Witnesses — what you need to know

Witnesses are a legal requirement for a valid will in every U.S. state. Trustwise-generated documents are designed for the two-witness attestation model used by California, New York, and Texas. Here is everything you need to know.

How many witnesses do you need?

All three states Trustwise currently supports require two witnesses. Both must be present at the same time when you sign your will — they cannot sign on separate occasions.

Who can be a witness?

A valid witness must be:

At least 18 years old in California and Texas (New York requires the witness to be of legal age, which is also 18)
Of sound mind — able to understand what they are signing
Not a named beneficiary — if a witness stands to inherit under your will, that gift may be void or the witness may be required to give testimony in court; in California the gift is presumed void unless there are two other disinterested witnesses

The safest choice is two people who are not in your will at all — neighbors, coworkers, or friends work well.

What happens during signing?

You sign (or acknowledge your existing signature on) the will in front of both witnesses at the same time
You declare to them that this is your will — you do not have to read it to them
Each witness signs the will in your presence and in each other's presence
Each witness writes their address on the document

The witness attestation clause printed at the end of your Trustwise document contains the exact language witnesses are confirming when they sign.

Can a notary substitute for witnesses?

No — in California, New York, and Texas, a notary signature does not replace the two-witness requirement for a standard will. However, you may choose to have your will notarized in addition to witness signatures; this can make probate easier by creating a "self-proving" will. Trustwise documents include a self-proving affidavit section that a notary can complete if you choose this optional step.

Common mistakes to avoid

Signing before both witnesses are present — any portion of the signing that happens out of witness view can void the will
Using a spouse or adult child as a witness — while not automatically invalid, it creates risk if that person is also a beneficiary
Witnesses signing on different days — all three signatures should occur in a single session
Missing addresses — some states require witnesses to include their addresses; include them to be safe

If you are unsure whether your circumstances are straightforward, consult a licensed estate-planning attorney before signing.