Does A Last Will And Testament Have To Be Notarized?
A last will and testament is a legal document explaining how an individual wants their property and assets divided after death. Louisiana is the only state currently that requires a will to be notarized. You do not have to notarize your will for it to be valid in any other state. Of course, it never hurts to get a will notarized, but it is not a requirement.
Does A Will Have To Be Notarized?
A will in any state besides Louisiana does not need to be executed in order to make it a valid legal document. While will execution ultimately varies by location, the majority of states need you to sign a will in front of two witnesses. These witnesses will then also sign. Once these requirements are fulfilled, the will becomes a valid legal document.
However, there may be cases where you still want to get your will notarized. If you want, there is the option to use a notary to make a will self-proving with a self-proving affidavit, which we will detail below.
What Is A Self-Providing Affidavit?
A self-proving affidavit is a notarized document that accompanies a will. This document will be signed by your two witnesses with a notary present. The notary’s duty is to confirm both the identity and competency of the individuals who are signing the affidavit.
When an individual passes away and their will is brought to the probate court, the court will then call the witnesses to confirm this document is authentic. By proving the will with the affidavit, you will be able to speed up probate court proceedings because the court no longer has to contact your witnesses.
These affidavits are currently allowed in each and every state, with the exceptions of Ohio and Washington, D.C. While there are undoubtedly many reasons to get a self-proving affidavit, your will is still valid without one.
Can You Write Your Own Will And Have It Notarized?
Yes, it is possible to write your own will and get it notarized (except if you currently live in Louisiana). However, if you wish to write your own will, you must follow these steps to ensure it is legally valid:
- Clearly state this is your last will and testament in the document.
- Use your full legal name, making it clear that this document belongs to you.
- State that you are of sound mind and not under any pressure from another individual to write the will.
- Follow the laws in your specific state and sign the will in front of your witnesses.
Where To Get Your Will Notarized
You must find a notary public to notarize your will if you wish to make the will self-proving. These places typically have notaries present:
- Libraries.
- Banks.
- Law and accounting firms.
Conclusion
If you live anywhere besides Louisiana in the U.S., you do not need a notary to sign your last will and testament. However, it’s never a bad idea to get the document notarized. You can call any of your local places mentioned above to see if a notary is currently on duty. Some notaries may be willing to travel to you, depending on your specific preferences.
Source:
- Does A Will Have To Be Notarized? Retrieved on June 17, 2025 from https://www.freewill.com/learn/does-a-will-have-to-be-notarized
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