How to Notarize a Will: Rules for Notaries and Signers

Q: Can a will be notarized remotely (RON)?

Many states that allow RON exclude wills. The witness requirements for wills (physical presence in most states) make remote notarization difficult or impossible.

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Notarizing a will is one of the most sensitive tasks a notary can be asked to perform. Unlike most documents, a will that is notarized incorrectly can be invalidated in probate court. The stakes are high enough that many notaries decline wills entirely.

Most states do not require a will to be notarized for basic validity. When notarization is involved, it is almost always for a self-proving affidavit attached to the will, not for the will itself.

Does a Will Need to Be Notarized?

In most states, a valid will needs only the testator’s signature and the signatures of two witnesses who watched the testator sign. No notary required.

Notarization enters the picture when the testator wants to make the will “self-proving.” A self-proving will includes a notarized affidavit from the witnesses stating that they watched the testator sign the will and that the testator appeared to be of sound mind and acting voluntarily. When a will is self-proving, the probate court can accept it without having to track down the original witnesses to testify. This speeds up probate significantly.

What Is a Self-Proving Affidavit?

A self-proving affidavit is a separate document (or an additional page attached to the will) in which the witnesses swear under oath that:

The testator signed the will in their presence
The testator appeared to be of sound mind and acting voluntarily
The witnesses signed in the testator’s presence and in each other’s presence

The notary’s role is to administer an oath to the witnesses and notarize their signatures on the affidavit. The notary is not notarizing the testator’s signature on the will itself.

Step-by-Step: Notarizing a Self-Proving Affidavit

1. Confirm you have clear instructions. The testator should arrive with a will that has already been prepared, ideally by an attorney. You should have written instructions from the testator or their attorney about what needs to be notarized. If the testator is asking you whether the will should be notarized, stop. You cannot give that legal advice.
2. Verify the testator’s identity and competence. Check a government-issued photo ID. Confirm that the testator appears to understand what they are signing. If you have doubts about the testator’s mental capacity, decline the notarization.
3. Confirm the witnesses. Most states require two witnesses for a valid will. The witnesses must be present and must also sign the self-proving affidavit. Some states require witnesses to be “disinterested” (not named as beneficiaries in the will). Check your state’s requirements.
4. Administer the oath to the witnesses. The self-proving affidavit requires a jurat (sworn statement), not an acknowledgment. Administer an oath or affirmation to each witness before they sign.
5. Complete the notarial certificate. Apply your seal and signature to the affidavit. Record the transaction in your journal.

When to Decline Notarizing a Will

The testator asks you legal questions about the will. “Should I include this provision?” “Do I need more witnesses?” “Can I leave my property to X?” These are legal questions. You cannot answer them. Refer the testator to an attorney.
The testator does not have clear instructions. If the testator shows up with a blank or incomplete will and asks you what to do, decline. A notary should never direct the execution of a will.
You doubt the testator’s mental capacity. If the testator appears confused, disoriented, or seems to be under undue influence from someone in the room, decline. Notarizing for someone who lacks capacity creates legal exposure.
The will is already signed. In most states, a self-proving affidavit requires the witnesses to swear that they watched the testator sign. If the will was signed days or weeks ago without witnesses present, the affidavit would be false.

State-Specific Considerations

Will execution requirements vary significantly by state. Some key differences:

Number of witnesses. Most states require two witnesses. Colorado requires only two but allows a notary to serve as one of them. Some states allow “holographic” (handwritten) wills without witnesses.
Disinterested witnesses. Some states invalidate bequests to witnesses or their spouses. If a beneficiary is serving as a witness, the gift to that person may be voided even if the will itself remains valid.
Self-proving affidavits. Not all states use the same form. Some states have statutory self-proving affidavit language. Others accept any substantially compliant affidavit. Use the form provided by the testator’s attorney whenever possible.
RON restrictions. Many states that allow remote online notarization for other documents exclude wills. If you are a RON notary, check whether your state permits remote notarization of self-proving affidavits for wills.

Can a Notary Serve as a Witness?

In most states, yes. A notary can serve as one of the two required witnesses to a will. But you need to keep the roles separate. When acting as a witness, you are signing as a witness to the will. When acting as a notary, you are notarizing the self-proving affidavit. These are two different functions on two different parts of the document.

Some states prohibit a notary from both witnessing and notarizing the same will. Check your state’s notary laws before serving in both roles.

Frequently Asked Questions

Can a notary notarize a will?

Yes, with important caveats. A notary can notarize a self-proving affidavit attached to a will, provided the testator has clear legal instructions and the witnesses are present. A notary should never notarize a will without written instructions from the testator or their attorney.

Is a will valid without notarization?

In most states, yes. A will signed by the testator and two witnesses is valid without notarization. Notarization (via a self-proving affidavit) makes probate faster but is not required for the will to be legally binding.

What is the difference between notarizing a will and a self-proving affidavit?

The notary does not notarize the will itself. The notary notarizes the self-proving affidavit, which is a sworn statement from the witnesses confirming they watched the testator sign. The affidavit is a separate document or page attached to the will.

Can a notary be a witness to a will?

In most states, yes. A notary can serve as one of the two required witnesses. However, some states prohibit serving as both witness and notary on the same will. Check your state’s laws. Also be aware that serving as a witness who is also a beneficiary may void your inheritance in some states.

Can a will be notarized remotely (RON)?

Many states that allow RON for other documents specifically exclude wills. Even in states that permit RON generally, the witness requirements for wills (witnesses must be physically present with the testator in most states) make remote notarization of wills difficult or impossible. Check your state’s specific RON and will execution statutes.

NotaryTrainingSchool.com covers will notarization, self-proving affidavits, and estate document handling in its notary training curriculum.