An attested will is a witnessed will, and it is the most common type of will in the United States. It is signed by the testator and must have at least 2 witnesses.
What you need to know
An attested will is the most common type of will in the United States.
It must be in writing and signed by the creator of the will + witnesses.
The number of witnesses needed varies state by state.
The witnesses generally should not have in interest in the will (e.g. an heir or beneficiary).
The attesting witnesses must sign the will in the presence of the creator, but the witnesses do not need to sign in the presence of each other.
When most people think about wills, or last will and testament, an attested will is what they have in mind.
This type of will provides a straightforward process for distributing assets when a person dies. For an attested will to be valid, it must be in writing and signed by the testator (creator) of the will. There also has to be at least 2 competent witnesses present (depending on the state), who then "attest" the will by signing the document.
The attesting witnesses must sign the will in the presence of the creator, but the witnesses do not need to sign in the presence of each other.
What to say when a loved one dies
Losing someone you love is one of the most difficult and emotionally raw experiences life has to offer— which is why it's often difficult to find the right words to share with a loved one. Please use this comprehensive list as a trusted guide for sharing your deepest sympathies.
Learn more
Jimmy, a 45 year old man, has just drafted his last will and testament. For this will to be valid, he asks his friends Luke and Mike to be his two witnesses. After Jimmy signs the will, his witnesses have to also sign confirming this.
An example of what they must sign might say “On today’s date, Jimmy declared to us that this is his last will and testament, and he asked us to be present as the attesting witnesses.”
Once the witnesses sign the written document, it is considered a valid attested will.
In collaboration with
Jack Wilkes
Jack is currently attending Campbell University studying Trust and Wealth Management and will begin pursuing his MBA in the Fall. Jack grew up in Charlotte, North Carolina and is a member of the Campbell University Football Team.
In collaboration with
This could be you
Atticus values the expertise and professional experience of our partners and community of contributors. And we appreciate that's what makes the fiduciary industry so uniquely special.
After all, being a fiduciary isn't something that's just learned— it's a mindset that's demonstrated, tested and enduringly earned.
That's why Atticus is built around a community of passionate executors, attorneys, wealth advisors, probate clerks and other professional fiduciaries.
🤔 Who else are we missing? You!
Join our mission to support families through some of life's most difficult events as we foster financial literacy for fiduciary topics like probate, estate planning, estate administration & inheritance.
Everyone leaves a legacy... together, let's make the process easier.
