Wills and Estates

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What is a testator?

A testator means someone who makes or has made a Will, or one who dies leaving a Will. Black's Law Dictionary 1323 (5th ed. 1979)  Please see specific state for details and/or differences.

ALABAMA | ALASKA | ARIZONA | ARKANSAS | CALIFORNIA | COLORADO | CONNECTICUT | DELAWARE | FLORIDA 
 GEORGIA | HAWAII | IDAHO | ILLINOIS | INDIANA | IOWA | KANSAS | KENTUCKY | LOUISIANA | MAINE | MARYLAND 
 MASSACHUSETTS | MICHIGAN | MINNESOTA | MISSISSIPPI | MISSOURI | MONTANA | NEBRASKA | NEVADA 
 NEW HAMPSHIRE | NEW JERSEY | NEW MEXICO | NEW YORK | NORTH CAROLINA | NORTH DAKOTA | OHIO 
 OKLAHOMA | OREGON | PENNSYLVANIA | RHODE ISLAND | SOUTH CAROLINA | SOUTH DAKOTA | TENNESSEE 
 TEXAS | UTAH | VERMONT | VIRGINIA | WASHINGTON | WEST VIRGINIA | WISCONSIN | WYOMING

ALABAMA
A person of sound mind and who is at least 18 years of age can make a Will.  The testator must sign the Will or another person can sign the testator's name if the testator is present and directs him or her to do so. The Will must also be signed by at least two witnesses who witnessed the testator sign or to whom the testator acknowledges signature of the Will. The Will or specific provisions do not become invalid if signed by witnesses who are potential beneficiaries. (Section 43-8-130, 131, 134).

ALASKA
A person of sound mind and who is at least 18 years of age may make a Will.  (Code Section 15.11.150). The Will must be signed by the testator or another person can sign the testator’s name at the testator’s direction in his/her presence. The Will must also be signed by at least two witnesses who witnessed the testator signing the Will or to whom the testator acknowledges his/her signature. (Code Section 13.11.155). Bequest to beneficiaries who are also witnesses are allowed. (Code Section 13.11.170).

ARIZONA
A person of sound mind and who is at least 18 years of age can make a Will.  (Section 14-2501) The testator must sign the Will or another person can sign the testator's name if the testator is present and directs him or her to do so. The Will must also be signed by at least 2 witnesses who witnessed the testator’s signing or to whom the testator acknowledges signature of the Will within a reasonable period of time.  (Section 14-2502) An existing document (e.g. contract) can be incorporated into a Will if the Will indicates this is the intent and adequately describes the document. (Section 14-2510) A spouse may only dispose of 1/2 of community property through a Will.  (Section 14-3101) A beneficiary must survive the decedent by at least 120 hours in order to inherit. (Section 14-2104)

ARKANSAS
A person of sound mind and who is at least 18 years of age can make a Will.  (Section 28-25-101). The testator must sign the Will, or another person can sign the testator's name if that person also writes his own name on the document and states that he signed the testator's name at the request of the testator. This signature must take place in the presence of 2 or more witnesses who must also sign in the testator's presence. The testator must declare to the witnesses that the instrument is his Will.  The testator may also sign by a mark on a line where his name is written, in the presence of the witnesses. (Section 28-25-103).

CALIFORNIA
Any person of sound mind and 18 years of age or older can make a Will.  (Section 6100) The testator must sign the Will or another person can sign the testator's name if the testator is present and directs him or her to do so. The Will must also be witnessed and signed by at least 2 witnesses who witnessed the testator’s signing or to whom the testator acknowledges signature of the Will. They must also understand that the instrument they are signing is, in fact, the testator's Will. (Section 6110) Any competent person may sign as a witness. (Section 6112)

There are no limitations on gifts to religious or charitable organizations; however, there are limitations on transfers to the drafter of the Will. (Section 21350)  In that case, the beneficiary may only take a share up to the amount he or she would have received if the decedent died without a Will but, in no event, more than the bequest amount.

A Will is not considered invalid because it is witnessed by a beneficiary.  However, unless at least 2 other disinterested witnesses sign, then a presumption is created that the beneficiary is receiving his or her bequests due to duress or undue influence. (Section 6112)

COLORADO
A person of sound mind and who is at least 18 years of age can make a Will.  (Section 15-11-501) The Will must be in writing and the testator must sign the Will or another person can sign the testator's name if the testator is present and directs him or her to do so. The Will must also be signed by at least 2 witnesses who witnessed the testator sign or to whom the testator acknowledges signature of the Will within a reasonable time. (Section 15-11-502) The Will or any specific provisions do not become invalid if signed by witnesses who are also potential beneficiaries. (Section 15-11-505)

There are no limitations as to what amounts may be given to religious or charitable organizations. The Will may also refer to a separate written statement used to dispose of tangible personal property (jewelry, furniture etc.) to specific beneficiaries.  (Section 15-11-513) This written statement can be changed from time to time without requiring that a new Will be executed.

CONNECTICUT
A person of sound mind and who is at least 18 years of age can make a Will.  (Section 45-160) The Will must be in writing, signed by the testator and by 2 witnesses.  The witnesses must sign in the presence of the testator, but do not need to sign in each other's presence. Connecticut also recognizes Wills executed in other states or countries, as long as they were executed in compliance with that state's or country's laws. (Section 45-161) There are no restrictions as to bequests to religious or charitable organizations. If a witness or his or her spouse is a beneficiary under the Will, the bequest is considered void unless the beneficiary is an heir of the testator.

DELAWARE
A person of sound mind and who is at least 18 years of age can make a Will disposing of both real and personal property. (Section 12-201) The testator must sign the Will or another person can sign the testator's name if the testator is present and directs him or her to do so. Two or more credible witnesses must also attest and sign the Will in the testator's presence. (Section 12-202) A Will is also considered valid if it is executed in compliance with the law at the time and place of execution (e.g. executed while testator is domiciled in another state). (Section 12-1306) Bequests to subscribing witnesses are valid.

FLORIDA
A person of sound mind and who is at least 18 years of age can make a Will.  (Section 732.501) A Will must be in writing and signed by the testator or another person can sign the testator's name if the testator is present and directs him or her to do so. The testator must sign in the presence of at least 2 attesting witnesses or the testator can acknowledge to the witnesses that the Will contains his or her authentic signature. The witnesses must sign the Will in the presence of each other and in the presence of the testator. There is no specified format or wording required. (Section 732.502) Bequests made to beneficiaries who are also witnesses to the Will are considered valid. (Section 732.504)

GEORGIA
A person with a decided, rational desire to dispose of his or her property and who is at least 14 years of age or older may make a Will. (Section 53-2-20) Persons with hearing, speaking or sight disabilities may also make a Will; however, the interpreter and/or writer of the Will must also be an attesting witness and will be examined upon admission for probate. (Section 53-2-24) The testator must sign the Will or another person can sign the testator's name at the testator's direction and in his or her presence. Two or more witnesses must also sign and attest to the Will in the testator's presence. (Section 53-2-40) The testator can acknowledge to the witnesses his or her signature. A testator may not give more than 1/3 of the first $200,000 of the estate to charitable or similar organizations if the testator has a spouse or issue surviving, unless the Will was executed at least 90 days prior to death. (Section 53-2-10) A bequest to a witness is considered void unless there are at least 2 other witnesses who are not beneficiaries. (Section 53-2-45) However, a bequest to a spouse who acted as a witness will generally be considered valid.

HAWAII
A person of sound mind and who is at least 18 years of age can make a Will.  (Section 560:2-501) The testator must sign the Will or another person can sign the testator's name at the testator’s direction and in his or her presence. The Will must also be signed by at least 2 witnesses, who either witnessed the testator’s signing or to whom the testator acknowledges signature of the Will. (Section 560:2-502) There are no limitations on amounts which may be given to charitable organizations, unless the Will was executed less than a specified time prior to death. (Section 560:2-511)  Bequests to witnesses will not be considered invalid. (Section 560:2-505)

IDAHO
A person who is at least 18 years of age or any emancipated minor, being of sound mind, may make a Will. (Section 15-2-501). Every Will must be in writing and be signed by the testator. Another person may sign the testator’s name in the testator’s presence and at his or her direction. The Will must be signed by at least 2 witnesses who witnessed the testator’s signing or to whom the testator acknowledges his or her signature. (Section 15-2-502). A charitable bequest is valid only through a Will executed at least 120 days before the death of the testator. (Section 15-2-615).

ILLINOIS
A person of sound mind and who is at least 18 years of age may make a Will.  (Section 755-5/4-1) The testator must sign the Will or another person can sign the testator's name if the testator is present and directs them to do so. The Will must also be signed by at least 2 credible witnesses in the testator's presence. (Section 755-5/4-3) There is no limitation on gifts to charitable or similar organizations. If a witness is also a beneficiary under the Will, that beneficiary will not receive of the bequest except to the extent that he or she would have been entitled to a share had the Will not existed (i.e. testator had died without a Will). (Section 755-5/4-6)

INDIANA
A person who is of sound mind and who is at least 18 years of age may execute a Will, or one who is under the age of 18, if a member of the armed forces. (Section 29-1-5-1 The testator must sign the Will, or another person may sign the testator's name in the testator's presence and under his or her direction. The Will must also be signed by at least 2 witnesses who witnessed the testator sign, and acknowledge the instrument, or to whom the testator acknowledges signature of the Will. The witnesses must sign the Will in the testator's presence and in the presence of each other. (Section 29-1-5-3) A bequest to a witness will not be valid where the witness's testimony is required to prove the Will. However, in the case where the beneficiary is entitled to a share of the estate had the testator died without a Will, he or she will take the lesser of the intestate share or the amount of the bequest under the Will. (Section 29-1-5-2)

IOWA
A person of sound mind who has reached the age of majority may make a Will.  (Section 633.264) The Will must be in writing, and the testator must sign the Will or another person may sign the testator's name in the testator's presence and at his or her direction. The testator must declare the Will to be valid in the presence of two witnesses, and the witnesses must sign the Will in the presence of the testator and in the presence of each other. (Section 633.279) A bequest to a witness shall be forfeited to the extent it exceeds the amount the witness would have received if the testator had died without a Will. This does not apply in the case where there were two additional disinterested witnesses. (Section 633.281)

KANSAS
A person of sound mind and who has obtained the age of majority may make a Will. (Section 59-601). The testator must sign the written Will, or another person can sign the testator’s name at the testator’s direction and in his or her presence. The Will must also be attested to and signed by at least 2 witnesses who witnessed the testator sign, or to whom the testator acknowledges signature of the Will. (Section 59-606)  There is no limitation on bequests to charitable or educational institutions. A bequest to a witness is void in the case where the witness’s testimony is required to prove the Will.  However, if the witness would have been entitled to a share had the decedent died without a Will, then the witness may receive the bequest up to the amount of the intestate share. (Section 59-604)

KENTUCKY
A person of sound mind and who is at least 18 years of age may make a Will.  (Section 394.020). The Will must be in writing and signed by the testator. Another person can sign the testator’s name in the presence of the testator and at his or her direction. The testator must acknowledge the Will to at least 2 witnesses, who must also sign the Will in the presence of the testator and the presence of each other.  (Section 394.040). There is no limitation on bequests to charitable organizations. A bequest to a witness or to the witness’s spouse is void unless the witness would have been entitled to a share of the estate if the testator died without a Will, in which case the witness will receive no more than the share he or she would have received had the testator died without a Will, up to the amount of the bequest. (Section 394.210)

LOUISIANA
A person who is over the age of 16 and who can understand the general nature and the consequences of the bequest he or she is making may make a Will. (Section 1477). Generally, the testator must date and sign a written Will in the presence of a Notary Public and 2 competent witnesses. The notary and the witnesses must also sign the Will. If the testator is unable to sign because of physical reasons, the testator can declare, in the presence of a Notary Public and 2 witnesses, that this instrument is his or her Will, and then sign by making a mark. (T.9, Section 2442, 2443). Special formalities apply to a nuncupative Will, which is a Will dictated to a Notary Public or written by the testator or by another person from his dictation. Special formalities also apply to a sealed or mystic Will. (Section 1579-80)

Louisiana law also provides for "forced heirs", who may be deprived of a share of the estate only for specific reasons. (Section 1621)

MAINE
Any person who is of sound mind and at least 18 years of age may make a Will.  (Section 2-501). Every Will must be in writing and signed by the testator. Another person can sign the testator’s name at the direction and in the presence of the testator.  The Will must also be signed by at least 2 witnesses who witnessed the testator’s signing, or to whom the testator acknowledged his or her signature. (Section 2-502)

MARYLAND
A person legally competent to make a Will and at least 18 years of age may execute a Will. (Section 4-101). The Will must be in writing and signed by the testator.  Another person can sign the testator’s name, in the testator’s presence, and at his or her direction. Two or more witnesses must attest and sign the Will in the presence of the testator. (Section 4-102). Bequests left to witnesses are considered valid.

MASSACHUSETTS
A person of sound Will, and one who is at least 18 years of age, may make a Will. (Chapter 191, Section 1). The Will must be in writing and signed by the testator.  The testator's signature, by a mark, is considered valid, or another person can sign the testator’s name if the testator is present, and at his/her direction. Two or more competent witnesses must also attest to and sign the Will. (Chapter 191, Section 1).  There are no restrictions on amounts given to religious and charitable organizations.

MICHIGAN
A person of sound mind and who is at least 18 years of age can make a Will.  (Section 700.121). The Will must be in writing and signed by the testator, or another person can sign the testator's name in the testator's presence and at his or her direction. A Will must be witnessed by 2 witnesses and signed in the presence of the testator. It is common custom to show the residences of the witnesses. (Section 700.122). A bequest to a witness will not be valid unless there was also 2 other uninterested witnesses. If the interested witness is also an heir, then he or she would be allowed to take as much as would have been entitled to them if the testator had died without a Will, up to the amount of the bequest. (Section 700.122).

MINNESOTA
A person of sound mind and who is at least 18 years of age may make a Will.  (Section 524.2-501) The Will must be in writing and be signed by the testator, or another person can sign the testator's name in the testator's presence and at his or her direction. The Will must also be signed by at least 2 witnesses who witness the testator sign the Will, or to whom the testator acknowledged his or her signature. (Section 524.2-502) A bequest made to a witness will be considered valid. (Section 524.2-505)

The Will may refer to a separate written list used to dispose of specific items of tangible personal property, such as furniture and jewelry. This list may be changed from time to time without the need to execute a new Will. (Section 524.2-513)

MISSISSIPPI
A person of sound mind and who is at least 18 years of age may execute a Will.  (Section 91-5-1) A Will must be signed by the testator, or another person can sign the testator's name in the testator's presence and at his direction. The Will must also be attested to by at least 2 credible witnesses in the presence of the testator. (Section 91-5-1) There are no limitations on bequests to charitable and educational institutions. A bequest to a witness is void if the Will cannot be proven without this witness's testimony. However, if this witness would have been entitled to a share in the estate had the decedent died without a Will, he or she is entitled to receive an amount up to the amount of that share, but not more than the amount of the bequest in the Will.  (Section 91-5-9)

MISSOURI
A person of sound mind and at least 18 years of age can make a Will, and may also devise any part of his or her body to a qualifying university or hospital. (Section 474.310) A Will must be in writing and signed by the testator, or another person can sign the testator's name, at the testator's direction and in his or her presence. The Will must be attested to by at least 2 witnesses who sign the Will in the presence of the testator. (Section 474.320)

MONTANA
Any person who is of sound mind and at least 18 years of age may make a Will.  Every Will shall be in writing and signed by the testator, or another person can sign the testator's name in the testator's presence and at his or her direction. The Will must also be signed by at least 2 witnesses who witness the testator's signature, or to whom the testator acknowledges signature of the Will. A bequest to a witness is considered valid. (Section 72-2-525)

NEBRASKA
Any person who is of sound mind and at least 18 years of age may make a Will.  Every Will shall be in writing and be signed by the testator or another person can sign the testator's name in the testator's presence at his or her direction. The Will must also be signed by at least 2 witnesses who witness the testators signature, or to whom the testator acknowledges signature of the Will. (Uniform Probate Code Section 2-502) A bequest to witness is considered valid. (Section 2-501, 502, 505)

NEVADA
Any person of sound mind and over the age of 18 may make a Will. (Section 133.020-030) A Will must be in writing and be signed by the testator, or another person can sign the testator's name in the testator's presence and at his or her direction. The Will must also be attested to by 2 competent witnesses who sign their names in the presence of the testator. (Section 133.040) Bequests to witnesses are void unless there are also 2 other competent witnesses. (Section 133.060-070)

NEW HAMPSHIRE
A person of sound mind and of at least 18 years of age, or a person under 18 who is married, may make a Will. (Chapter 551 section 1) The Will must be in writing and be signed by the testator, or another person can sign the testator's name in the testator's presence and at his or her direction. The Will must also be attested to and signed by at least 2 credible witnesses in the presence of the testator. (Chapter 551 Section 2) Bequests made to a witness or to a spouse of a witness are considered void unless there are also 2 other independent witnesses. (Chapter 551 Section 3)

NEW JERSEY
A person of sound mind and who is at least 18 years of age may make a Will.  (Title 3B Chapter 3 Section 1) A Will must be in writing and signed by the testator.  Another person can sign the testator's name in the testator's presence and at his or her direction. A Will must also be signed by at least 2 witnesses who witnessed the testator signing the Will or to whom the testator acknowledges signature of the Will.  (Title 3B Chapter 3 Section 2) A bequest to a witness will be considered a valid bequest. (Title 3B Chapter 3 Section 8)

NEW MEXICO
Any person of sound mind and over the age of 18 may make a Will. (Section 45-2-501) A Will must be in writing and be signed by the testator, or signed by another person in the testator's presence and at his or her direction. The Will must also be attested to by 2 or more credible witnesses who witness the testator's signature and witness each other's signature in the testator's presence. (Section 45-2-502) A spouse may dispose of 1/2 of community property by Will, but is not able to dispose of joint tenancy property by Will. (Section 45-2-805) A bequest to a witness is considered a valid bequest. (Section 45-2-505)

NEW YORK
A person of sound mind and who is at least 18 years of age may make a Will.  (NY Law EPTL Section 3-1.1) The Will must be in writing and be signed by the testator, or another person can sign the testator's name in the testator's presence and at his or her direction. The other such person must also sign his or her own name and residence and shall not be counted as one of the required witnesses. The testator must sign his or her name in the presence of at least 2 witnesses, or acknowledge to the witnesses his or her signature. The testator must also declare to the witnesses that this instrument is his or her Will. The 2 attesting witnesses must also sign the Will and include their address. A bequest made to a witness is considered void unless there are at least 2 other witnesses. Where the witness would have been entitled to receive a share of the intestate estate, the witness may receive up to the amount of his or her intestate share, as long as it does not exceed the amount of the bequest made in the Will. (NY Law EPTL Section 3-3.2)

NORTH CAROLINA
A person of sound mind and at least 18 years of age may make a Will. (Section 31-1) The Will must be written and signed by the testator, or another person can sign the testator's name in the testator's presence and at his or her direction. The Will must also be attested to and signed by at least 2 competent witnesses in the presence of the testator. The testator must sign the Will in the witness's presence or acknowledge his or her signature to the witness. (Section 31-3.3) A bequest to a witness or the witness's spouse is considered void, unless at least 2 other disinterested witnesses also witness the Will. (Section 31-10.1)

NORTH DAKOTA
Any adult of sound mind may make a Will. (Section 30.1-08.01) A person of unsound mind may make a Will if their faculties are restored to capacity, even though there was no court determination of their capacity. (Section 14-01-03) The Will must be in writing and signed by the testator, or be signed in the testator's name by another person in the testator's presence and at his or her direction. The Will must also be signed by at least 2 witnesses who witnessed the testator sign, or to whom the testator acknowledges signature of the Will. (Uniform probate code section 2-502) There is no limitation on amounts that may be given to charitable organizations.

OHIO
A person of sound mind, at least 18 years of age, and not under any restraint, may make a Will. (Section 2107.02) The Will must be in writing, although it can be handwritten. The Will must be signed by the testator, or another person may sign the testator's name in the testator's presence and at his or her direction. The Will must also be attested to and signed by 2 competent witnesses in the presence of the testator. These witnesses must watch the testator sign the Will, or the testator must acknowledge the signature. (Section 2107.03, .04) The Will may refer to a document or memorandum which is in existence at the time the Will is executed. (Section 2107.05) A bequest to 1 of only 2 witnesses is considered void. However, if the witness would have been entitled to a share of the estate had the decedent died without a Will, he or she is entitled to the intestate share, up to the amount of the bequest. (Section 2107.15)

OKLAHOMA
A person of sound mind and who is at least 18 years of age may make a Will.  (Section 84-41) A Will is subject to any premarital agreement in writing. A spouse may not devise away from the spouse more than an undivided 1/2 interest in property acquired through a joint effort of the spouses during the marriage.

The Will must be in writing and the testator must sign the Will, or another person may sign the testator's name in the testator's presence and at his or her direction. The testator's signature must be made in the presence of the attesting witnesses or be acknowledged to them by the testator. The testator must declare to the witnesses that this instrument is his or her Will. There must be at least 2 attesting witnesses who sign in the testator's presence and at his or her request. A witness must include his place of residence on the Will. A person who signs the testator's name at his or her direction must include his or her own name as a witness to the Will. (Section 84-55, 56)

OREGON
A person of sound mind and who is at least 18 years of age (or who has been married) may make a Will. (Section 112.225) The Will must be in writing and the testator must sign the Will in the presence of at least 2 witnesses, or the testator can direct another person to sign his or her name on the Will. If the testator does not sign in the presence of the witnesses, he or she must acknowledge the signature to the witnesses. If another person signs the testator's name, he or she must sign their own name on the Will and write a statement indicating that they signed the testator's name at the direction of the testator. The Will must be attested to and signed by at least 2 witnesses. Bequests made to witnesses will be considered valid bequests. (Section 112.245)

PENNSYLVANIA
A person of sound mind and at least 18 years of age may make a Will. (Section 20-2501) The Will must be in writing and be signed by the testator, or another person can sign the testator's name in the testator's presence and at his or her direction. The testator may also sign, by a mark, in the presence of at least 2 witnesses. If the testator is unable to sign his or her name and has someone else sign for him, the testator must declare the instrument to be his Will, in the presence of 2 witnesses. Two witnesses must also sign the Will in the testator's presence. (Section 20-2502) There is no limitation on amounts that may be given to charitable organizations. There are no restrictions on bequests to witnesses.

RHODE ISLAND
A person of sound mind and at least 18 years of age may make a Will. (Section 33-5-2,3) A person who is imprisoned in a correctional institution may make a Will only with permission of the superior court. (Section 13-6-3) The Will must be in writing and be signed by the testator, or another person can sign the testator's name in the testator's presence and at his or her direction. The testator must sign in the presence of the witnesses and acknowledge signature of the Will to the witnesses. The 2 witnesses must attest and sign the Will in the presence of the testator and in each other's presence. (Section 33-5-5) Bequests made to witnesses are void, whether made to the witness or made to a person who may claim the bequest through the witness. (Section 33-6-1,2,3)

SOUTH CAROLINA
Any person of sound mind and who is at least 18 years of age may make a Will.  (Section 62-2-501) The Will must be in writing and signed by the testator, or another person can sign the testator's name in the testator's presence and at his or her direction. The Will must be signed by at least 2 witnesses who witness the testator sign, or to whom the testator acknowledges signature of the Will. (Section 62-2-502)

SOUTH DAKOTA
A person of sound mind and over the age of 18 may make a Will. (Section 29A-2-501) The Will must be in writing and signed at the end by the testator, or another person can sign the testator's name in the testator's presence and at his or her direction. A Will may refer to a separate writing to devise tangible personal property if the writing is signed by the testator and describes the items and devises with reasonable certainty. (Section 29A-2-513) The testator must sign the Will in the presence of at least 2 witnesses, or acknowledge signature of the Will to them. The 2 witnesses must sign their names in the testator's presence and at his or her request.  (Section 29A-2-502)

TENNESSEE
A person of sound mind and over the age of 18 (under the age of 18, if married) may execute a Will. (Section 32-1-102) The Will must be in writing and be signed by a testator, or another person can sign the testator's name in the testator's presence and at his or her direction. The testator must sign in the presence of the witnesses or acknowledge his signature to the witnesses. At least 2 or more attesting witnesses must sign the Will in the presence of the testator and in the presence of each other.  The testator must also declare to the witnesses that this document is his or her Will and ask that the witnesses attest it. (Section 32-1-104) If a bequest is made to a witness, that witness must forfeit so much of the bequest that would exceed the share he or she would have received if the testator had died without a Will. (Section 32-1-103)

TEXAS
A person who is of sound mind and who is at least 18 years of age, or has been lawfully married, or is a member of the U.S. Armed Forces, may make a Will. (Probate Code Section 57) Every Will must be in writing and be signed by the testator. Another person may sign the testator's name at the testator's direction and in his or her presence. The Will must be attested to by 2 or more credible witnesses over the age of 18. The witnesses must sign their names to the Will in the presence of the testator.  (Probate Code Section 59) A bequest to a witness is generally void, however, the witness is entitled to the bequest to the extent that he or she would have inherited a share had the testator died without a Will. In no event may the inheritance exceed the value of the bequest in the Will. (Probate Code Section 61) However, if the Will can be proven by the testimony of the witnesses and collaborated by 1 or more disinterested and credible persons, then the bequest to the witness will be considered valid. (Probate Code Section 62)

UTAH
Any person who is of sound mind and is at least 18 years of age may make a Will. (Section 75-2-501) The Will must be in writing and signed by the testator, or another person can sign the testator's name in the testator's presence and at his or her direction. The Will must also be signed by at least 2 witnesses who are at least 18 years of age. The witnesses must either witness the testator sign the Will or the testator must acknowledge his or her signature to the witnesses. The witnesses must sign the Will in the presence of each other and in the presence of the testator. (Section 75-2-502) A bequest made to a witness is void, except to the extent that the witness would have received a share had the testator died without a Will. In that case, the witness may receive the lesser of the amount provided in the Will, or what he or she would have received in an intestate estate. (Section 75-2-505)

VERMONT
A person of sound mind and who has reached the age of majority may make a Will. (Section 14-1) The Will must be in writing and be signed by the testator, or another person can sign the testator's name in the testator's presence and at his or her direction. The Will must be attested to and signed by at least 3 witnesses. The witnesses must sign in the presence of the testator and in the presence of each other.  (Section 14-5) A bequest to a witness who is not an heir by relation is considered void unless there are also 3 other competent witnesses to the Will. (Section 14-10)

VIRGINIA
A person who has reached the age of majority and who is of sound mind may make a Will. (Section 64.1-46, 47) The Will must be in writing and be signed by the testator or signed by another person at the testator's direction and at his or her direction. The testator must sign in the presence of the witnesses or acknowledge his or her signature to the witnesses. At least 2 competent witnesses must also sign the Will. (Section 64.1-49)

WASHINGTON
A person of sound mind and at least 18 years of age may make a Will. (Section 11.12.010) The Will must be in writing and be signed by the testator, or another person can sign the person’s name at the testator’s direction and in his or her presence. If another person signs the testator’s name, that person must sign his own name to the Will and state that he signed the testator’s name at the testator’s request, unless the testator approves the signature by making his mark on the Will. The Will must also be attested to and signed by at least 2 competent witnesses. (Section 11.12.030). A spouse may devise, by will, 1/2 of the community and quasi-community property.  (Section 11.02.070) However, a husband and wife may enter into a written agreement, which alters the state law regarding disposition of community property, which would allow one or both of them to devise a greater share of the community property. (Section 26.16.120) A bequest to a witness will generally not be valid, however there is a rebuttable presumption of fraud or undue influence which may be overcome. If there are also 2 other witnesses to the Will, then the gift to the witness will be valid. In any case, the interested witness is entitled to take an amount up to the share that he or she would have been entitled to if the testator had died without a Will, but only up to the amount of the bequest. (Section 11.12.160)

WEST VIRGINIA
Any person of sound mind and at least 18 years of age may make a Will. (Ch. 41, Art. 1, Section 1, 2). No particular form is required, but the Will must be in writing and be signed by the testator. Another person may sign the testator’s name in the testator’s presence and at his or her direction. (Ch. 41, Art. 1, Section 3). Two witnesses must also sign the Will in the presence of the testator and each other. The testator must sign in the presence of the witnesses, or acknowledge his or her signature to the testator. (Ch. 41, Art. 1, Section 3). A bequest to a witness is generally considered void, unless the Will can be proven independently by other attesting witnesses. However, the interested witness is entitled to receive a share up to the amount he or she would have received had the decedent died without the Will, not exceeding the amount of the bequest. (Ch. 41, Art. 2, Section 1)

WISCONSIN
A person of sound mind and at least 18 years of age may make a Will. (Section 853.01) The Will must be in writing and be signed by the testator, or another person can sign the testator’s name in the testator’s presence and at his or her direction. The Will must also be signed by 2 or more witnesses, in the presence of the testator and of each other. (Section 853.03) Any married person may, by will, give away his or her separate property and 1/2 interest in marital property. However, the spouses may enter into a marital property agreement that provides otherwise. (Section 766.58)

WYOMING
Any person of sound mind and who has reached the age of majority may make a Will. (Section 2-6-101) The Will must be in writing and must be signed by the testator, or another person can sign the testator’s name in the testator’s presence and at his or her direction. The Will must also be witnessed and signed by 2 competent witnesses. (Section 2-6-112) A bequest to a witness is considered void unless there are two other disinterested witnesses to the Will. However, the interested witness may receive a portion of the estate up to the amount that he or she would have been entitled to if the decedent had died without a Will, but in no event more than the bequest under the Will. (Section 2-6-112)

This is not a substitute for legal advice.  An attorney must be consulted.
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