Testamentary Capacity
The mental ability the law requires in order to make a valid will.
What Testamentary Capacity means in an estate
The classic test asks whether, at the moment of signing, the person understood that they were making a will, knew in general terms what they owned, knew who their natural heirs were, and understood how the will disposed of their property. The bar is deliberately low: someone can have a dementia diagnosis, or even be under a guardianship, and still have capacity during a lucid interval. Lack of capacity is one of the most common grounds raised in a will contest.
How this works in your state
The concept is national, but the forms, procedure names, thresholds, and filing practice vary by state. Open your state glossary and guides to see how testamentary capacity is handled where the estate is being settled.
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Information current as of April 4, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in your state can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.