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.
A probate guide written for people who aren’t lawyers
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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.
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