QUESTION
In NC, can a codicil be probated if only one witness signature and notarized? Can the notary serve as a witness since a notarization is not required?
Asked on Jul 09th, 2025 on Wills and Probate - North Carolina
More details to this question:
Seeking to find out if a codicil is valid in NC since it was signed by one witness and notarized. There is conflict between what answers we are receiving from attorneys saying the codicil does not need a notarization so the notary can attest to being the second witness therefore making it valid. We read online that notarization is secondary and does not replace the requirement for two witnesses. Please help us understand if the notary can act as a witness and make the codicil valid thus allowing the codicil to go through probate.
1 ANSWER
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A codicil signed by 2 witnesses is likely good. The notary can be counted as a witness. The codicil would no longer be self-proving if it were. Additional steps will be required to properly submit a codicil/will to the probate court effectively. See an estate/probate attorney.
Answered on Jul 25th, 2025 at 9:10 AM