Notaries cannot write, create, or legally execute a will for you
A notary public can witness your signature on a will you have already written, but they cannot draft the will itself, advise you on what should be in it, or make it legally valid on their own. A notary's job is to confirm that you signed the document and that you are who you say you are — nothing more.
Many people confuse notarization with legal authority. Notarizing a will does not make it valid in the eyes of the law. What makes a will valid depends on your state's rules about witnesses, signatures, and sometimes the order in which things happen. A notary can be one of those witnesses, but the will's legality rests on whether it meets your state's specific requirements, not on the notary's seal.
If you need a will, you have three main routes: write it yourself using a template (which works in many states for straightforward situations), hire an attorney (the safest option if your finances or family situation is complex), or use an online legal service that generates documents based on your answers. A notary fits into any of these paths, but only at the witnessing stage.
Key Takeaways
- A notary can witness your signature on a will but cannot write the will, give legal information about it, or make it valid by themselves.
- Notarization is not required to make a will legal in most states, though some states require a notary as one of the witnesses.
- Your state's laws determine what makes a will valid — usually a signature, two witnesses, and sometimes a notary — not the notary's involvement alone.
- If you need a will written, contact an attorney, use an online legal document service, or create one yourself using a state-specific template.
When a notary can witness your will
If your state requires or allows a notary to be one of the witnesses on your will, the notary can sign the document alongside you and the other witnesses. The notary verifies that you are the person named in the will, that you signed it of your own free will, and that you appear to understand what you are signing. The notary then stamps the document with their official seal.
Some states require a will to be notarized; others do not. A few states have a special category called a self-proving will, which includes a notarized affidavit (a sworn statement) that makes the will easier to process through probate court later. This affidavit is separate from the will itself and is notarized after the will is signed. The notary does not create this affidavit — an attorney usually does — but the notary witnesses and seals it.
Even if your state does not require notarization, having a notary witness your will can speed up probate later, because the court will have official confirmation that you signed it. This is why many people choose to have a notary present even when it is not mandatory.
What notaries cannot do with wills
A notary cannot tell you whether your will is written correctly, whether it covers all your assets, or whether it will hold up in court. They cannot advise you on taxes, guardianship of children, or how to distribute your estate. They cannot change, add to, or interpret any part of the will. They cannot notarize a will that you did not sign yourself, and they cannot notarize a will if they have a financial interest in it (for example, if they are named as a beneficiary).
A notary also cannot serve as a witness if they are related to you by blood or marriage, or if they stand to gain money or property from your will. These rules exist to prevent fraud and to make sure the will holds up if someone challenges it later. If a notary breaks these rules, the notarization is invalid and may cast doubt on the entire will.
Some notaries work in banks, law offices, or title companies and may have seen many wills. This experience does not give them the legal authority to advise you. If a notary suggests changes to your will or tells you what should be in it, that is a red flag — they are stepping outside their role.
How to find a notary for your will
Notaries work at banks, law offices, title companies, UPS stores, and some pharmacies. Many charge between $5 and $15 per signature, though prices vary by location and the notary's employer. Some notaries offer mobile services and will come to your home or hospital if you cannot travel.
When you call to schedule, tell the notary that you need them to witness a will. Ask whether they charge a fee, whether they can meet at a time that works for you, and whether they need you to bring anything besides the will and a photo ID. Bring two forms of identification if possible — one with a photo and one with your signature.
If you are using an online legal service to create your will, that service may offer notarization as an add-on or may direct you to a notary in your area. Some services include video notarization, which allows you to be notarized remotely. Check your state's rules first, because not all states accept remote notarization for wills.
State rules vary on whether notarization is required
Some states require a will to be notarized; others do not. A few states require notarization only if the will is handwritten. Your state's probate court website usually lists the exact requirements for a valid will in your area.
If you are unsure whether your state requires notarization, contact your county probate court or search your state's probate code online. You can also ask an attorney — a brief phone call to clarify the rules for your state usually costs nothing or very little. Getting this right before you sign is much cheaper than fixing a will that does not meet your state's requirements after you die.
When to hire an attorney instead of just using a notary
If your situation is straightforward — you have a small estate, no minor children, no complicated family dynamics, and you want everything to go to your spouse or one or two people — a notarized will you write yourself or create using an online template may be enough. A notary can then witness it.
Hire an attorney if you own a business, have significant assets, have children from a previous relationship, want to set up a trust, need to name a guardian for minor children, or think someone might challenge your will. An attorney can draft a will that protects your wishes and your family, and they can advise you on whether notarization, a self-proving affidavit, or other steps will help your will survive probate. An attorney can also refer you to a notary if one is needed.
Frequently Asked Questions
Does a notarized will cost more than a regular will?
Notarization itself costs $5 to $15 per signature in most places. The will itself — whether you write it, use an online service, or hire an attorney — is a separate cost. Notarization is a small add-on fee, not a major expense.
Can a notary refuse to notarize my will?
Yes. A notary can refuse if you do not have proper identification, if they are related to you or named in the will, if they believe you are being coerced, or if the will appears to be altered or forged. A notary can also refuse if your state's law does not allow notarization of wills or if the will does not meet your state's requirements.
What happens if I notarize my will and then move to a different state?
Most states recognize wills notarized in other states, as long as the will meets the requirements of the state where you now live or the state where you will die. If you move and your new state has different will requirements, consult an attorney about whether you need to create a new will or update the old one.
Can I notarize my own will?
No. A notary cannot notarize a document they signed themselves. If you are a notary, you cannot notarize your own will. You must find a different notary to witness it.
Is a notarized will the same as a witnessed will?
Not exactly. A witnessed will has two or more people sign it to confirm you signed it. A notarized will has a notary sign it and add their official seal. Some wills are both witnessed and notarized. Your state's law determines which one is required or recommended.