Written by attorneys · grounded in primary & secondary sources — see below
A person who vouches for the authenticity of another's signature by signing an instrument that the other has signed. The attestation confirms execution of the document under procedures supplied by applicable law.
Sources & Authorities
How it applies
Common Examples
2
Will Execution With Two Witnesses
Abigail Alvarez drafted her will on a single sheet of paper and signed it at the bottom. She then asked Antonio Alvarado and Angela Acosta to sign the same page below her signature while she remained present. The document was later offered for probate as her will.
Self-Proved Will With Attestation
Aaron Adams signed his typed will in the presence of two witnesses. The witnesses then signed an attached affidavit before a notary, acknowledging that they had observed Aaron sign the document and that he appeared to act voluntarily. The will and affidavit were filed together in the probate proceeding.
Put it into practice
Test Yourself
10
Practice Questions5
· 4 primary sources
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Restatements
Hornbooks
Study Supplements
Dictionaries
Common questions
Frequently Asked
5
Must attesting witnesses understand that they are signing a will?+
No. The governing standard requires only that the will be in writing and signed by the testator and the specified number of attesting witnesses under applicable procedures. Witness awareness of the document's testamentary character is not an element of the rule.
Supporting sources
Can a minor serve as an attesting witness?+
Yes, unless the jurisdiction sets a statutory minimum age or the minor lacks capacity to observe, remember, and relate the execution events. Most statutes impose no age floor, so a minor who meets the observational standard qualifies.
Supporting sources
Does an interested witness invalidate the will?+
No. Modern statutes provide that an interested witness's signature does not invalidate the will or any of its provisions. The common-law purging rule has been abandoned in favor of protecting the testator's intent.
Supporting sources
How many attesting witnesses are ordinarily required?+
Nearly all states require two. A few older statutes once demanded three, but that requirement has largely disappeared.
Supporting sources
When is the testimony of an attesting witness required to prove execution?+
If the will is not self-proved, the testimony of at least one attesting witness is ordinarily needed when the witness is available and competent. An attestation clause signed by the witnesses creates a rebuttable presumption that the recited events occurred.
Supporting sources
Trusts and Estates Decedents EstatesWills · Execution requirementsUBEFoundational