QUESTION
Can a will written in one state by a resident of that state be signed and notarized in another state?
Asked on Nov 26th, 2013 on Estate Planning - Michigan
13 ANSWERS
Edwin K. Niles
Yes, but WITNESSED by two witnesses, not notarized.
Answered on Dec 02nd, 2013 at 7:15 PM
For California and probably the rest of the states, the answer is that a Will can be signed out of state but two witnesses are required and a notarization is not sufficient to make up for the lack of witnesses.
Answered on Dec 02nd, 2013 at 9:03 AM
Yes, but you want to be sure it is effective and does what it is intended to do in the state of the residence of the testator.
Answered on Nov 27th, 2013 at 2:00 PM
Yes, as long as the home state's signing requirements are adhered to.
Answered on Nov 27th, 2013 at 1:59 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Yes; however in California, only two signing witnesses at the signing required; no notary required or recognized.
Answered on Nov 27th, 2013 at 1:59 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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This would depend on the law of the person's state of residence, or the law chosen in the document. If you can avoid doing this it would be better. In Oregon, the will is signed by the testator in the presence of two witnesses; the witnesses then sign the will while both are present. That's a valid will in Oregon. If the will says that Oregon law applies, and it is signed and witnessed properly, then it would be OK. The will is not notarized. After the will is signed and witnesses, the witnesses then make an Affidavit of Witnesses to Will, which is their testimony that they saw the testator sign. The Affidavit is notarized.
Answered on Nov 27th, 2013 at 1:59 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Yes. This is not a problem.
Answered on Nov 27th, 2013 at 1:59 PM
2 Awards
Yes but it is not recommended as it can be one fact used to challenge the will later.
Answered on Nov 27th, 2013 at 1:59 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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Yes, as long as the will is signed in front of the notary, and the notary is qualified in the state where the will is signed.
Answered on Nov 27th, 2013 at 1:58 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I know of no reason why not.
Answered on Nov 27th, 2013 at 1:58 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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In the United States we do not notarize wills.
Answered on Nov 27th, 2013 at 1:58 PM
3 Awards
Yes, but the execution rules should comply with both states' laws. Better to execute it at the attorney's office with independent witnesses and with a notary present.
Answered on Nov 27th, 2013 at 1:58 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I don't know why not. Although typically, when an attorney drafts a will, he has it signed and notarized right then. Also, what about witnesses. In Idaho, you need two witnesses and the signatures do not need to be notarized. Also, has the person moved to the new state? If so, the will made under the laws of the old state are technically no longer applicable.
Answered on Nov 27th, 2013 at 1:58 PM