The Legal Requirements for Notarizing Wills

Wills are some of the most important legal documents a person can create. They outline how assets should be distributed, name guardians for minor children, and express final wishes. Because of their significance, many people assume a will must be notarized to be valid. However, the truth is more nuanced—and often misunderstood.

Is a Will Required to Be Notarized?

In most states, a will does not need to be notarized to be legally valid. Instead, it must be signed by the testator (the person making the will) and witnessed by two individuals who are not beneficiaries. These witnesses affirm that the testator signed the will voluntarily and appeared of sound mind.

What Is a “Self-Proving Affidavit”?

Although notarization is not required for the will itself, many people add a self-proving affidavit to streamline the probate process. This is a notarized document signed by the testator and the witnesses. It confirms that the will was properly executed and can help the court accept the will without needing to contact the witnesses later.

Why Include Notarization at All?

Including a notarized self-proving affidavit can:

• Speed up the probate process

• Reduce the burden on loved ones

• Minimize the chance of the will being contested

• Increase credibility and formality of the document

  
  

State-Specific Laws Matter

Each state has its own laws governing wills and notarization. Some states may allow notarization of handwritten (holographic) wills, while others require specific formatting. Always consult an estate planning attorney or local notary familiar with your state’s laws.

In summary, while notarization isn't required for a will to be valid in most states, it can offer peace of mind and simplify things for your family when it matters most.