Does a Will Need to Be Notarized? What Makes a Will Valid

Short answer: in most states, no.

A notary isn’t usually what makes a will valid. Witnesses are. But a notary can still play a helpful role, and in a few places the rules are different.

Here’s what you need to know so your will holds up when your family needs it.

What Makes a Will Valid

Each state sets its own rules, but most follow the same basic pattern. For a typical written will to be valid, you generally need:

1. You must be an adult. Usually 18 or older.
2. You must be of sound mind. You understand what you own, who your family is, and what the will does.
3. The will must be in writing. Typed or printed is standard.
4. You must sign it. Usually at the end of the document.
5. Witnesses must sign it. Most states require two adult witnesses who watch you sign and then sign themselves.

Notice what’s missing from that list: a notary stamp. In most states, a will signed by you and two proper witnesses is valid without one.

Where the Rules Differ

A few states do things differently:

• Louisiana requires a will to be notarized.
• Colorado and North Dakota allow a will to be notarized instead of witnessed.

And some states accept handwritten wills, called holographic wills, without witnesses at all. The rules on those vary a lot, so they’re not something to count on without checking your state’s law.

If you’re not sure what your state requires, a local attorney or your state’s court website can tell you.

So Why Do People Get Wills Notarized?

Because of something called a self-proving affidavit.

When a will goes through probate, the court needs to confirm it’s real. Without extra paperwork, that can mean tracking down your witnesses, sometimes years later, and asking them to confirm they saw you sign. Witnesses move. They forget. Sometimes they’ve passed away.

A self-proving affidavit solves this. It’s a short statement attached to your will, signed by you and your witnesses in front of a notary. It says, under oath, that everything was done properly.

With it, the court can usually accept the will without calling the witnesses in. That can make probate faster and simpler for your family.

Most states recognize self-proving affidavits. A small number, including Ohio and Washington, D.C., don’t use them, so check your state’s rules.

Who Can Be a Witness?

Choose witnesses carefully. In general, a good witness is:

• An adult
• Someone who is not named in your will as a beneficiary
• Someone who is not married to a beneficiary
• Someone easy to reach, like a neighbor or coworker

Using a beneficiary as a witness can cause problems. In some states, it can even cancel that person’s gift. It’s the easiest mistake to avoid: pick people who have nothing to gain.

Common Mistakes That Cause Problems

• Signing without witnesses in the room. Witnesses generally need to see you sign.
• Witnesses signing at different times. Many states expect everyone to sign together.
• Making handwritten changes after signing. Crossing things out or adding notes can raise questions. Make a new will or a formal amendment (called a codicil) instead.
• Losing the original. Courts usually want the signed original, so store it somewhere safe and tell your executor where it is.
• Never getting around to signing. A draft on your laptop isn’t a will. Without a signed will, state law decides who inherits. Our post on what happens if you die without a will explains how that works.

A Simple Signing Day Plan

1. Review the will one last time. Make sure names and details are correct.
2. Line up two adult witnesses who aren’t beneficiaries.
3. Book a notary if you’re adding a self-proving affidavit. Many banks offer notary services.
4. Sign together: you first, then the witnesses, then the notary for the affidavit.
5. Store the original in a safe, fire-resistant place.
6. Tell your executor where it is.

Frequently Asked Questions

Is a will valid without a notary?
In most states, yes, as long as it’s properly signed and witnessed. Louisiana is a notable exception.

How many witnesses do I need?
Most states require two.

Does a notary make my will “more legal”?
Not exactly. The notary is there for the self-proving affidavit, which makes the will easier to prove in court.

Can my spouse witness my will?
It’s best to avoid it if your spouse is a beneficiary. Choose neutral witnesses instead.

Can I write my own will?
Yes. Many people use a will kit and follow their state’s signing rules. For complex situations, talking with an attorney is a good idea.

Get Your Will Done

Our Last Will and Testament Kit walks you through each section in plain language, with clear signing and witness instructions. It’s also part of the Complete Estate & Health Care Bundle.

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This article is for general information only and is not legal advice. Will requirements vary by state. For advice about your situation, talk to a licensed attorney.