Wills and Trusts Laws by State: Witnesses, Holographic Wills (2026)

Wills and revocable living trusts are governed by state law, so the rules turn on where a person lives and where the document is signed. In most states a valid will is a writing, signed by the person making it (the testator), and signed by two witnesses who saw the signing or heard the testator acknowledge it. A notary is almost never needed for validity; in most states a notary appears only for an optional self-proving affidavit, and Louisiana's notarial testament is the main exception.

This hub compares those rules across all 50 states and the District of Columbia, then links to a page for each state with the statutes behind every rule.

Information last verified on 2026-10-20. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This page covers state law on making, signing, changing and revoking wills and revocable living trusts in the 50 states and D.C., plus the federal rules that override it. It does not cover what happens when someone dies without a will or how probate works (see probate laws by state), small-estate procedures (see small estate affidavits by state), powers of attorney (see power of attorney laws), health-care directives or "living wills" (see the advance directive generator), or estate, gift and income tax planning.

What makes a will valid

Most state rules are built from the same three elements: a writing, the testator's signature, and attestation by witnesses. The model Uniform Probate Code, which states may enact in whole, in part or not at all, states the pattern in section 2-502: a will must be in writing, signed by the testator or by someone else "in the testator's conscious presence and by the testator's direction," and either signed by at least two witnesses or acknowledged by the testator before a notary. Each state's own statute is what controls, and the differences are in the details.

The testator must usually be 18 or older and of sound mind. There are exceptions. Georgia lets a person 14 or older make a will (O.C.G.A. 53-4-10), and Louisiana sets the age at 16 (La. C.C. art. 1476). Texas allows a younger person who is or has been married or serves in the armed forces (Est. Code 251.001), Indiana allows a younger member of the armed forces or merchant marine (IC 29-1-5-1), and Iowa treats a person who has married as of full age (Iowa Code 633.3(20)). Several states, including Florida, Idaho, Maine, Missouri, New Mexico, South Carolina and Vermont, also let certain emancipated minors make a will.

How many witnesses a will needs

Two witnesses is the rule in nearly every state. The variations are about who the witnesses are, where they must be and what they must do:

• Witnesses or a notary. Colorado (C.R.S. 15-11-502) and North Dakota (N.D.C.C. 30.1-08-02) accept either two witnesses or the testator's acknowledgment before a notary. Both follow the model UPC text on this point.
• Pennsylvania. A will signed by the testator at the end needs no witnesses at signing (20 Pa.C.S. 2502). Two witnesses who sign in the testator's presence are required only when the testator signs by mark or someone signs for the testator. Two competent witnesses must still prove the will at probate unless it is self-proved, uncontested and not signed by mark or by another (3132, 3132.1).
• Louisiana. A notarial testament is executed before a notary in the presence of two witnesses and signed by the testator, both witnesses and the notary (La. C.C. art. 1576). The other permitted form, the olographic testament, needs no witnesses at all.
• In each other's presence. Florida, Indiana, Iowa, Kentucky, New Mexico, Tennessee, Vermont and West Virginia require the witnesses to sign in the presence of the testator and of each other. California, Rhode Island, Virginia and West Virginia require the witnesses to be present at the same time. North Carolina, by contrast, says the witnesses need not sign in each other's presence (G.S. 31-3.3).
• Timing. New York's two witnesses must attest within one 30-day period, and the testator must declare the instrument to be the will (EPTL 3-2.1). Many UPC-style states require each witness to sign "within a reasonable time" after seeing the signing or acknowledgment.
• Signed at the end. Arkansas, Florida, Kansas, New York, Ohio, Oklahoma and Pennsylvania require the testator's signature at the end of the will.
• Witness age. Georgia allows witnesses 14 or older and Texas requires credible witnesses at least 14. Iowa requires 16, Louisiana bars witnesses under 16, and Arkansas, Idaho and Ohio require 18.

States also treat a witness who inherits under the will differently. In Alabama, Alaska, Colorado, Delaware, Florida, Hawaii, Idaho, Maine, Michigan, Minnesota, Montana, New Jersey, New Mexico, North Dakota, South Dakota and Utah, an interested witness does not invalidate the will or any provision of it. In Connecticut, D.C., Georgia, Illinois, Kansas, Massachusetts, Nevada, New Hampshire, New York, Oklahoma, Rhode Island and Vermont, a gift to a witness can be void or voidable, usually unless enough other witnesses signed; several of those states let the witness keep up to his or her intestate share. Arizona adds a rule for wills signed on or after October 1, 2019: a beneficiary or a beneficiary's relative may not witness unless the will is self-proved (A.R.S. 14-2505(B)).

Notarization and the self-proving affidavit

A notary is not part of the validity rule in most states. Instead, most states offer a self-proving affidavit: the testator's acknowledgment and the witnesses' sworn statements, made before a notary or other officer authorized to administer oaths, usually at signing or later. A self-proved will can generally be admitted to probate without calling the witnesses to testify.

The details differ. Tennessee's self-proving affidavit is signed by the witnesses only; the testator does not sign it (Tenn. Code Ann. 32-2-110). Several states rely on witness affidavits, including Arkansas, California, Connecticut, Illinois, Mississippi, Nevada, New York, Oregon, Rhode Island, Washington and West Virginia. In West Virginia those affidavits are not admissible if the will is contested (41-5-15). Ohio has no self-proving affidavit: the court admits the will on its face or, if it requires, on the witnesses' testimony (R.C. 2107.18). Maryland has none for a paper will witnessed in the testator's physical presence (Est. & Trusts 5-303), and D.C.'s self-proving affidavit applies only to electronic wills (D.C. Code 18-908).

Handwritten (holographic) wills

States split three ways on a will written by hand and not witnessed. The count below matches the comparison table.

• Recognized (26 states): Alaska, Arizona, Arkansas, California, Colorado, Hawaii, Idaho, Kentucky, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming. Most of these follow the UPC model and require that the signature and the material portions (or provisions) be in the testator's handwriting. Others require the whole will to be handwritten: Arkansas, Kentucky, Mississippi, North Carolina, Oklahoma, Texas, Virginia, West Virginia and Wyoming, and Louisiana's olographic testament, which must also be dated. Michigan, Nebraska, Nevada and Oklahoma add a date requirement or date rule of their own. Some states require proof of the handwriting at probate, such as three witnesses in Arkansas and North Carolina and two in Tennessee and Virginia.
• Limited to service members or mariners (2 states): Maryland's holographic section covers only a member of the U.S. armed services who signs outside the United States, and the will becomes void one year after discharge unless the testator has died or lacks capacity then (Est. & Trusts 4-103). New York allows one only for a member of the armed forces in actual service during a war or armed conflict, a person serving with such a force, or a mariner at sea, and it expires after one year (three for a mariner) (EPTL 3-2.2).
• No separate exception (22 jurisdictions): Alabama, Connecticut, Delaware, District of Columbia, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Massachusetts, Minnesota, Missouri, New Hampshire, New Mexico, Ohio, Oregon, Rhode Island, South Carolina, Vermont, Washington and Wisconsin. In these states a handwritten will must be witnessed like any other. New Mexico's probate code goes further and excludes a holographic will from its definition of a will (NMSA 45-1-201). In Minnesota and Oregon, a defective document can sometimes be saved under the harmless-error rule described below, and Vermont keeps a military savings clause in 14 V.S.A. 7(a).

Pennsylvania falls outside all three groups. It has no separate holographic section, but because a will signed by the testator at the end needs no witnesses at signing, a handwritten will signed at the end is valid under the same rule (20 Pa.C.S. 2502).

Many states without a holographic exception still honor a will made elsewhere if it was valid where it was signed or under the law of the testator's domicile. Florida is a notable exception: its rule honoring a nonresident's out-of-state will does not extend to holographic or oral wills (Fla. Stat. 732.502(2)).

Oral (nuncupative) wills

An oral will is not valid in most states because the execution statute requires a writing. 15 jurisdictions keep a narrow exception:

• Last sickness or imminent peril: for personal property only, Indiana and Tennessee (imminent peril of death, up to $1,000, or $10,000 in wartime military service), Missouri (imminent peril, up to $500), Kansas, North Carolina and Ohio (last sickness or, in North Carolina, imminent peril), and Washington (up to $1,000 in the last sickness); and Mississippi (last sickness, with two witnesses if the value exceeds $100). Most require witnesses and a prompt writing or probate filing.
• Service members and mariners: D.C., New Hampshire, New York, Rhode Island, Virginia and West Virginia preserve an oral-will rule for people in military service or mariners at sea, generally limited to personal property; New Hampshire also sets conditions for nuncupative wills above $100.
• Oklahoma allows one only up to $1,000, before two witnesses, for a person in military service in the field or at sea or expecting death from an injury that day (84 O.S. 46).

In the other 36 jurisdictions, the execution statute requires a will to be in writing. Pennsylvania repealed its oral-will section in 1974 (20 Pa.C.S. 2503), and Louisiana allows no new oral testaments (La. C.C. art. 1574).

Electronic wills and remote witnessing today

This section describes current law only. The count matches the table column "E-will or remote witnessing today."

Electronic-will statutes in force (16 jurisdictions):

• Arizona: electronic wills under A.R.S. 14-2518, with witnesses physically or electronically present; a self-proved electronic will also needs a notary's electronic signature and seal and a qualified custodian (14-2519).
• Colorado: since January 21, 2021, under what is now Part 13 of Article 11; witnesses may be physically or electronically present, subject to conditions (C.R.S. 15-11-1305).
• District of Columbia: since March 10, 2023; two witnesses in the testator's physical or electronic presence, each a resident of a state and physically located in a state (D.C. Code 18-905).
• Florida: electronic wills under Fla. Stat. 732.521-732.526. Remote witnesses may appear only in a notary-supervised online session; when fewer than two witnesses are physically present, a yes to any of three screening questions means only witnesses in the room count, and video presence is not effective for a vulnerable adult (117.285).
• Idaho: Uniform Electronic Wills Act added in 2023, applying to decedents who die on or after January 1, 2020; witnesses in physical or electronic presence (Idaho Code 15-2-1105).
• Illinois: electronic wills and wills witnessed by audio-video communication since July 26, 2021. A remotely witnessed will must designate Illinois as its place of execution, the witnesses must be in the United States and confirm the testator's identity on the call, and separate witness pages must be attached within 10 business days (755 ILCS 6/15-10).
• Indiana: electronic wills under IC 29-1-21; signing by audiovisual technology requires supervision by an attorney or directed paralegal who signs an affidavit of compliance.
• Kentucky: electronic wills for decedents who die on or after July 15, 2026 (KRS 394.700 to 394.715); witnesses may be in physical or electronic presence, but each must be a Kentucky resident physically in Kentucky when signing.
• Maryland: an electronic or remotely witnessed will through the supervising-attorney path (Est. & Trusts 4-102(c)) or the notary-acknowledged certification path (4-102(d)); the testator must be a Maryland resident or in Maryland, and remote witnesses must be U.S. residents located in the U.S.
• Minnesota: since August 1, 2023, under the Uniform Electronic Wills Act; presence includes an individual in a state communicating with the testator simultaneously by sight and sound (Minn. Stat. 524.1-201).
• Missouri: since August 28, 2025; an electronic will's two witnesses may sign in physical or electronic presence, a rule that applies to electronic wills only (RSMo 474.548).
• Nevada: electronic wills since 2001; the will needs the date and the testator's electronic signature plus an authentication characteristic, an electronic notary, or two attesting witnesses (NRS 133.085), and presence is defined to include real-time audio-video communication (133.088).
• North Dakota: Uniform Electronic Wills Act, applying to decedents who die after July 31, 2021, with the same two-witness or notary-acknowledgment choice as paper wills (N.D.C.C. 30.1-37-04).
• Oklahoma: for decedents who die on or after November 1, 2024; two witnesses, each a resident of a state and physically in a state, in physical or electronic presence (84 O.S. 905, 910). Paper wills have no video route.
• Utah: Uniform Electronic Wills Act effective August 31, 2020; two witnesses in physical or electronic presence (Utah Code 75-2-1405).
• Washington: Uniform Electronic Wills Act (RCW 11.12.400 to 11.12.491) for decedents who die on or after January 1, 2022; witnesses may also be in the testator's electronic presence since that date.

Remote or video witnessing of paper wills, without an electronic-will statute (6 states):

• Iowa: since July 1, 2023, presence may be physical or electronic if the witness and testator can see and hear each other in real time, and a remotely signed will may be executed in counterparts (Iowa Code 633.279).
• New Hampshire: for wills executed on or after March 23, 2020, remote presence counts only when the notarial officer is the drafting New Hampshire attorney, a supervised New Hampshire attorney or a supervised paralegal and everyone can communicate by sight and sound when all sign; it does not allow electronic wills (RSA 551:2, III).
• North Carolina: a temporary law treats a witness who watches over live audio and video as an in-person witness, subject to conditions; it ends July 1, 2027, or earlier if the first remote electronic notary license issues (G.S. 10B-200, 10B-201).
• South Dakota: since July 1, 2022, witnesses to a non-holographic will may sign by video in the testator's electronic presence, but a person signing for the testator must be physically present (SDCL 18-8-1, 18-8-2).
• Wisconsin: since March 23, 2024, only when every condition of Wis. Stat. 853.03(2)(c) is met, including a supervising Wisconsin-licensed attorney, everyone physically in Wisconsin, delivery or mailing of the signed original, and the attorney's affidavit of compliance.
• Wyoming: since July 1, 2023, witnesses may appear by audio-video technology if they can see and hear the testator in real time, judge the testator's competency, securely sign electronically and determine the testator is signing freely (W.S. 2-6-112(b)).

No electronic will and no remote witnessing today (29 states): Alabama, Alaska, Arkansas, California, Connecticut, Delaware, Georgia, Hawaii, Kansas, Louisiana, Maine, Massachusetts, Michigan, Mississippi, Montana, Nebraska, New Jersey, New Mexico, New York, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia and West Virginia. Some of these say so expressly: Oregon's definition of a writing for wills excludes an electronic record and its remote-witnessing statute does not apply to wills (ORS 112.235(4), 42.141), Ohio's "conscious presence" excludes distant communication (R.C. 2107.03), Connecticut makes a remote acknowledgment in making a will or trust ineffective, and Louisiana bars remote online notarization of testaments and trust instruments. New York's electronic-will sections (EPTL 3-6.1 to 3-6.9) take effect December 12, 2027, and an electronic will under them must be filed with the court system within 30 days of execution. Bills in New Jersey (S1336), Pennsylvania (SB 1138) and Michigan (HB 5701) would add electronic wills but are not law. North Carolina's newer rule letting an attorney store an attested paper will as an electronic record (G.S. 31-72) is storage, not an electronic will.

Expired COVID-era video witnessing

Many states allowed video or remote witnessing of wills under temporary emergency orders or laws starting in 2020 (Vermont's emergency notary rules ran through 2024), and those rules have ended. A will signed today under one of them would not meet the current rule. States whose pages describe an expired temporary rule include Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Georgia, Hawaii, Illinois, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Missouri, Tennessee and Vermont. Vermont's permanent notary rules took effect February 26, 2025, so its temporary subsection no longer applies to a will signed now.

When a will misses a formality: harmless error

The model UPC section 2-503 lets a court treat a defectively executed document as a will if the proponent shows by clear and convincing evidence that the decedent intended it as a will. State versions differ:

• Clear-and-convincing dispensing rules: Hawaii, Michigan, Montana, New Jersey, South Dakota and Utah; Colorado within the limits of C.R.S. 15-11-503(2); Minnesota for documents executed on or after March 13, 2020; and Oregon, where for deaths on or after January 1, 2026 the writing must be signed and not an electronic record (ORS 112.238).
• Narrower cures: California's cure reaches only the witness requirement (Prob. Code 6110(c)(2)). Virginia's applies only in a circuit-court proceeding filed within one year of death and cannot excuse a missing testator's signature except in two listed mix-ups (Va. Code 64.2-404). Ohio's applies only if the document was signed before two or more witnesses (R.C. 2107.24). D.C.'s applies to electronic wills only (D.C. Code 18-906).
• No dispensing rule: Delaware (a noncomplying will is void), Florida, Idaho, Kansas, Kentucky (paper wills), Massachusetts (section 2-503 is reserved), Mississippi, Missouri (paper wills), Nebraska, Nevada, New Hampshire, New Mexico (reserved), New York, North Carolina, North Dakota, Oklahoma (paper wills), Rhode Island, Texas and Washington. Louisiana declares a testament that misses a required formality absolutely null (La. C.C. art. 1573). For the remaining states, see the state page.

Changing or revoking a will

The model UPC section 2-507 describes the usual methods: a later will that revokes the earlier one expressly or by inconsistency, or a "revocatory act" such as burning, tearing, canceling, obliterating or destroying the will, done with intent to revoke by the testator or by another person in the testator's conscious presence and at the testator's direction. Texas, for example, allows revocation by a later will, codicil or written declaration executed with like formalities, or by destroying or canceling the will (Est. Code 253.002). A codicil amends a will and must be executed with the same formalities.

Marriage can matter too. In Nevada, marriage after a will revokes it as to the surviving spouse unless an exception applies (NRS 133.110), in Oregon a later marriage revokes an earlier will if the spouse survives, subject to exceptions (ORS 112.305), and in Rhode Island marriage revokes an earlier will unless it was made in contemplation of the marriage (R.I. Gen. Laws 33-5-9). Kansas and Maryland revoke an earlier will on marriage followed by a child. Kentucky says marriage does not revoke a will (KRS 394.090).

Does divorce revoke a will?

Divorce almost never revokes the whole will. In most states it revokes the will's gifts to the former spouse, and often the spouse's nomination as executor or trustee, unless the will (and in many states a court order or property-division contract) says otherwise. Georgia, Illinois, Missouri, North Carolina and Texas instead read the will as though the former spouse had died, and Mississippi, since July 1, 2020, as though the former spouse had failed to survive the testator (Miss. Code Ann. 91-29-1). Many revive the provisions if the former spouses remarry each other. The conditions matter, so the state pages give them in full.

The bigger difference is reach. The model UPC section 2-804 revokes revocable dispositions to the former spouse in any "governing instrument," which can include a revocable trust and a beneficiary designation. Grouped by what the state's rule reaches (the count matches the last table column):

• Reaches revocable trusts and beneficiary designations, in the same section or separate statutes, with conditions (36 states): Alabama, Alaska, Arizona, California, Colorado, Florida, Hawaii, Idaho, Indiana, Kansas, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Virginia, Washington, Wisconsin and Wyoming. Conditions vary widely. Mississippi's rules date from July 1, 2020. California's nonprobate rule applies only to divorces on or after January 1, 2002 and excludes life insurance (Prob. Code 5040, 5048). Texas's plan-designation rule does not apply to public retirement systems (Fam. Code 9.302). Virginia's trust rule covers events on or after July 1, 2018 and its designation rule decrees on or after July 1, 1993.
• Reaches revocable trusts; for beneficiary designations, see the state page (5 states): Illinois, Iowa, Maryland, New Hampshire and North Carolina. Examples: Illinois revokes revocable provisions for the former spouse in a living trust signed before the judgment, for trusts executed after January 1, 1982 (760 ILCS 3/605); Maryland's trust rule applies to judgments on or after October 1, 2016; New Hampshire's covers trusts in which a sole grantor reserved a power to revoke.
• The will section addresses the will only; see the state page for other instruments (9 jurisdictions): Arkansas, Connecticut, Delaware, Georgia, Kentucky, Rhode Island, Tennessee, Vermont and West Virginia. West Virginia's transfer-on-death deed statute makes its rules at the owner's death subject to the will section (W. Va. Code 36-12-13(a)); the state page explains that cross-reference. Tennessee's trust code applies the rules of construction for wills to trusts "as appropriate" (Tenn. Code Ann. 35-15-112) without saying which rules, so the statute does not settle how a divorce affects a revocable trust.
• No divorce-revocation section (1 jurisdiction): District of Columbia. D.C. Code 18-109, which lists how a will is revoked, does not mention divorce; its text preserves revocation "by implication of law," a question for the courts, and the District's trust-revocation sections contain no divorce rule (19-1306.01 to 19-1306.04).

The federal limit. For employer benefit plans governed by ERISA, the U.S. Supreme Court held in Egelhoff v. Egelhoff, 532 U.S. 141 (2001), that federal law pre-empts a state statute revoking a spouse's beneficiary designation on divorce, as applied to those plans, and in Hillman v. Maretta, 569 U.S. 483 (2013), it held that federal law pre-empts a state rule that redirects the proceeds of a federal employee (FEGLI) life insurance policy away from the named beneficiary. So a state rule that reaches beneficiary designations may not change who receives an ERISA plan benefit or FEGLI proceeds. These decisions concern beneficiary designations under those federal programs; they do not address what a state rule does to a will or a revocable trust. See the federal section below.

Can a will disinherit a spouse or children?

A will can leave out almost anyone, but most states protect a surviving spouse, and many protect a spouse or child the will left out only because it was signed before the marriage or the birth. What happens when there is no will, and how probate works, is covered on the probate laws by state pages.

• Elective or statutory share: most states let a surviving spouse take a share set by statute instead of what the will provides, usually by filing within a deadline. Shares range from fixed fractions (one-third in many states) to percentages that grow with the length of the marriage, as in Colorado, Hawaii, Kansas, Maine, Minnesota, Montana, North Carolina, Oregon, South Dakota, Tennessee, Virginia and West Virginia. Some states count revocable-trust property toward the share, including Iowa, New York and Pennsylvania.
• Community property: Arizona, California, Idaho, Louisiana, Nevada, New Mexico and Washington treat property acquired during the marriage as community property, so the surviving spouse already owns half and a will passes only the deceased spouse's share. Texas is also a community-property state (Tex. Fam. Code 3.002); see its state page. Wisconsin's election runs against the deferred marital property estate.
• Omitted spouse and children: the model Uniform Probate Code gives a share to a spouse who married the testator after the will was signed, unless the will was made in contemplation of the marriage or another listed exception applies (section 2-301), and to a child born or adopted after the will was signed who is not provided for in it, subject to exceptions (section 2-302). Many states have their own omitted-spouse or omitted-child rule with different conditions: Kentucky, for example, gives a child born or adopted after the will an intestate share unless one of three exceptions applies (KRS 394.382), while Wyoming has no statutory share for an omitted child or a later spouse. See the state page.
• Family allowances: the model code also gives a surviving spouse a homestead allowance and exempt property (if there is no surviving spouse, the homestead allowance goes to minor and dependent children and the exempt property to the decedent's children), and gives the spouse and minor or dependent children a reasonable family allowance during administration (sections 2-402 to 2-404). Whether and how a state does this varies.
• Georgia has no elective share; a spouse can petition for year's support, and a spouse married after the will takes an intestate share unless the will contemplated the marriage.
• Louisiana protects forced heirs, children 23 or younger or permanently incapable, who are entitled to a forced portion and can be disinherited only for just cause stated in the testament (La. C.C. arts. 1493-1495, 1624).

No-contest clauses, which take away a gift from a beneficiary who challenges the will, also vary. Florida does not enforce them in wills (Fla. Stat. 732.517); many UPC states refuse to enforce them when there was probable cause for the challenge; Kansas has no statute, but its Supreme Court has held such a clause enforceable unless the beneficiary had probable cause (Hamel v. Hamel, 2013); Nevada, New Hampshire, New York and Oregon enforce them even with probable cause, subject to listed exceptions; Massachusetts enforces a no-contest clause in a will (G.L. c. 190B, 2-517); and Delaware enforces them except in five listed situations (12 Del. C. 3329). In Oklahoma, a new section taking effect November 1, 2026 (60 O.S. 1604.17, added by Senate Bill 2104) will make such a clause in a will or trust enforceable unless the person who brought the contest proves that just cause existed and that the action was brought and maintained in good faith; until then, the rules on the Oklahoma page apply.

Revocable living trusts

A revocable living trust is a trust the settlor creates during life and can change or revoke. State trust codes govern it. Many are enactments of the Uniform Trust Code, a model act, and carry that name, such as the Alabama, Kansas, Kentucky, Maine, Massachusetts, Missouri, North Carolina and Tennessee Uniform Trust Codes. Others are each state's own law: California Trust Law, the Texas Trust Code, Indiana's trust statutes in IC 30-4, Washington's chapters 11.98 and 11.103, Delaware's Title 12, the Louisiana Trust Code and South Dakota's Title 55, among others. Idaho and Rhode Island have no Uniform Trust Code.

Is a trust revocable by default?

The model UTC section 602 says that unless the terms of a trust expressly make it irrevocable, the settlor may revoke or amend it, and that the rule does not apply to trusts created under instruments executed before the code took effect. The states fall into four groups (the count matches the table):

• Revocable unless the terms say irrevocable (40 jurisdictions): Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, District of Columbia, Florida, Hawaii, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin and Wyoming. Most limit the default to trusts created under instruments signed on or after a set date, such as January 1, 2006 in North Carolina and South Carolina or January 1, 2015 in Maryland. Wisconsin frames it as a rebuttable presumption, and Oklahoma's rule does not apply to a spendthrift trust unless the trustor created it for his or her own benefit.
• Irrevocable unless revocation is reserved or the terms say revocable (8 states): Georgia, Illinois, Louisiana, Minnesota, Nevada, New York, South Dakota and Washington. In Georgia the settlor has no power to revoke unless it was expressly reserved (O.C.G.A. 53-12-40). Illinois requires the instrument to say the trust is revocable or give an unrestricted power of amendment (760 ILCS 3/602(a)). Louisiana requires a reserved right to revoke or an unrestricted right to modify (La. R.S. 9:2041). Minnesota (Minn. Stat. 501C.0602(a)), New York (EPTL 7-1.16), Washington (RCW 11.103.030(1)), Nevada (NRS 163.004(2)) and South Dakota (SDCL 55-3-6) take the same approach. In these states, a trust whose terms do not reserve a power to revoke or state that it is revocable is irrevocable under the statute.
• No statutory default (2 states): Idaho's trust statutes set no revocability default, revocation method or contest deadline for a living trust, and Rhode Island's statutes say only that a written trust is not invalid because the settlor keeps the power to revoke or amend it (R.I. Gen. Laws 18-4-27).
• See the state page (1 state): Delaware.

Signing formalities for a trust

Most trust codes require no witnesses or notary to create a revocable trust; many require clear and convincing evidence to prove an oral trust, and a trust of land usually needs a signed writing. A few states impose real formalities:

• Florida: for a revocable trust created on or after July 1, 2007 by a settlor domiciled in Florida when it is signed, the testamentary aspects are invalid unless the instrument is executed with will formalities (Fla. Stat. 736.0403(2)(b)), with an exception for certain retirement-plan trusts.
• New York: a lifetime trust must be in writing and either acknowledged as for recording a deed or signed before two witnesses, by the creator and, unless the creator is sole trustee, at least one trustee (EPTL 7-1.17). It is valid only as to assets actually transferred to it (7-1.18).
• Delaware: for trusts executed on or after January 1, 2001 with an interest contingent on surviving the trustor, creating, modifying or revoking the trust is void unless the writing is signed and witnessed as 12 Del. C. 3545(a) requires (one disinterested or two credible witnesses) or signed by a disinterested trustee.
• Louisiana: an inter vivos trust must be made by authentic act or by a private act signed before two witnesses and acknowledged (La. R.S. 9:1752).
• Signed writing: Georgia, Indiana, Iowa, Montana, Pennsylvania, Texas and West Virginia require a writing signed by the settlor (or, in some, a trustee or agent), and New Jersey requires a trust to be created in writing. West Virginia allows an electronic record and signature since June 6, 2024, and Pennsylvania makes oral trusts created after its 2006 code unenforceable.

Electronic trust documents: since August 1, 2026, Minnesota's Uniform Electronic Estate Planning Documents Act (Laws 2026, c. 45, Minn. Stat. ch. 533) provides that a record creating, modifying or revoking a trust, or a certification of trust, may not be denied legal effect solely because it is in electronic form (533.13(a)). The act does not apply to wills.

Amending, revoking and contesting a trust

The model UTC lets the settlor revoke or amend by substantially complying with a method in the trust terms or, unless that method is made exclusive, by a later will or codicil that expressly refers to the trust or specifically devises property that would otherwise pass under it, or by any other method showing clear and convincing evidence of intent. States narrow this. Alabama requires a later written instrument delivered to the trustee (Ala. Code 19-3B-602(c)); Alaska, and California for trusts signed on or after July 1, 1987, accept a signed writing, other than a will, delivered to the trustee during the settlor's lifetime; Arizona and Texas require a writing for a written trust. Ohio does not let a will revoke or amend a trust unless the trust expressly allows it (R.C. 5806.02(C)), Connecticut lets a will do so only if it is admitted to probate and expressly refers to the trust or devises specific trust property, and Louisiana uses an authentic act, a two-witness acknowledged act or a testament (La. R.S. 9:2051).

After the settlor dies, the time to contest a trust that was revocable at death is short in most states. The model UTC section 604 uses the earlier of a bracketed three years after death or 120 days after the trustee sends a copy of the trust and a notice, leaving the numbers to each state. State versions range from 60 days after the trustee's notice in Massachusetts (with a one-year outer limit) and South Dakota (with other events listed) to five years after death in Hawaii (with a 90-day notice period). California uses 120 days after service of the trustee's notification, or 60 days after delivery of the trust terms within that period if later; Georgia two years after death, and Rhode Island sets no statutory deadline. The state pages give the exact period.

Two other features appear in some states. Alaska and Idaho require the trustee of a trust administered in the state to register it with the court (AS 13.36.005; Idaho Code 15-7-101). The model UTC section 1013 lets a trustee give a third party a "certification of trust" instead of the full trust instrument, listing facts such as the trust's existence, the trustee and the trustee's powers; Idaho's version is an affidavit signed and acknowledged by all acting trustees (Idaho Code 68-114).

Pour-over wills

A pour-over will leaves property to the trustee of a living trust, so assets that were never moved into the trust during life can pass under its terms. The model provision is UPC section 2-511, the Uniform Testamentary Additions to Trusts Act: a will may leave property to a trust identified in the will whose terms are in a separate written instrument, the gift "is not invalid because the trust is amendable or revocable," and unless the will provides otherwise, revoking or terminating the trust before the testator's death causes the gift to lapse.

State versions follow that pattern with their own details. California requires the trust instrument to be signed before, with, or within 60 days after the will (Prob. Code 6300). Texas allows a gift to a trust established during life, or to one established at death if it is identified in the will and its terms are in a separate writing or in the will of a person who died first (Est. Code 254.001). Idaho allows the gift even to an unfunded, amendable or revocable trust (Idaho Code 15-2-511). Vermont covers a trust instrument signed before or with the will, and the gift lapses if the trust is revoked before death unless the will sets out the trust terms (14 V.S.A. 2329). How a will is probated is covered on the probate laws by state pages.

Wills and trusts laws: 51-jurisdiction comparison table

Each cell summarizes the state page; conditions, dates and exceptions are on the page for that state. "See state page" means the rule needs more context than a table cell can carry.

The federal layer

Federal law does not set ordinary will or trust signing rules, but it overrides state law in a few places.

Military wills (federal). Under 10 U.S.C. 1044d(a), a military testamentary instrument "is exempt from any requirement of form, formality, or recording before probate that is provided for testamentary instruments under the laws of a State" and has the same legal effect as a will executed under the law of the state where it is presented for probate. It qualifies only if it is executed by or for a person eligible for military legal assistance, notarized by a military legal assistance counsel or a notary supervised by one, signed in the presence of at least two disinterested witnesses (in addition to the notary) who attest by signing, and prepared and executed in accordance with the regulations prescribed under the section (1044d(b), (c)). For this section, "State" includes D.C., Puerto Rico, the Northern Mariana Islands and U.S. possessions. Maine's statute recognizing wills made elsewhere names 10 U.S.C. 1044d expressly (18-C M.R.S. 2-505).

Beneficiary designations and divorce (federal). In Egelhoff v. Egelhoff, 532 U.S. 141 (2001), the Supreme Court held that ERISA pre-empts a Washington statute revoking a spouse's beneficiary designation on divorce "to the extent it applies to ERISA plans." In Hillman v. Maretta, 569 U.S. 483 (2013), it held that the Federal Employees' Group Life Insurance Act pre-empts a state rule that "automatically assigns an interest in the proceeds of a FEGLI policy to a person other than the named beneficiary or grants that person a right to recover such proceeds." In Sveen v. Melin, 584 U.S. 811 (2018), it held that applying Minnesota's revocation-on-divorce statute retroactively to a life insurance designation made before the statute was enacted "does not violate the Contracts Clause." Sveen addressed only the Contracts Clause; Egelhoff and Hillman mark the federal limits for ERISA plans and FEGLI policies.

Revocable trusts and Medicaid (federal). For Medicaid eligibility, when a revocable trust holds an individual's assets and was established other than by will by the individual, the individual's spouse or someone acting for either of them, 42 U.S.C. 1396p(d)(3)(A) treats "the corpus of the trust" as resources available to the individual, payments to or for the individual as income, and other payments as assets disposed of by the individual. If the trust also holds other people's assets, the rule applies to the individual's portion (1396p(d)(2)(B)).

Income tax (federal). Under 26 U.S.C. 676(a), the grantor is treated as the owner of any portion of a trust where the power to revest title in the grantor is exercisable by the grantor or a non-adverse party, or both.

Estate tax (federal). The IRS states that Public Law 119-21 set the basic exclusion amount at $15,000,000 for calendar year 2026. This page does not give tax advice.

Making a will in practice

A basic will can be drafted with the free last will and testament generator, which has a version for each state. A draft is only a draft: the will must still be signed and witnessed exactly as the state's statute requires, as summarized above and detailed on each state page. Complex estates, blended families, business interests or tax concerns are reasons to talk with a lawyer licensed in the state.

Related pages

• Probate laws by state
• Small estate affidavits by state
• Power of attorney laws by state
• Homestead exemption laws by state
• Free last will and testament generator

Disclaimer: This page provides general legal information about wills and revocable trusts in the 50 states and the District of Columbia, and about federal law where it applies. It is not legal advice. Statutes change and each state attaches conditions that a summary cannot carry; for a specific situation, contact a lawyer licensed in the relevant state.

Last updated: 2026-10-20.

Frequently Asked Questions

What makes a will valid?

In most states a will must be in writing, signed by the testator (or by another person at the testator's direction and in the testator's presence), and signed by two witnesses who saw the signing or heard the testator acknowledge it. The testator must usually be 18 or older and of sound mind; Georgia allows 14 and Louisiana 16. Each state page gives the exact rule and section.

How many witnesses does a will need?

Two in nearly every state. Colorado and North Dakota accept a notary acknowledgment instead of witnesses, and Pennsylvania requires witnesses at signing only when the testator signs by mark or another person signs for the testator, though two witnesses prove the will at probate unless it is self-proved.

Which states allow handwritten (holographic) wills?

Alaska, Arizona, Arkansas, California, Colorado, Hawaii, Idaho, Kentucky, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming recognize an unwitnessed handwritten will that meets their requirements. Maryland and New York allow one only for certain service members or mariners. Pennsylvania accepts any will signed at the end, and the other states require witnesses, though many honor a will valid where it was signed.

Can I make an electronic will or sign with remote witnesses?

Electronic-will statutes are in force in Arizona, Colorado, District of Columbia, Florida, Idaho, Illinois, Indiana, Kentucky, Maryland, Minnesota, Missouri, Nevada, North Dakota, Oklahoma, Utah and Washington, each with its own conditions and dates. Iowa, New Hampshire, North Carolina, South Dakota, Wisconsin and Wyoming allow remote or video witnessing of paper wills under set conditions. New York's electronic-will law takes effect December 12, 2027, and the other states have no electronic-will or remote-witnessing rule in force.

Does a will need to be notarized?

Not in most states. A notary is usually used only for the optional self-proving affidavit. Colorado and North Dakota allow a notarized acknowledgment in place of witnesses, and a Louisiana notarial testament is executed before a notary and two witnesses.

Is a living trust revocable by default?

In 40 jurisdictions a trust is revocable unless its terms expressly make it irrevocable, often only for trusts signed after a set date. In Georgia, Illinois, Louisiana, Minnesota, Nevada, New York, South Dakota and Washington a trust is irrevocable unless the settlor reserved a power to revoke or the terms say it is revocable. Idaho and Rhode Island set no statutory default.

What is a pour-over will?

A will that leaves property to the trustee of a living trust identified in the will. The model Uniform Probate Code section 2-511 says such a gift is not invalid because the trust is amendable or revocable, and that revoking the trust before death causes the gift to lapse unless the will provides otherwise; each state's own section controls.

Does divorce revoke a will?

In most states divorce revokes the will's gifts to the former spouse, not the whole will, unless the will says otherwise. Many states extend the rule to revocable trusts and beneficiary designations under conditions. Federal law pre-empts state rules that change the beneficiary of an ERISA employer plan or a federal employee (FEGLI) life insurance policy.

Can a will disinherit a spouse?

Usually not completely. Most states give a surviving spouse an elective or statutory share that can be taken instead of what the will provides, and in community-property states such as Arizona, California, Idaho, Louisiana, Nevada, New Mexico and Washington, a will passes only the deceased spouse's share of community property. Many states also protect a spouse married after the will was signed, by giving a share or by revoking the earlier will, unless an exception applies.