My neighbor made an appointment for me to notarize her will and trust. I said sure but in California I don’t believe you need a notary, just 2 witnesses (for a Will.) I suggested she check with counsel. She texted back that her lawyer said to have it notarized. This neighbor is a realtor. Since I can’t give legal advice , I said okay and scheduled the appointment. I believe the Will wouldn’t clear probate without 2 witnesses but it is not my place to push it. What would you do?
Here in Tennessee you don’t have to have them notarized, but it is highly recommended by attorney’s. Here, with notarization the two witness are not required. From reading your statement, she did not use two witnesses at all?
A quick search reveals the California code for Will’s and shows that witnesses are required in California with or without notarization.
California Code, Probate Code - PROB § 6110
(a) Except as provided in this part, a will shall be in writing and satisfy the requirements of this section.
(b) The will shall be signed by one of the following:
(1) By the testator.
(2) In the testator’s name by some other person in the testator’s presence and by the testator’s direction.
(3) By a conservator pursuant to a court order to make a will under Section 2580.
(c)(1) Except as provided in paragraph (2), the will shall be witnessed by being signed, during the testator’s lifetime, by at least two persons each of whom (A) being present at the same time, witnessed either the signing of the will or the testator’s acknowledgment of the signature or of the will and (B) understand that the instrument they sign is the testator’s will.
(2) If a will was not executed in compliance with paragraph (1), the will shall be treated as if it was executed in compliance with that paragraph if the proponent of the will establishes by clear and convincing evidence that, at the time the testator signed the will, the testator intended the will to constitute the testator’s will.
i just notarized a Will here in NV and 2 witnesses were needed, plus the notary.
Personally I’d stay in my own lane.
I agree. It’s hard to look the other way. Thanks.
I would make copious notes for myself on this assignment. If, in fact, a will in invalid in CA without two witnesses, you want to be able to look back and see what happened. Make a note of the name, address and phone number of the attorney too - this gaffe is on the attorney, not you.
I would cite California law for her and have her take it up with the lawyer.