QUESTION
If a will was not notarized, is it invalid?
Asked on Feb 17th, 2013 on Estate Planning - Mississippi
More details to this question:
Must all Last Will and Testaments be signed by a Notary Public? If one is not, does that make it invalid?
26 ANSWERS
In Nevada, it must be witnessed and notarized unless it is handwritten.
Answered on Apr 01st, 2013 at 2:57 AM
Edwin K. Niles
Notarization is NOT required, nor desired. A formal will requires two witnesses.
Answered on Feb 21st, 2013 at 2:06 AM
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.
Answered on Feb 21st, 2013 at 2:00 AM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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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.
Answered on Feb 20th, 2013 at 1:49 PM
Estate Planning Attorney serving Marquette, MI
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The Wideman Law Center, P.C.
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In Michigan a will should have two witnesses in order to be valid. A Self proving will should also be notarized.
Answered on Feb 20th, 2013 at 1:48 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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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.
Answered on Feb 20th, 2013 at 12:24 AM
3 Awards
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.
Answered on Feb 19th, 2013 at 10:27 PM
Tax Attorney serving Portland, OR
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Bullivant Houser Bailey PC
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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.
Answered on Feb 19th, 2013 at 9:29 PM
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.
Answered on Feb 19th, 2013 at 1:03 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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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.
Answered on Feb 19th, 2013 at 1:02 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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In Illinois, notary not required. Two witnesses are required.
Answered on Feb 19th, 2013 at 1:01 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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A hand-written will does not have to be notarized. Any other type of will must be witnessed and notarized.
Answered on Feb 19th, 2013 at 1:01 PM
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.
Answered on Feb 19th, 2013 at 1:01 PM
Thomas Edward 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.
Answered on Feb 19th, 2013 at 1:00 PM
Trusts & Estates Attorney serving Berkeley, CA
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Law Office of Scott Pesetsky
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in California, all wills must be signed by two witnesses, unless it is a holographic will. Notarization does not help and is never required.
Answered on Feb 19th, 2013 at 1:00 PM
2 Awards
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.
Answered on Feb 19th, 2013 at 12:59 PM
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.
Answered on Feb 19th, 2013 at 12:59 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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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.
Answered on Feb 19th, 2013 at 12:58 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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No. Wills are not required to be notarized in Michigan. There is some nominal value in doing so, but it is not necessary.
Answered on Feb 19th, 2013 at 12:57 PM
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.
Answered on Feb 19th, 2013 at 12:56 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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California law does not require that a will be notarized. The law in other states, however, may be different.
Answered on Feb 19th, 2013 at 12:56 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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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.
Answered on Feb 19th, 2013 at 12:56 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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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.
Answered on Feb 19th, 2013 at 12:56 PM
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.
Answered on Feb 19th, 2013 at 12:55 PM
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.
Answered on Feb 19th, 2013 at 12:54 PM
Divorce & Separation Attorney serving Ridgeland, MS
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Hancock Law Firm, PLLC
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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.
Answered on Feb 19th, 2013 at 12:53 PM