Does an executor of a Will have to be one of the witnesses to the signing of it?

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Does an executor of a Will have to be one of the witnesses to the signing of it?

Also, does the executor have to know of the Will before the maker’s death?

Asked on January 13, 2015 under Estate Planning, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Statutes vary from state-to-state but as a general rule, an executor may be a witness to the signing of the Will. However, any witness to a Will may not be named as a benenfciary in it. Aditionally, an executor does not have to be given notice of their appaointment, although it is advisable. The reason is that the maker of a Will should have the person who is entrusted with the distribution of their estate, ready willing and able to do so.


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