QUESTION
Does a will need to be notarized if it is altered by an executor?
Asked on Jul 31st, 2011 on Estate Planning - Florida
More details to this question:
My aunt is 100, competent and cognizant, is in the hospital. Her executor came to her hospital bed with a new version of her will, entitling him to equal distribution for her other heirs. He brought his daughter to witness signatures. I do not know if his daughter is a notary. My aunt is now not happy about this.
4 ANSWERS
In Indiana, a will is not valid unless two disinterested witnesses sign it in the presence of the testatatrix (your aunt) who signs it in their presence. A notary public is not required and by iteslef, insufficient.
Answered on Aug 02nd, 2011 at 8:33 AM
Glen Edward Ashman
Wills are not "altered by executors." That is irrelevant. It depends on whether she has mental capacity to do a will. If she is actually unhappy and has mental capacity, she can make a new will. Wills do NOT have to get notarized (although a notarized self-proving page is smart, as it simplifies probate). She should contact a lawyer to do a will properly. Forms are usually inadequate.
Answered on Aug 02nd, 2011 at 7:26 AM
1 Award
Wills in California are not notarized. Unless the will is in the persons handwriting, a will requires two witnesses who have no potential interest in the estate.
Answered on Aug 02nd, 2011 at 6:27 AM
Trusts and Estates Attorney serving Jacksonville, FL
Partner at
Law Office of David M. Goldman PLLC
3 Awards
Assuming everything else is ok with the document, it only needs your Aunt's signature and two witnesses. While a notary can help with proving the will, it is not necessary.
Answered on Aug 02nd, 2011 at 6:00 AM