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My great aunt recently passed. She has no children. My father took care of her and all her properties her entire life. They shared one mutual bank account. She had a will and it was implied he would continue to take care of her properties. The will was not witnessed by a notary. Is it valid?
11 ANSWERS
General Practice Attorney serving Indianapolis, IN
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Broad Law Firm, LLC
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Every state has different rules on how wills are to be properly authenticated. For instance, in Indiana, a will does not need to be notarized at all, but must be witnessed by two disinterested persons in the presence of each other at the time that the will is signed. However, your state may have different rules. You should consult with an estate planning attorney in the state in which the will was executed to be certain.
Answered on Feb 17th, 2012 at 12:17 PM
It depends on the law of the state in which the Will was executed, but generally, the validity of the Will does not require the witnessing of a notary public.
Answered on Nov 18th, 2011 at 4:33 PM
Donald B. Lawrence
A will does not have to be notarized to be valid. If it can be proven that the document was intended by the decedent as a will and the decedent's signature can be validated, a court could admit the will to probate after notice was given to all parties listed in the statute as being entitled to notice. It is unclear from the information provided as to how the Court would rule on the issue of him being granted authority by the court to administer the estate.
Answered on Nov 16th, 2011 at 7:49 PM
Glen Edward Ashman
Most states do not require a notary. Although a notary in many states makes a will easier to probate. Whether the will is valid depends on other facts you did not tell us.
Answered on Nov 15th, 2011 at 11:22 PM
Tax Attorney serving Portland, OR
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Bullivant Houser Bailey PC
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The will is still valid if it was signed by two witnesses. However, without a notary, you will need to provide an affidavit from one of the witnesses or take other steps to authenticate the signature.
Answered on Nov 15th, 2011 at 10:29 PM
1 Award
No, it is not valid if there are no witnesses. Witnesses do not need to be notaries.
Answered on Nov 15th, 2011 at 8:32 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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It is not necessary that a will be notarized; it is CRUCIAL that it be witnessed by two people, who both are in the room and see the testator (and each other) as the will is signed. If there is no affidavit of witnesses to the will (which is the piece that gets notarized) then at least one of the witnesses must be available to come into court and testify that he or she witnessed testator signing the will.
Answered on Nov 15th, 2011 at 8:10 PM
Trusts and Estates Attorney serving Troy, MI
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Barron, Rosenberg, Mayoras & Mayoras, P.C.
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A will does not need to be notarized but does need to be witnessed by 2 independent witnesses.
Answered on Nov 15th, 2011 at 8:01 PM
Trust Attorney serving Cincinnati, OH
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Paul A. Nidich Attorney at Law
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A will in Ohio does not have to be notarized. Instead, it needs to be witnessed by two individuals who sign the will in the presence of the person creating the will and in the presence of each other. If this is done, the will is valid. Note: This is not true for all states.
Answered on Nov 15th, 2011 at 7:06 PM
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If the Will meets the other requirements and is witnessed by two disinterested persons, of which you can locate one to sign an appropriate affidavit, the Will may be valid. If it is not witnessed and is solely in her own handwriting, and the will is dated, signed and sets froth that it intends to dispose of her property upon her death, it may be valid as a holographic Will. You should probably speak with an attorney and have the Will reviewed.
Answered on Nov 15th, 2011 at 6:20 PM
Ancillary Probate Attorney serving Dallas, TX
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Burdette & Rice, PLLC
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The law varies from one state to another. In Texas, for example, a notary's signature is not needed in order for a Will to be valid. You might, however, find a notary's signature appearing on a Self-Proving Affidavit, which is typically attached to a Will. The affidavit can prevent the need for any of the witnesses to the Will to be physically present to offer their testimony in Court when the Will is offered for admission to probate.
Answered on Nov 15th, 2011 at 6:19 PM