Find Articles by Topic:

Nolo Logo

Since 1971, Nolo's goal has been simple: Make America's legal system accessible to everyone. Our website, books, software, online legal forms and lawyer directory help millions of individuals, businesses and nonprofits solve their legal problems each year.

Small text sizeMedium text sizeLarge text size Print this page
 

Does my will have to be notarized?

Question:

If I made a will using will software, does it need to be notarized?

Answer:

To be valid, a will must be legally executed. This is not as bloody as it sounds: you must sign your will in front of two witnesses, who must sign the will in the presence of you and the other witness.

A notary might enter the picture if your state permits wills to be self-provingĀ -- which means that they can be admitted in probate court without the hassle of herding up witnesses to appear in court or sign affidavits verifying that the person who made the will seemed of sound mind when the document was signed.

In most states, this is accomplished when the person making the will and the witnesses all appear before a notary public and sign an affidavit under oath, verifying that all necessary formalities for execution have been satisfied. Perhaps this is where all the confusion about notaries and wills comes in -- although it's more likely that folks just assume that a document as powerful as a will should be notarized to somehow give it a more "legalesque" aura.

Nolo posts updates to the latest versions of books and software when major legal or practical changes occur. To see if your product has had a recent update, search for that book or software and visit its product page.

All Tax Deductions & Credits products >

Find A Lawyer

Enter zip or city, state ("Boston, MA")

Attorney Profiles

Attorneys: Get Listed

Advertisement

Advertise Here

Nolo Partner

This service is operated by JustAnswer.
Nolo provides no guarantee of the information provided.