will.
-
- This tutorial presents information up to date as of January,
- 1991. For each of the fifty states and the District of Columbia,
- we present:
-
- 1. How many witnesses are required for wills
- 2. If holographic wills are recognized
- 3. If nuncupative wills are recognized
-
- GENERAL INFORMATION: "Self proving wills" that is wills with
- three witnesses and one separate notary (that is the notary is
- not also a witness) are recognized in all 50 states. Therefore,
- attorney drafted wills almost always have three witnesses and a
- separate notary. That's what you should do. This way your will is
- recognized anywhere.
-
- Most states recognize wills with two witnesses. Then why not just
- have a will with 2 witnesses? Why is the author of this
- information saying to use three? ANSWER: In almost all of those
- states, if the will is to be probated then you must find one of
- the witnesses and get them to testify in court that they were one
- of the witnesses. Don't bother. Use three and a notary and the
- will is self proving-- accepted on its face. (Yes it can be
- challenged as a forgery if needed).
-
-
-
- What is a holographic will? The only safe definition is a
- will that is ENTIRELY in the handwriting of the testator. Some
- states do provide that only the important parts must be written
- in the testator's handwriting. In a state in which all of it must
- be written even using a rubber stamp for your address VOIDS the
- will. There are a few states which provide that the will need
- only be "in material part" in the handwriting of the testator.
- That is a "litigation catcher" (think of a cow catcher on an old
- steam locomotive and you get the picture) and will certainly make
- many attorneys very rich if someone dislikes the provisions of
- the will and drag out probate FOREVER. Don't even bother with
- holographic wills. We provide this information only so that you
- will know if a relative prepared one of them if they will be
- recognized.
-
- Advice on holographic wills- two words-- DON'T USE. A holographic
- will is a severe problem. Some states utterly refuse to recognize
- holographic wills even if they are valid where done. That means
- if you live in a state which recognizes handwritten wills, but
- have (or inherit) property in a state which does not, you are
- then intestate (without a will and means that your relatives will
- pay a lot of money for probate etc.) in the other state. DON'T
- FOOL WITH THESE WILLS. The idea of the holographic will is that
- persons way out on the farm with no access to attorneys and
- notaries could write their wills alone in their own handwriting.
- In the modern world there is virtually no need for them. However,
- we provide this information in case a friend or relative has left
- a holographic will and then you'll have the information at hand
- to know if it is recognized.
-
- Finally, a person writes will out by hand. Two persons sign on as
- witnesses (or there are three witnesses and a notary). That is
- not a holographic will. That is a witnessed will that just
- happens to be handwritten. Holographic wills refer to ones
- entirely handwritten and unwitnessed.
-
- We may mention nuncupative wills in some states. These are
- "verbal wills" witnessed by two persons and then reduced to
- writing within a limited time (usually 10 days). There are so
- many restrictions including:
-
- usually no more than a person's personal effects or a very low
- amount of assets ($ 100 to $ 1,000) can be left in a nuncupative
- will. In addition, most states provide that only military
- personnel, in actual peril may execute such wills.
-
- ALABAMA- 2 persons required as witnesses; no special rules for
- holographic wills [not recognized unless witnessed]
-
- ALASKA- Uniform Probate Code
-
- ARIZONA- 2 persons are required as witnesses; holographic wills
- are recognized
-
- ARKANSAS- 2 persons are required as witnesses; holographic wills
- are recognized- HOWEVER- three persons must testify that the
- writing is that of the testator
-
- CALIFORNIA- 2 persons are required as witnesses; holographic
- wills are recognized, but, if undated, may not be accepted
-
- COLORADO- 2 persons are required as witnesses; holographic wills
- are recognized if they are handwritten in "material part:"
-
- CONNECTICUT- 2 persons are required as witnesses; holographic
- wills made in Connecticut are not valid; however, the same are
- recognized if they were validly made elsewhere
-
- DELAWARE- 2 persons are required as witnesses; holographic wills
- made in Delaware are invalid; however, if valid where made are
- recognized.
-
- DISTRICT OF COLUMBIA- 2 persons are required as witnesses;
- holographic wills are not recognized.
-
- FLORIDA- 2 persons are required as witnesses; holographic wills
- are not recognized.
- p73 GEORGIA- 2 persons are required as witnesses; holographic wills
- are not recognized.
-
- HAWAII- 2 persons are required as witnesses; holographic wills
- are not recognized if made in Hawaii; however, they are valid if
- they are recognized where made.
-
- IDAHO- Uniform Probate Code is in effect; please see the tutorial
- regarding the Uniform Probate code for more information.
-
- ILLINOIS- 2 persons are required as witnesses; holographic wills
- not recognized.
-
- INDIANA- 2 persons are required as witnesses; holographic wills
- not recognized unless witnessed by two persons.
-
- IOWA- 2 persons are required as witnesses; holographic wills not
- recognized.
-
- KANSAS- 2 persons are required as witnesses; holographic wills
- not recognized.
-
- KENTUCKY- 2 persons are required as witnesses; holographic wills
- not recognized unless witnessed by two persons.
-
- LOUISIANA- There are so many categories of wills that the same
- are not explainable in a program of this type intended for non-
- attorneys. Be safe and use two witnesses and a notary or
- preferably three witnesses and a notary.
-
- MAINE- Uniform Probate Code is in effect; please see the tutorial
- regarding the Uniform Probate code for more information.UPC
-
- MARYLAND- 2 persons are required as witnesses; holographic wills
- are recognized ONLY FOR MILITARY PERSONNEL WHILE IN THE SERVICE,
- AND THEN FOR ONLY A YEAR AFTER DISCHARGE FROM ACTIVE DUTY. Thus,
- a person not in military service cannot have a holographic will.
-
- MASSACHUSETTS- 2 witnesses are required; holographic wills are
- not recognized.
-
- MICHIGAN- 2 witnesses are required; holographic wills are
- recognized.
-
- MINNESOTA- 2 witnesses are required; holographic wills are not
- recognized.
-
- MISSISSIPPI- 2 "credible" witnesses; holographic wills are
- recognized; nuncupative wills are given extremely limited
- recognition under elaborate and complicated rules, please consult
- counsel, or assume their invalidity
-
- MISSOURI- 2 witnesses are required; the status of holographic
- wills is not known (therefore assume invalid); a nuncupative will
- is valid if spoken before two disinterested witnesses and reduced
- to writing by them within 30 days, and can only dispose of $ 500
- in property
-
- MONTANA- Uniform Probate Code is in effect; please see the
- tutorial regarding the Uniform Probate code for more information.
-
- NEBRASKA- Uniform Probate Code is in effect; please see the
- tutorial regarding the Uniform Probate code for more information.
-
- NEVADA- 2 witnesses are required; holographic wills are
- recognized, and they are required to be entirely in the
- handwriting of the testator; a nuncupative will is valid, up to $
- 1,000 in property, andmay be made only during the last sickness
- of the debtors; the will must be reduced to writing to the
- witnesses within 30 days.
-
- NEW HAMPSHIRE- 2 witnesses are required; holographic wills are
- not recognized; nuncapacitive wills valid under very limited
- circumstances and then only to $ 100. This low limit effectively
- results in these wills invalidity.
-
- NEW JERSEY- 2 witnesses are required; holographic wills are
- recognized.
-
- NEW MEXICO- Uniform Probate Code is in effect but heavily
- modified. Holographic wills are not recognized. Noncupative wills
- are not recognized.
-
- NEW YORK- 2 witnesses are required; Holographic and noncupative
- wills are only recognized in very limited circumstances and only
- if by persons on active military service or mariners at sea.
-
- NORTH CAROLINA- If the will is to convey real property it must
- have 2 witnesses; holographic wills are recognized, but, only if
- 3 witnesses testify to the validity of the handwriting;
- nuncupative wills only vaild if made during the last illness.
- They must be reduced to writing within 10 days, and then are
- subject to challenge by relatives.
-
- NORTH DAKOTA- Uniform Probate Code.
-
- OHIO- 2 witnesses are required; holographic wills are not
- recognized; nuncupative wills are recognized only as to personal
- effects and then there are severe restrictions including
- requirements that it must be reduced to writing within 10 days.
-
- OKLAHOMA- 1 witness is required, but two are recommended;
- holographic wills are recognized; nuncupative wills may only be
- executed by those in the miltary or at sea and are limited to $
- 1,000 dollars in dispositions; requires that the person making
- the will be in actual peril or fear of death.
-
- OREGON- 2 witnesses are required; holographic and nuncupative
- wills are not recognized.
-
- PENNSYLVANIA- No witnesses are required; however, two are
- recommended; holographic wills are recognized.
-
- RHODE ISLAND- 2 witnesses are required; holographic and
- nuncupative wills are not recognized; however, military personnel
- may will their personal effects by holograph or nuncupative
- wills. Such nuncupative wills require two witnesses and then must
- be reduced to writing within 10 days.
-
- SOUTH CAROLINA- Uniform Probate Code is adopted with changes;
- wills since 6/27/84 require 2 witnesses. Holographic/nuncuptaive
- wills not recognized.
-
- SOUTH DAKOTA- 2 witnesses are required; holographic wills
- (ENTIRELY) handwritten and signed are recognized; nuncupative
- wills are recognized only for sailors or military personnel made
- in contemplation of imminent death, limit of distribution is $
- 1,000, must be reduced to writing within 30 days.
-
- TENNESSEE- Uniform Probate Code state.
-
- TEXAS- 2 witnesses are required; holographic wills are recognized
- with a unique provision that they may be self proved if an
- affidavit is attached providing that the will is:
-
- A) The last will of the testator;
- B) Made when the testator was 18 years of age or older, and, of
- sound mind;
- C) Not revoked when the affidavit was made.
-
- Nevertheless, holographic wills should be avoided as noted in
- previous sections of this tutorial.
-
- Nuncupative wills may be made to distribute the "chattels"
- (personal belongings) of sailors or soliders. Other nuncupative
- will provisions extremely complex, please consult counsel.
-
- UTAH- Uniform probate code.
-
- VERMONT- 3 witnesses are required. Holographic wills not
- recognized. Nuncupative wills only valid for $ 200. The
- nuncupative will must be reduced to writing within six days of
- making. A solider or sailor may dispose of his wages and personal
- possessions without formality.
-
- VIRGINIA- 2 witnesses are required. Holographic wills are
- recognized, but must be WHOLLY handwritten. Soliders or sailors
- may dispose of their personal property by nuncupative will.
-
- WASHINGTON- 2 witnesses are required; holographic wills are not
- recognized unless made out of state and valid there; nuncupative
- wills may only be made by military personnel and are limited to $
- 1,000 worth of property. Individuals in military or maritime
- service may dispose of their wages by nuncupative wills.
- p73 WEST VIRGINIA- 2 witnesses are required; holographic wills are
- recognized; nuncupative wills are recognized for military
- personnel for their personal effects only.
-
- WISCONSIN- 2 witnesses are required; neither holographic or
- nuncupative wills are vaild.
-
- WYOMING- 2 witnesses are required; holographic wills are
- recognized; nuncupative wills are not recognized.