Are Online Wills Legal? What Makes a Will Valid in the U.S.

Short answer

Yes. Where a will was drafted doesn't matter; how it's signed does. In most states you sign a printed will in front of two adult witnesses, who sign it too, and you can add a notarized self-proving affidavit so the court won't need to contact them later. About 26 states also accept handwritten wills, and a growing number allow electronic ones.

What makes a will valid?

The requirements are similar in most states:

You're an adult of sound mind, who understands what you own and who your family is.
The will is in writing.
You sign it.
Two witnesses sign it, after watching you sign or acknowledge it.

Some states that follow the Uniform Probate Code let you acknowledge your will before a notary instead of using two witnesses. North Dakota is one (N.D. Cent. Code §30.1-08-02), and Colorado reportedly has a similar rule. Check your own state's law before relying on it.

Who can be a witness?

Any competent adult, but choose people who receive nothing under your will. Under the Uniform Probate Code a will isn't invalid just because a beneficiary witnessed it (N.D. Cent. Code §30.1-08-05), but other states have different rules, and an interested witness invites challenges. Two neighbors, coworkers or bank staff are a safe choice.

What is a self-proving affidavit?

A short sworn statement that you and your witnesses sign in front of a notary, usually right after signing the will. It lets the probate court accept the will without tracking down your witnesses years later. It's available in most states. The exceptions are California, the District of Columbia, Maryland and Ohio; in California, the witnesses' statement in the will, signed under penalty of perjury, does the same job. See your state's rules.

What about Louisiana?

Louisiana has its own system. Its "notarial testament" must be in writing, dated, and signed in front of a notary and two witnesses, who all sign it. A 2025 law simplified the requirements, removing the old required declaration and attestation wording. It is self-proving if every page is signed and it includes an attestation clause or a later affidavit (La. Civil Code art. 1576). Use a Louisiana-specific form or attorney.

Are handwritten wills valid?

In about 26 states, a will written and signed in your own handwriting, called a holographic will, is valid without witnesses (Haneman, Notre Dame Journal of Law, Ethics & Public Policy). They're risky: they often leave out key details, and handwriting and intent can be disputed. A typed will signed in front of witnesses is safer everywhere.

Can you sign a will electronically?

Only in some states. By one practitioner's count in April 2026, about 15 states, including Arizona, Florida, Indiana, Nevada and Utah, have laws allowing electronic wills (Wills, Trusts & Estates Prof Blog). The rules differ, and an electronic will may not be recognized in another state. Until the law settles, printing and signing in ink is the safest choice.

Is it legal for a website to prepare your will?

Yes, when it acts as self-help software rather than a lawyer. Texas, for example, says forms and software aren't the practice of law if they "clearly and conspicuously" state that they are "not a substitute for the advice of an attorney" (Tex. Gov't Code §81.101). North Carolina requires online legal-document providers to register and to have a North Carolina attorney review their templates (N.C. Gen. Stat. §84-2.2).

What a website can't do is give you individual legal advice. That's why an attorney's review is worth it for complicated situations: a business, a blended family, a family member with special needs, or a large estate.

What are the most common mistakes?

Not signing it correctly. An unsigned or unwitnessed will may be worthless.
Using a beneficiary as a witness.
Writing changes on a signed will. Sign a codicil or a new will instead.
Forgetting beneficiary forms. Retirement accounts and life insurance follow their forms, not your will.
Not naming backups for your executor, guardian and beneficiaries.
Never updating it after a marriage, divorce, birth, death or move to another state.

Frequently asked questions

Is a will from an online service legally binding?

Yes, if you sign it the way your state requires. Courts look at how the will was signed and witnessed, not at who drafted it.

Does a will need to be notarized?

In most states, no. Witnesses make it valid. A notary is used for the optional self-proving affidavit, which makes probate easier.

Can family members be witnesses?

Legally, often yes, but it's better to use witnesses who inherit nothing, to avoid challenges.

Is a handwritten will valid?

In about 26 states, if it's entirely or mostly in your handwriting and signed. In other states it needs witnesses like any will.

Where should I keep my original will?

Somewhere safe that your executor can reach, such as a fireproof box at home or your attorney's office. Some probate courts accept wills for safekeeping. Tell your executor where it is.

Sources

North Dakota Century Code ch. 30.1-08 (Uniform Probate Code execution rules)
Cornell Legal Information Institute, "Self-proving will"
Louisiana Civil Code art. 1576
Haneman, law review article on holographic wills, Notre Dame Journal of Law, Ethics & Public Policy (2018)
Wills, Trusts & Estates Prof Blog, "States that have enacted electronic wills" (April 2026)
Texas Government Code §81.101
North Carolina General Statutes §84-2.2

This article is general information, not legal, tax or financial advice. Laws vary by state and change over time. Talk with a licensed professional about your situation. First published October 24, 2026.