Is there one national will law in the US?

No. Wills are governed by each state's law. Many states share similarities through the Uniform Probate Code, but requirements and probate procedures still vary by state.

How many witnesses does a US will need?

Most states require two witnesses who are not beneficiaries. Some states accept handwritten (holographic) wills without witnesses, but the rules differ by state.

Is my will valid if I move to another state?

Generally a will valid where it was made is recognized in other states, but it is wise to update it after moving so it conforms to your new state's rules and terms.

Making a Will in the United States: A State-by-State Overview

In the United States, wills are governed by state law rather than federal law, so requirements vary from state to state. Despite the differences, the core principles are consistent across the country. Here is an overview of how making a will works in the US. This is general information, not legal advice — consult a lawyer in your jurisdiction.

How is a US will governed?

Each state sets its own rules for wills, probate, and estate administration. Many states have adopted parts of the Uniform Probate Code, which creates broad similarities, but the details still differ.

A will validly made in one state is generally recognized in another, but moving states is a good reason to review your will so it matches local law and terminology.

What makes a US will valid?

Across virtually all states you must be at least 18 and of sound mind. The will must be in writing, signed by you, and — in most states — signed by two witnesses who are not beneficiaries.

Some states recognize holographic (handwritten) wills without witnesses, while others do not. A handful of states also permit electronic wills under specific conditions.

What is a Personal Representative?

In many US states, the person who administers an estate is called a Personal Representative rather than an executor. The terms function the same way: this is the person who settles the estate and carries out the will.

If someone is named in the will they are typically called the executor or personal representative; if appointed by the court without a will, they are the administrator.

How does probate work in the US?

Probate is a state court process and varies considerably. Some states have streamlined procedures for small estates, while others have more involved processes. Costs and timelines differ accordingly.

Because probate can be slow and public in some states, living trusts are a popular probate-avoidance tool in the US, more so than in much of Canada.

What state-specific issues should you watch for?

Community property states (such as California and Texas) treat marital property differently from common-law states, which affects what you can leave and to whom. Spousal rights also vary widely.

Estate and inheritance taxes differ too: most estates fall under the federal exemption, but several states impose their own estate or inheritance taxes. Check your state's rules.

Can you make a US will online?

Yes. A properly signed and witnessed online will is valid across US states, with a few states also allowing electronic execution. The document and signing steps should be tailored to your state.

iFinallyWill supports all 50 states (and every Canadian province), producing state-specific wills and powers of attorney in about 20 minutes, with lifetime updates and a 60-day guarantee. For larger or complex estates, consult a local attorney.

Frequently asked questions

Is there one national will law in the US?: No. Wills are governed by each state's law. Many states share similarities through the Uniform Probate Code, but requirements and probate procedures still vary by state.
What is a Personal Representative?: It is the term many US states use for the person who administers an estate — equivalent to an executor. They gather assets, pay debts and taxes, and distribute the estate.
How many witnesses does a US will need?: Most states require two witnesses who are not beneficiaries. Some states accept handwritten (holographic) wills without witnesses, but the rules differ by state.
Is my will valid if I move to another state?: Generally a will valid where it was made is recognized in other states, but it is wise to update it after moving so it conforms to your new state's rules and terms.