is there another document that I should provide my client when I notarize a will? They will have 2 witnesses. Is there anything else I need to confirm?
In most states, no, a will does not strictly need to be notarized to be legally valid. However, getting a will notarized is highly recommended because of a document called a self-proving affidavit.
Here is a breakdown of how it works:
The Basic Requirements for a Will
To make a legally binding will in most jurisdictions, you generally only need:
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To be of sound mind and legal age.
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To sign the document yourself (the “testator”).
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To have two competent witnesses watch you sign it and then sign it themselves.
Why You Should Still Use a Notary
If your will is not notarized, when you pass away, the probate court will usually require your witnesses to be tracked down so they can testify under oath that they saw you sign the will. If your witnesses have moved away, passed away, or can’t be found, this can cause major delays and legal headaches for your family.
A self-proving affidavit solves this. It is an extra page attached to the end of the will. You and your witnesses sign this affidavit before a notary public, who then stamps it. This notarized document serves as sworn testimony from your witnesses, meaning the court will accept the will immediately without contacting them.
@shara_murray Agree with Joe … but one thing I want to add is, as a notary, YOU should not be providing any documents to any client other than an appropriate notary certificate. It’s not up to you to provide any Affidavits or any further docs (and, btw, normally if an attorney draws up the Will or the Will is done properly, they usually include the Self-Proving Affidavit below the Testator’s signature).
Just also be aware of your state laws regarding Will execution - in some states, having the will notarized can invalidate the will if it’s not required.
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