If a will was not notarized, is it invalid? 40 Answers as of April 01, 2013

Must all Last Will and Testaments be signed by a Notary Public? If one is not, does that make it invalid?

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Durham Jones & Pinegar | Erven Nelson
In Nevada, it must be witnessed and notarized unless it is handwritten.
Answer Applies to: Nevada
Replied: 4/1/2013
Hamblin Law Office | Sally Hamblin
It depends on what state you live in. In Michigan, a will is not notarized but must have two witnesses. If a will does not meet statutory guidelines, it can be held to be invalid.
Answer Applies to: Michigan
Replied: 2/21/2013
Law Ofices of Edwin K. Niles | Edwin K. Niles
Notarization is NOT required, nor desired. A formal will requires two witnesses.
Answer Applies to: California
Replied: 2/21/2013
Law Offices of Frances Headley | Frances Headley
Wills are valid so long as there are two competant witnesses to the will unless the will is holographic. If it is holographic, entirely in the handwriting of the person, then it is valid. A notary acknowledgment is not necessary.
Answer Applies to: California
Replied: 2/21/2013
Richard J. Keyes Attorney at Law | Richard J. Keyes
In Missouri, if the will is witnessed by two individuals and the two are still alive, you can still get the will admitted to probate based on the testimony of the two witnesses. Having the will witnessed by the two witnesses and then notarized just makes getting the will admitted to probate easier. If you see an attorney about getting the will admitted to probate, make sure you have the names and addresses of the two witnesses.
Answer Applies to: Missouri
Replied: 2/20/2013
    Law Office of Edward M. Burgh, APC | Edward M. Burgh
    Only if it is signed by two qualified witness.
    Answer Applies to: California
    Replied: 2/20/2013
    The Wideman Law Center, P.C. | Susan Wideman Schaible
    In Michigan a will should have two witnesses in order to be valid. A Self proving will should also be notarized.
    Answer Applies to: Michigan
    Replied: 2/20/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Wills do not have to be notarized; only witnessed by two uninterested witnesses. Therefore, the will is valid if will complies with statutory rules of construction.
    Answer Applies to: California
    Replied: 2/20/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    No. If the witnesses signatures are not notarized, an affidavit may be used to authenticate their signatures. You should speak with an attorney about the requirements to comply with Nevada law.
    Answer Applies to: Nevada
    Replied: 2/19/2013
    Bullivant Houser Bailey PC
    Bullivant Houser Bailey PC | Darin Christensen
    Not being notarized does not invalidate it, it just means you need to take a couple other steps to get witness affidavits or other substantiation.
    Answer Applies to: Oregon
    Replied: 2/19/2013
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    No, it does not have to be notarized. It does have to be witnessed and the witnesses must have witnessed the signature of the testator in a specific manner.
    Answer Applies to: Oregon
    Replied: 2/19/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    In Oregon, a will is not notarized. Two witnesses are required to the signing of the will, and there are certain formalities to the witnessing. Normally, the witnesses then sign an affidavit regarding the witnessing of the will, and it is this affidavit that is notarized. The affidavit is their testimony that they witnessed and, when submitted to the court with the Will, makes the Will self-proving. If you dont have the affidavit, at least one witness has to be found to give testimony as to the signing of the Will.
    Answer Applies to: Oregon
    Replied: 2/19/2013
    Stone|Novasky, LLC
    Stone|Novasky, LLC | Robert Novasky
    In Washington, a Last Will and Testament must be signed by two independent witnesses and notarized to be recognized by the court. If a Will is not notarized, the estate is treated as if no Will was drafted and probate of the estate is governed by the Washington statutes regarding intestate (without a Will) estates.
    Answer Applies to: Washington
    Replied: 2/19/2013
    Attorney At Law | James G. Maguire
    A hand-written will does not have to be notarized. Any other type of will must be witnessed and notarized.
    Answer Applies to: Louisiana
    Replied: 2/19/2013
    Law Offices of Robert H. Glorch | Jeffrey R. Gottlieb
    In Illinois, notary not required. Two witnesses are required.
    Answer Applies to: Illinois
    Replied: 2/19/2013
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    In California a will does not need to be notarized. However, it must be witnesses by two disinterested individuals, who are not to take anything from the will. The witnessing of the will takes place at the time the testator signs the will.
    Answer Applies to: California
    Replied: 2/19/2013
    SmartWills
    SmartWills | Scott Pesetsky
    in California, all wills must be signed by two witnesses, unless it is a holographic will. Notarization does not help and is never required.
    Answer Applies to: California
    Replied: 2/19/2013
    Danville Law Group | Scott Jordan
    No, a will does not need to be notarized. It does, however, need to be witnessed by two independent individuals.
    Answer Applies to: California
    Replied: 2/19/2013
    Jeffrey W. Wilkinson, P.C.
    Jeffrey W. Wilkinson, P.C. | Jeffrey W Wilkinson
    Not having a will notarized does not invalidate it. If the Will is typed then it must have two witness. The two witness are required for the will to be admitted to probate.
    Answer Applies to: Utah
    Replied: 2/19/2013
    Gates' Law, PLLC | Thomas E. Gates
    The will is signed by the declarer and an Attestation signed by two witnesses. There is an affidavit that goes with the will that is signed by the witnesses and notary. This affidavit acknowledges that the declarer was over 18 years old, of sound mind, not under duress, and did so under his free will. Since the affidavit is missing, the Executor will need to locate the witnesses and have them signed the missing affidavit.
    Answer Applies to: Washington
    Replied: 2/19/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    Florida statutes does not require a will to be notarized, so no the will is not invalid if it is not notarized.
    Answer Applies to: Florida
    Replied: 2/19/2013
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    In Nevada two witnesses can sign the will and that will not invalidate the will. However, the other conditions necessary must be met.
    Answer Applies to: Nevada
    Replied: 2/19/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Yes, in most states a will must be notarized to prove that the decedent intended it to serve as the official document for the distribution of the assets. A few states still allow a holographic will which is a handwritten document. You will need to check the statutes of you state.
    Answer Applies to: Nebraska
    Replied: 2/19/2013
    James Law Group
    James Law Group | Christine James
    Wills in California do not get notarized. There are specific execution requirements which include 2 witnesses. There are exceptions if the will is handwritten but under no scenario is a notary required.
    Answer Applies to: California
    Replied: 2/19/2013
    Dennis E. Valentine Law Firm
    Dennis E. Valentine Law Firm | Dennis Valentine
    Under Colorado law a will not signed by a notary public could be valid. It would be more difficult to prove it is a valid will. Validity would depend upon whether it was signed by the maker of the will. Using witnesses and a notary public make it easier to prove.
    Answer Applies to: Colorado
    Replied: 2/19/2013
    Frederick & Frederick PLC | James P Frederick
    No. Wills are not required to be notarized in Michigan. There is some nominal value in doing so, but it is not necessary.
    Answer Applies to: Michigan
    Replied: 2/19/2013
    Law Offices of Gerald A. Bagazinski
    Law Offices of Gerald A. Bagazinski | Gerald A. Bagazinski
    A will does not have to be notarized to be valid. If it is notarized, it only means it is self proved as to the validity of the testator's signature. Generally, a will must be witnessed by 2 individuals.
    Answer Applies to: Michigan
    Replied: 2/19/2013
    Scott Polsky
    Scott Polsky | Scott Polsky
    No. Failure of notarization does not make a Will invalid, but it does cause some unnecessary steps. I strongly recommend that you speak with an attorney.
    Answer Applies to: Pennsylvania
    Replied: 2/19/2013
    Heltenberg Law
    Heltenberg Law | Jodi R. Heltenberg
    In Colorado, there is no requirement that a Last Will be notarized, so long as it is signed by two (2) witnesses. If the Will was neither notarized nor signed by 2 witnesses, it may still be valid as a holographic will if the material portions of the will and the signature are in the testator's own handwriting.
    Answer Applies to: Colorado
    Replied: 2/19/2013
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    A will does not need to be notarized. Notarization adds nothing. A typed will must be signed by two witnesses. An holographic (handwritten) will must be completely in the testators own handwriting, must be signed and dated and must clearly indicate that it is a will.
    Answer Applies to: California
    Replied: 2/19/2013
    Law Offices of Charles R. Perry
    Law Offices of Charles R. Perry | Charles R. Perry
    California law does not require that a will be notarized. The law in other states, however, may be different.
    Answer Applies to: California
    Replied: 2/19/2013
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    As long a it has two witnesses it is OK. However, you must find one of the witnesses to file an affidavit. A copy can be found in the probate court documents.
    Answer Applies to: Georgia
    Replied: 2/19/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    In Idaho, a will must be witnessed by two uninterested people. If you want to make it a self-proved will, the signatures of the testator and the witnesses can be notarized, but it is not necessary.
    Answer Applies to: Idaho
    Replied: 2/19/2013
    Neil J. Lehto, Esq.
    Neil J. Lehto, Esq. | Neil J. Lehto
    No, Michigan law generally requires that the signing be witnessed by two persons. A will that is handwritten by the decedent, dated and signed is also valid.
    Answer Applies to: Michigan
    Replied: 2/19/2013
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    It is possible to create a valid Will in Colorado without notarization. A holographic Will is one entirely in the Testators own handwriting, not typed. However, there are execution formalities for a typed Will and those should be followed. Additionally, there are self-proving clauses that are added to typed Wills that facilitate their admission to probate after the Will-makers death. For further information, consider consulting with an attorney who specializes in Wills and estate planning.
    Answer Applies to: Colorado
    Replied: 2/19/2013
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    In Arizona, there are generally three ways to validly execute a will: two witnesses plus one notary, three witnesses (no notary), or ENTIRELY handwritten/signed/dated (no witnesses or notary). If you are not sure whether a will is valid, I recommend you consult with an attorney for additional details.
    Answer Applies to: Arizona
    Replied: 2/19/2013
    Stotz & Quayhackx, P.C. | Thomas A. Stotz
    A will must be witnessed. It need not be notarized.
    Answer Applies to: Michigan
    Replied: 2/19/2013
    Law Offices of Terrell Monks
    Law Offices of Terrell Monks | Terrell Monks
    In Oklahoma it is usually not necessary that a Will be notarized, but in certain instances a notarized affidavit that is part of the Will may allow the court to admit the will to probate without further testimony.
    Answer Applies to: Oklahoma
    Replied: 2/19/2013
    Hancock Law Firm, PLLC | Pamela L Hancock
    There is no requirement under Mississippi Law for a will to be notarized. It should have been witnessed. An estate attorney can assist you further in determining the validity of a purported will.
    Answer Applies to: Mississippi
    Replied: 2/19/2013
    Winnick Ruben Hoffnung Peabody & Mendel, LLC | Daniel N. Hoffnung
    In Connecticut it must have two witnesses and their signatures must be sworn to Without the formalities, it may not be valid.
    Answer Applies to: Connecticut
    Replied: 2/19/2013
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