A notary can witness your will, but it may not be the best choice
A notary public can legally witness your will in all 50 states. However, most states have specific rules about who can and cannot witness a will, and using a notary creates complications that a regular witness avoids. The core issue is that a notary's job is to verify identity and prevent fraud—but a will witness has a different job: to confirm that you signed the document of your own free will and that you appeared mentally capable when you did.
If you use a notary as a witness, the notary can perform both roles at once. But if your will is ever challenged in court, that notary may be called to testify about what they saw. A notary who is also a witness can create confusion about whether they were acting in their notary capacity or their witness capacity—and that confusion can give someone a reason to contest the will.
Key Takeaways
- A notary can serve as a witness to your will in every state, but most states require two or three witnesses who are unrelated to you and have no financial stake in your estate.
- Using a notary as a witness works best when the notary is someone you know and trust, not a stranger at a notary service, because the notary may need to testify later about your state of mind.
- Some states allow a will to be notarized instead of witnessed—called a self-proving affidavit—which can speed up probate but does not replace the need for witnesses in most cases.
- If a notary witnesses your will, make sure they also notarize it (have you sign an affidavit swearing the document is genuine), because this creates a stronger legal record.
- Never use a notary who is also a beneficiary of your will, because that notary cannot legally witness it in most states.
What states require in a will witness
Most states require two witnesses to a will. A few states—including Florida, Louisiana, and Vermont—require three. The witnesses must be present while you sign the will, and they must sign it themselves in your presence and in each other's presence. This is called attestation.
In nearly every state, a witness cannot be someone who stands to inherit from your will, someone who is married to a beneficiary, or someone under the age of 18. Some states also bar the person who drafted the will from witnessing it. A notary public who is not a beneficiary and meets the age requirement can witness your will without breaking any of these rules.
The reason states set these rules is to prevent fraud and undue influence. A witness is supposed to be a neutral observer who can later testify that you signed the document freely and appeared to understand what you were doing. If the witness has a financial interest in your estate, their testimony becomes suspect.
Why a notary witness creates legal risk
When a notary witnesses your will, they are performing two separate functions at once. As a notary, they verify your identity and confirm that you signed the document. As a witness, they attest that you appeared mentally capable and signed of your own free will. These are not the same thing.
If your will is challenged after your death—perhaps by a family member who claims you were not of sound mind, or that someone pressured you—the court may call the notary to testify. The notary will be asked about your mental state, your demeanor, whether anyone seemed to be controlling you, and other details that go beyond what a notary typically observes. If the notary was a stranger performing a routine notarization, they may not be able to answer these questions convincingly.
A better approach is to use two or three people who know you well—a friend, a family member who is not inheriting, a coworker, or a clergy member. These witnesses can speak to your mental clarity and your independence. If you also want the will notarized, you can have the notary notarize it after the witnesses sign, without the notary serving as a witness themselves.
Self-proving affidavits and notarization
Some states allow you to add a self-proving affidavit to your will. This is a separate document, signed under oath before a notary, in which you and your witnesses swear that the will is genuine and that you signed it freely. A self-proving affidavit can speed up probate because the court does not have to track down your witnesses later to confirm the will's validity.
However, a self-proving affidavit does not replace the need for witnesses in most states. You still need the two or three witnesses to sign the will itself. The affidavit straightforward makes the probate process faster by creating a sworn record that the will is legitimate.
A few states—including Michigan and North Dakota—allow a will to be notarized in place of having witnesses, under certain conditions. If you live in one of these states, you can sign your will before a notary public without needing separate witnesses. But this is rare. In most places, you need both witnesses and a notary if you want the strongest possible will.
When a notary witness is acceptable
Using a notary as a witness is most reasonable when the notary is someone you know and trust—perhaps your accountant, your lawyer's office manager, or a family friend who happens to be a notary. In that case, the notary can speak to your mental state and independence if needed, and their dual role is less likely to create confusion.
It is less reasonable to use a stranger at a notary service—someone you have never met before and will never see again. That person cannot testify meaningfully about your state of mind, and their presence as a witness adds little value.
If you do use a notary as a witness, make sure the notary also notarizes the will by having you sign a self-proving affidavit. This creates a stronger legal record and makes it harder for someone to challenge the will later by claiming it was not properly signed.
What to avoid when using a notary witness
Never use a notary who is also a beneficiary of your will. In most states, this is illegal. A notary who stands to inherit from you cannot be a witness because they have a financial interest in the will's validity. If a beneficiary-notary signs as a witness, the will may be invalid, or a court may strike that person's inheritance.
Do not use a notary who is under 18 years old. Most states require witnesses to be adults, and a notary commission does not override this rule.
Avoid having only one witness if your state requires two. A notary cannot make up for a missing witness. If you sign your will in front of only one person, the will may not be valid, even if that person is a notary.
Do not assume that notarization is the same as witnessing. A notary can notarize a document without witnessing it, and a person can witness a document without notarizing it. If you want both, you need to ask for both explicitly.
How to properly notarize and witness your will
The safest approach is to gather two or three people who know you well and have no stake in your estate. Have them watch you sign your will, and then have them sign it themselves. After all the witnesses have signed, take the will to a notary public and have the notary notarize a self-proving affidavit. The notary does not need to be one of the witnesses.
If you want a notary to serve as one of your witnesses, choose someone you know. Have that person and at least one other witness present while you sign. Then have the notary notarize a self-proving affidavit. This gives you the benefit of a notary's official seal and the credibility of witnesses who know you.
Keep the original will in a safe place—a safe deposit box, a home safe, or with your lawyer. Tell your executor or a trusted family member where the will is located. Do not rely on a copy, because probate courts typically require the original document.
Frequently Asked Questions
Can a notary be the only witness to my will?
No. If your state requires two witnesses, one notary is not enough. You need at least two people to sign as witnesses, regardless of whether one of them is a notary. A notary's seal does not replace the legal requirement for multiple witnesses.
What if my notary is also my lawyer?
A lawyer who is also a notary can witness your will, but many lawyers avoid doing so to prevent conflicts of interest. If your lawyer is willing to serve as a witness, they can, but it is often better to have your lawyer draft the will and then have other people witness it. Ask your lawyer what they recommend.
Does notarizing a will make it valid without witnesses?
In most states, no. Notarization and witnessing are separate requirements. A notarized will still needs witnesses in most places. A few states allow a will to be notarized in place of witnesses, but this is uncommon. Check your state's laws or ask a lawyer.
Can I use a notary I just met at a notary service?
Technically yes, but it is not ideal. A stranger notary can witness your will legally, but they cannot testify meaningfully about your mental state or independence if the will is challenged. Use a notary you know if possible, or use separate witnesses who know you well.
What happens if my notary witness dies before I do?
Your will remains valid. Once a will is properly signed and witnessed, the death of a witness does not invalidate it. However, if your will is challenged, the court may have difficulty locating the deceased witness's testimony. This is another reason to use witnesses who know you well—their families or friends may be able to speak to what they would have said.