How many witnesses does a US will need?

Two in each of the three states examined, but on different conditions. California Probate Code § 6110(c)(1) requires two witnesses present at the same time who understood the instrument to be the testator's will. Texas Estates Code § 251.051 requires two credible witnesses at least 14 years old who subscribe in the testator's presence. New York Estates, Powers and Trusts Law § 3-2.1(a)(4) requires two attesting witnesses who both attest within one thirty day period.

Is a handwritten will valid in the United States?

It depends on the state. Texas Estates Code § 251.052 provides that a will written wholly in the testator's handwriting does not need to be attested by subscribing witnesses. New York Estates, Powers and Trusts Law § 3-2.1(a) recognises holographic wills only as authorised by § 3-2.2, which is a narrow exception. California requires the § 6110 formalities unless the harmless error rule in § 6110(c)(2) applies.

Can a US will be signed electronically?

Not by relying on federal law. 15 U.S.C. § 7003(a)(1) removes from the E-SIGN Act any record governed by a state rule of law on the creation and execution of wills, codicils or testamentary trusts, so validity is entirely a question of state execution statutes. New York's provision recognising electronic wills is marked in the statute as effective 12 December 2027, and is not in force as at 3 September 2026.

Last Will and Testament in the US

Will execution is state law, and the three largest states diverge in ways that decide validity. California requires two witnesses present at the same time but rescues a defectively executed will where clear and convincing evidence shows testamentary intent. Texas requires two credible witnesses aged at least 14 who sign in the testator's presence, with no equivalent rescue rule, but recognises wholly handwritten wills without witnesses. New York requires both witnesses to attest within a single thirty day period.

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Governing law

State probate codes govern execution, attestation and revocation. The federal electronic signature statute expressly does not reach wills.

15 U.S.C. § 7003(a)(1)

What a last will and testament has to contain in the US

A California will must be in writing, signed by the testator or in the testator's name by another in their presence and at their direction, and witnessed by at least two persons who, present at the same time, witnessed the signing or acknowledgment and understood the instrument to be the will.
Cal. Prob. Code § 6110(a) to (c)(1)
A Texas will must be in writing, signed by the testator in person or by another in the testator's presence at their direction, and attested by two or more credible witnesses at least 14 years of age who subscribe their names in their own handwriting in the testator's presence.
Tex. Est. Code § 251.051
A New York will must be signed at the end by the testator, the signature made or acknowledged before each attesting witness, declared during the ceremony to be the testator's will, and attested by at least two witnesses who both attest within one thirty day period.
N.Y. Est. Powers & Trusts Law § 3-2.1(a)(1) to (4)
A California will not executed in compliance with the witnessing requirement is nonetheless treated as validly executed if the proponent establishes by clear and convincing evidence that at signing the testator intended it to constitute their will.
Cal. Prob. Code § 6110(c)(2)
A Texas will written wholly in the testator's handwriting is not required to be attested by subscribing witnesses.
Tex. Est. Code § 251.052

Form, notarisation and registration

A Texas will may be made self-proving by a statutory affidavit made by the testator and the attesting witnesses before an officer authorised to administer oaths, who affixes an official seal, with the affidavit attached to the will.
Tex. Est. Code § 251.104(a) to (c)

What catches drafters out

Electronic execution is not rescued by federal law: E-SIGN does not apply to a record to the extent it is governed by a state rule of law on the creation and execution of wills, codicils or testamentary trusts.
15 U.S.C. § 7003(a)(1)
New York's electronic wills regime is not yet in force: the version of the execution section recognising electronic wills is marked effective 12 December 2027, while the version in force refers only to nuncupative and holographic wills.
N.Y. Est. Powers & Trusts Law § 3-2.1(a)
In New York no effect is given to matter following the testator's signature other than the attestation clause, or to matter preceding the signature added after execution, so text below the signature line is at risk.
N.Y. Est. Powers & Trusts Law § 3-2.1(a)(1)(B)