How to Notarize a Last Will and Testament
Legal document specifying how your assets should be distributed after death.
Overview
A Last Will and Testament is a critical estate planning document that outlines how you want your property and assets distributed after your passing. While not all states require a will to be notarized, notarization can make the probate process significantly smoother. Many states allow a 'self-proving' affidavit — a notarized statement attached to the will — that eliminates the need for witnesses to testify in court during probate.
When You Need This Notarized
- Estate planning at any age
- After major life events (marriage, divorce, birth of children)
- When acquiring significant assets or property
- When you want to name guardians for minor children
- Updating beneficiary designations
What to Bring
- The completed will document (unsigned)
- Valid government-issued photo ID for the testator
- Two witnesses (required in most states)
- Self-proving affidavit form (if applicable in your state)
Step-by-Step Process
Have your will drafted by an estate planning attorney
Schedule a notary appointment with witnesses available
The testator and witnesses must bring valid photo ID
Sign the will in the presence of witnesses and the notary
Witnesses sign the attestation clause
If applicable, all parties sign the self-proving affidavit before the notary
The notary administers oaths and completes the notarial certificates
Store the original will in a secure location
Important Notes
- Most states require 2 witnesses who are NOT beneficiaries of the will
- A self-proving affidavit can streamline probate significantly
- Florida requires both notarization and 2 witnesses for a valid will
- Some states accept holographic (handwritten) wills without notarization, but this is risky
- Regularly update your will to reflect life changes
Cost
Notary fees are $2-$15 per signature depending on state. Multiple signatures (testator + witnesses) may be needed.
View fee caps by stateFrequently Asked Questions
Does a will need to be notarized?
Requirements vary by state. While not all states require notarization of the will itself, most allow a self-proving affidavit (which is notarized) that speeds up probate. It's strongly recommended.
Can a mobile notary come to a hospital for will signing?
Yes. Mobile notaries frequently travel to hospitals, nursing homes, and assisted living facilities for will signings, especially in urgent situations.
How many witnesses do I need for a will?
Most states require two witnesses who are not beneficiaries of the will. The witnesses must be present when you sign.
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