Most wills do not require a notary, but your state may require one for the signature to be legally valid

Whether you need a notary for your will depends on your state's laws, not on a general rule that applies everywhere. Some states allow you to sign a will in front of two witnesses and have it be valid without any notary present. Other states require a notary's signature and seal alongside witness signatures. A few states let you choose between having witnesses or having a notary—this is called a self-proving affidavit, and it makes the will easier to admit to probate later because the court does not have to track down your witnesses to confirm they saw you sign.

The practical reason to get a notary involved, even when your state does not require it, is that a notarized will moves through probate faster. When a will is notarized, the court accepts it as valid without calling witnesses to testify about what they saw. If your will is signed only by witnesses and one of them has moved away or died by the time probate happens, the court may delay the process while it tries to locate them.

Key Takeaways

  • Your state's law determines whether a notary is required for a will to be valid—check your state's probate code or ask a local probate attorney.
  • A self-proving affidavit, signed in front of a notary, lets the court accept your will without calling witnesses to testify later.
  • Even if your state does not require a notary, having one notarize your will can speed up probate and prevent delays if witnesses become unavailable.
  • A notary will verify your identity, watch you sign the will, and add their official seal and signature to confirm the signing took place.
  • You can find a notary at banks, UPS stores, law offices, and online notary services, though online notaries may not be accepted in all states for wills.

What your state's law says about notaries and wills

Every state has its own probate code that spells out what makes a will valid. Some states—including California, Florida, and Texas—allow a will to be valid if you sign it in front of two witnesses, with no notary required. Other states, like Louisiana, require a notary's involvement. Many states fall in the middle: they do not require a notary, but they offer a self-proving affidavit as an option, which is a separate document you sign in front of a notary that tells the court your will is valid.

The easiest way to find out what your state requires is to search "[your state] probate code will requirements" or call your county probate court and ask. You can also ask a probate attorney in your state—many offer a brief phone consultation at no cost. Do not rely on online templates or forms from other states, because they may not match your state's rules and could make your will invalid.

How a notary verifies your identity and witnesses the signing

When you bring your will to a notary, they will ask to see a government-issued photo ID to confirm you are who you say you are. They will watch you sign the will in front of them. They will not read the will or give you legal information about what should be in it—that is not their job. Their job is only to confirm that you signed it, that you appear to understand what you are doing, and that you are signing of your own free will, not under pressure.

If your state requires a self-proving affidavit, the notary will also have you sign a separate short document—usually one page—that states you signed the will and that you are of sound mind. The notary then signs and stamps this affidavit with their official seal. This affidavit becomes part of the will file and tells the probate court that the will was signed correctly.

Where to find a notary in your area

Notaries are available at banks, credit unions, UPS stores, FedEx locations, and many law offices. You can also search for independent notaries in your area by typing "notary public near me" into a search engine. Call ahead to confirm they are available and ask if there is a fee—most notaries charge between five and twenty dollars per signature, though some banks offer notary services free to customers.

Online notary services exist and are growing, but they are not accepted in all states for wills. Some states require the notary to be physically present in the same room as you when you sign. Before you use an online notary, check your state's probate code or call your probate court to confirm it is allowed. If you do use an online notary, make sure they are licensed in your state.

What happens if you sign your will without a notary when one is required

If your state requires a notary and you sign your will without one, the will may be invalid. This means your estate will be divided according to your state's intestacy laws—the default rules for who inherits when there is no will—rather than according to what you wanted. Your family may end up in court fighting over who gets what, and the process will be slower and more expensive than probate would have been.

If you realize after signing that you needed a notary, you may be able to fix it by having the will notarized now, even though you signed it earlier. Some states allow this; others do not. Contact a probate attorney in your state to find out whether your will can be saved or whether you need to write a new one.

The difference between a notarized will and a self-proving affidavit

A notarized will means a notary watched you sign the will itself and added their seal and signature to the will document. A self-proving affidavit is a separate one-page document you sign in front of a notary that says you signed the will and that you are of sound mind. The affidavit is then attached to the will.

The practical difference is small: both tell the probate court that the will was signed correctly, and both speed up probate by letting the court accept the will without calling witnesses. Some states require one, some allow either, and some allow neither. Check your state's probate code to see which option applies to you. If your state allows either, a self-proving affidavit is often simpler because it does not require the notary to sign the will itself—just the separate affidavit page.

Common mistakes to avoid when getting a will notarized

Do not sign the will before you go to the notary. The notary must watch you sign it. If you sign it at home and then bring it to the notary to sign, the notary's signature will not make the will valid in most states.

Do not assume an online notary is legal in your state. Call your probate court first. Do not use a notary who is related to you or who stands to inherit from your will—many states say this makes the notarization invalid. Bring a government-issued photo ID so the notary can verify your identity. If your state requires witnesses as well as a notary, bring the witnesses with you or plan a separate trip to have them sign.

Frequently Asked Questions

Can a family member be a notary for my will?

Most states say no. If a notary is related to you or stands to inherit from your will, their notarization may be invalid. Use a notary who has no connection to you or your estate. This protects your will from being challenged later.

Do I need both a notary and witnesses for my will?

It depends on your state. Some states require witnesses only, some require a notary only, and some allow you to choose. Check your state's probate code or call your county probate court to find out what your state requires.

What if I cannot get to a notary in person?

Some states allow online notaries, but not all. Call your probate court to ask whether your state accepts remote notarization for wills. If it does, make sure the online notary is licensed in your state. If your state does not allow it, you will need to visit a notary in person.

Can I notarize my will at the same time I sign it?

Yes. You can go to a notary, sign the will in front of them, and have them notarize it on the same day. This is the fastest way to get a notarized will. Just make sure you bring your government-issued ID and any witnesses your state requires.

What if my will is already signed and I want to add a notary now?

Some states allow you to notarize a will after you have signed it, but others do not. Contact a probate attorney in your state to find out whether this is possible. If it is not, you may need to write a new will and have it notarized correctly from the start.