UPC § 2-502 Execution; Witnessed or Notarized Wills; Holographic Wills

Uniform Probate Code § 2‑502 sets out the baseline execution rules for wills under the UPC. It defines how a will must be executed, recognizes notarized wills as an alternative to witnesses, preserves holographic wills, and expressly authorizes the use of extrinsic evidence to establish testamentary intent. This section is the structural backbone of UPC wills law. Every other execution doctrine operates in relation to it.

Text of UPC § 2-502

SECTION 2-502. EXECUTION; WITNESSED OR NOTARIZED WILLS; HOLOGRAPHIC WILLS.

(a) [Witnessed or Notarized Wills.] Except as otherwise provided in subsection (b) and in Sections 2-503, 2-506, and 2-513, a will must be:

(1) in writing;

(2) signed by the testator or in the testator’s name by some other individual in the testator’s conscious presence and by the testator’s direction; and

(3) either:

(A) signed by at least two individuals, each of whom signed within a reasonable time after the individual witnessed either the signing of the will as described in paragraph (2) or the testator’s acknowledgment of that signature or acknowledgement of the will; or

(B) acknowledged by the testator before a notary public or other individual authorized by law to take acknowledgements.

(b) [Holographic Wills.] A will that does not comply with subsection (a) is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator’s handwriting.

(c) [Extrinsic Evidence.] Intent that a document constitute the testator’s will can be established by extrinsic evidence, including, for holographic wills, portions of the document that are not in the testator’s handwriting.

Notes

UPC § 2‑502 modernizes will execution by:

• Recognizing notarized wills as equal to witnessed wills
• Preserving holographic wills without ceremony
• Authorizing extrinsic evidence of intent

It reflects a central UPC theme: formalities matter, but intent governs.