Also known as: subscribing witness · attesting witnesses
Written by attorneys · grounded in primary & secondary sources — see below
Persons who affix their signatures to a will to attest to the testator's execution of the instrument under applicable formalities.
Stephen Shaw drafted a typed will leaving his estate to his niece. He signed the document at the kitchen table. Samuel Soto and Sophia Singh then signed their names on the designated lines while Stephen remained present. The signatures satisfied the requirement for two attesting witnesses on the written instrument.
Samantha Stone signed her will in the presence of two witnesses at her attorney's office. The witnesses signed immediately afterward. A notary then administered oaths and attached a certificate under seal reciting the acknowledgments. The procedure rendered the will self-proved without further testimony at probate.
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Solomon Silver died leaving a will witnessed by two neighbors. After appointment of the executor, a creditor filed a claim. The probate court admitted the will on the testimony of one subscribing witness who confirmed the execution ceremony. The admission triggered the notice period for creditors.
The Restatement requires only that the will be in writing and signed by the testator and the specified number of attesting witnesses under applicable procedures. No mental-state or disclosure requirement for the witnesses appears in the rule text itself.
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An individual generally competent to be a witness may act as a witness to a will. The signing by an interested witness does not invalidate the will or any provision of it under the applicable statute.
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Nearly all states require two attesting witnesses. A few states once required three, but that number has declined.
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If evidence concerning execution is necessary, the affidavit or testimony of one attesting witness is sufficient. When the will is not self-proved, the testimony of at least one attesting witness within the state is required if available.
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A minor is a valid witness unless the minor was not old enough to observe, remember, and relate the facts occurring at the execution ceremony.
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…If no person appears at the hearing to contest the will, the court may admit the will to probate on the testimony of one of the subscribing witnesses to the will. § 30. After the will is admitted to probate, the court must order appointment of an executor or executrix, issuing letters testamentary to the named executor or executrix if…