While the notary may also serve as a witness to a will, you will be signing the witness statement as a disinterested party, not as a notary. While you don’t necessarily need to notarize a will, you should write it properly. All information should be drafted and brought to you to notarize. It is important to remember that as a notary, you are to never offer advice on how to execute a will or provide any legal advice unless you are an attorney licensed to practice law.Īt least two witnesses are required to make a will valid. These witnesses should be people that you have known for some time. Never answer any questions related to legal advice. Wills usually have two witness signatures instead. You should decline to notarize a will, if the testator asks you questions about what can and cannot be in a will. An improperly drafted will that has been notarized could be challenged in court and be declared null and void. However, clients may use a notarized self-proving affidavit that will make their will easier to get through probate, which is the official proving of a will after death.Īs a notary, you must be cautious when asked to notarize a will. Not all states require that a will be notarized.
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