Skip to main content

⚠️ This guide was researched and updated in May 2026. Laws and regulations change frequently. For specific legal advice regarding your jurisdiction, please consult with local legal counsel.

United States Will & Estate Planning Guide flagUnited States Will & Estate Planning Guide

Read about will creation and estate planning in United States. This guide covers witness rules, probate processes and jurisdiction-specific considerations that may apply. Rules vary, so consult a qualified professional for advice on your circumstances.

Estate Planning in United States at a Glance

The United States has a complex system of will laws that vary by state. While federal law governs estate taxes, each state has its own requirements for creating a valid will.

Will Requirements in United States

Creating a will in United States typically involves national rules and any local variations. Witness requirements, signing procedures and other formalities can vary by jurisdiction, so consult a qualified professional for advice specific to your circumstances.

Witness Requirements: Two disinterested witnesses required in most states. Witnesses must be present during signing and sign in each other's presence.
Holographic Wills:Formal witnessing is generally required

Inheritance Tax in United States

Tax Rate: 18-40%
Tax Threshold: 15 million USD
Unlimited for US citizen spouses

Retirement Savings and Nominations

Retirement accounts such as IRAs and 401(k) plans generally pass under the beneficiary designation held by the plan or the custodian, not under the will, unless the account ends up payable to the estate. Workplace plans can give a surviving spouse rights that a designation cannot override on its own, and many beneficiaries who are not the account holder's spouse must empty an inherited account within ten years. Beneficiary forms are worth reviewing alongside the will after a marriage, a divorce or a birth.

State & Regional Specific Guides

Will requirements can vary between states, provinces and regions within United States. Select a location below for information on local requirements:

Alabama

Formal witnessing is generally required

Alaska

Formal witnessing is generally required

Arizona

Handwritten wills may be recognised

Arkansas

Handwritten wills may be recognised

California

Handwritten wills may be recognised

Colorado

Handwritten wills may be recognised

Connecticut

Formal witnessing is generally required

Delaware

Formal witnessing is generally required

District of Columbia

Formal witnessing is generally required

Florida

Formal witnessing is generally required

Georgia

Formal witnessing is generally required

Hawaii

Formal witnessing is generally required

Idaho

Handwritten wills may be recognised

Illinois

Formal witnessing is generally required

Indiana

Formal witnessing is generally required

Iowa

Formal witnessing is generally required

Kansas

Formal witnessing is generally required

Kentucky

Handwritten wills may be recognised

Louisiana

Handwritten wills may be recognised

Maine

Handwritten wills may be recognised

Maryland

Formal witnessing is generally required

Massachusetts

Formal witnessing is generally required

Michigan

Handwritten wills may be recognised

Minnesota

Formal witnessing is generally required

Mississippi

Handwritten wills may be recognised

Missouri

Formal witnessing is generally required

Montana

Handwritten wills may be recognised

Nebraska

Formal witnessing is generally required

Nevada

Handwritten wills may be recognised

New Hampshire

Formal witnessing is generally required

New Jersey

Handwritten wills may be recognised

New Mexico

Formal witnessing is generally required

New York

Formal witnessing is generally required

North Carolina

Handwritten wills may be recognised

North Dakota

Handwritten wills may be recognised

Ohio

Formal witnessing is generally required

Oklahoma

Handwritten wills may be recognised

Oregon

Formal witnessing is generally required

Pennsylvania

Handwritten wills may be recognised

Rhode Island

Formal witnessing is generally required

South Carolina

Formal witnessing is generally required

South Dakota

Handwritten wills may be recognised

Tennessee

Handwritten wills may be recognised

Texas

Handwritten wills may be recognised

Utah

Handwritten wills may be recognised

Vermont

Formal witnessing is generally required

Virginia

Handwritten wills may be recognised

Washington

Formal witnessing is generally required

West Virginia

Handwritten wills may be recognised

Wisconsin

Formal witnessing is generally required

Wyoming

Handwritten wills may be recognised

Related Resources

Create a will with United States guidance

Our platform helps you create a will with structured prompts that incorporate United States rules at each step. Consult a qualified professional for advice on your circumstances.

Discuss This in the Community

Have questions about this topic? Join the discussion in our community forum. Get answers from verified professionals and other members.

We use cookies to improve your experience. See our Cookie Policy (opens in a new tab) for details.