Does a document that is signed and dated have to be notarized to be valid?

Question

My mother has gifted me a piece of property that she signed and dated. She has since passed away. The executor of her estate claims that it is not valid and wants the property to be included in her estate to be sold and divided as per her will. Do I have a valid claim to the property?

Edwin K. Niles · Answer

A will never needs to be notarized.  A formal will needs two witnesses.  If the document is hand-written, it may qualify as a holographic will.  Talk to the lawyer.

Norman Green · Answer

Depends on the nature of the "document."  Is it a deed?  A will or codicil?  A contract?  A mere letter?  Did you give up anything in order to get the property?

Ronald Nims · Answer

Deeds are required to be notarized and wills are required to be signed by two unrelated witnesses. So, if your mother attempted to make a gift of the property to you, then it will fail and the property will go into her estate.

Erven Nelson · Answer

I would need to read the document and know the type of property to give proper advice, but it looks like you have a good case even if the document is not notarized. You should hire a good wills and trusts lawyer to help you file a claim with the court, or oppose the claim of the executor. If the document states that she actually gave you the property (not just promised to give it to you at a later time), then you could argue that the document transferred the property to you. Your case would be even stronger if you actually have the property in your possession. If you do not possess the property, you will have a harder time. If the property is real property (like land, a house or building), you would have a good argument that she gave you the piece of property but in most states a deed must be notarized to be recorded.

Victor Waid · Answer

If you are talking about a validly executed deed, then no notarization is required of the signature, as notarization is only for recording purposes, and the land title is yours; suggest you obtain the services of a probate/trust litigation lawyer to represent you in this matter to protect your title.

Brian Haggerty · Answer

It's not valid as a will if it wasn't witnessed by two people. It's not valid as a deed, since a deed would have to be notarized. It stands as evidence of her intent that you have the property, but it doesn't sound like the document you have would stand alone, against what her will says.

Mark T. Peters · Answer

Generally, state laws require that in order to be valid, a deed must be notarized. Since yours wasn't, it was not a valid transfer of property. I suppose you might try and claim that it shows testamentary intent, so it is actually a codicil. The problem with that is that it apparently was not witnessed by two disinterested people. The other possibility would be that it is a holographic will, but in that case the entire document must be in your mother's handwriting.

James Frederick · Answer

It depends. When you say "property," are you speaking of real property or personal property? Real property is normally conveyed by deed and not by a note. If it is a deed, it needs to be notarized. If not, the only other question I would have is whether the note could be considered a codicil to the Will.  There are other potential issues, such as capacity and/or undue influence. Since the PR is apparently going to challenge you on this, hiring an attorney to protect your interest would be a wise decision.

Christine James · Answer

Possibly but you need to show it to an attorney ASAP.  If it was never recorded you may have a problem - that said an un notarized document cannot be recorded.  The only way to know if it is a valid transfer is to have it reviewed by an attorney.

Thomas Edward Gates · Answer

While you may have a claim the document your mother signed is not valid, since no one associated with the property saw her sign it.

Bernard H. Greenberg · Answer

That question will be decided by the Probate Court. The executor is doing the correct thing and it is up to you to present your claim to the Court. For assistance, contact an attorney specializing in estate litigation.

Dara J. Goldsmith · Answer

It is difficult to say without reviewing the document.  Hire am attorney to review it and advise you.  If it's not a gift it might be a codicil to her Will.  Again you need an attorney to review it.

John Brennan · Answer

See an attorney with the details. Generally the estate is on the property remaining at death. What the administrator wants and the law may be different.

Randall Romei · Answer

In order for a gift to be complete the donor has to surrender the property and control over it.  If the gift is of personal property, did the donor physically deliver the property to you.  If not than the paper signed by the donor is merely a preference that can guide the executor in the distribution of personal property but it does not replace the terms of the Will.  If it is real estate, was the paper signed by the donor a deed.  If not it would not be effective.  Furthermore, in Illinois, the grantors signature must be acknowledged by a Notary Public to be a valid recordable deed.

Edward Armstrong · Answer

If the "property" that your mother gave you is real estate (i.e., land)  then normally the document granting ownership must be notarized and  recorded with the recorder of deeds in the country where the property is  located.

James Maguire · Answer

In Louisiana, a transfer of real estate must be witnessed and notarized to   be valid.

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Does a document that is signed and dated have to be notarized to be valid?

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