Can I write my own will and have it notarized: Everything you need to know

Yes, you can write your own will and have it notarized. A will, additionally called a last will and testament, is a crucial legal document outlining your desired asset allocation following your demise. Establishing a testamentary document is a straightforward and astute method to guarantee that your desires and requirements are fulfilled at your demise. Additionally, it ensures that your wishes will be carried out in the event of your incapacitation. It is a highly significant and invaluable legal document for any individual.

It is common knowledge that engaging the services of an attorney or law firm for estate planning may be costly, which is why many people opt to draft their own last will and testament. We strongly recommend using a professional to create a will to prevent it from being invalidated due to non-compliance with the law or faulty writing.

Notarizing your own will is unnecessary for it to be legally valid and enforceable in most states except Louisiana. However, if it is not notarized, it might result in issues throughout the probate court process.

What is will notarization?

Notarization is verifying and validating documents to ensure they are genuine and free from suspicion of counterfeiting. A Notary Public is a government-appointed person who observes unbiasedly to prevent fraudulent activities. When a will is notarized, it signifies that the testator’s identity was verified, that the testator read and comprehended the contents of their will, and that the testator’s signature has been witnessed.

Notarization helps create a self-proving affidavit, making a will self-proving. When a will is submitted for probate following an individual’s demise, it must be verified. The term “probate” originates from the Latin word “probare,” which translates to “to test” or “to prove.” In the process of probate, we provide evidence to establish the will’s validity.

Suppose you would like your will to be self-proving. In that case, you may attach a self-proving affidavit, a notarized optional document, to it, and the probate court will not have to summon witnesses to testify, which means the procedure will be expedited. Remember that the notarization of your will does not occur on the will itself but on the self-proving affidavit annexed to it.

3 main reasons why you should have a will notarized

1. Increased credibility and authenticity

One should consider one’s own will notarization in order to establish its “self-proving” status. Consequently, once the will is put into effect, the court will consider it legally acceptable without requiring the witnesses to provide testimony on their presence at its signing and the mental capacity of the person making the will.

When you notarize your will, the notary authenticates your identity and observes your signature to verify that you have freely signed the document. This measure aids in preventing fraudulent activities and guarantees that your will appropriately represent your ultimate desires. It enhances the challenge for anybody to contest your will in the future.

2. Simplification of  probate process

Notarization helps mitigate issues that may arise in the absence of proper documentation, such as the need to locate witnesses, especially where significant time has passed since the making of the will. Notarization makes it easier for the court to disregard the necessity of verifying the validity of your signature and the signatures of any witnesses, and it eases the process for the executors and beneficiaries.

3. Legal compliance and clarity

In Louisiana, aside from two witnesses, a notary public is required to witness your signing and certify its authenticity. Wills that have been notarized possess increased legal significance and provide clarity on the testator’s final wishes. 

Can a will be handwritten and notarized?

Yes, a will can be handwritten and notarized. We have notarized and unnotarized handwritten wills. A self-written will is written by hand, notarized, and signed by the author. A holographic will is drafted and signed by the testator but is not notarized. The will’s validity may be disputed for handwritten, unnotarized wills, while the probate process for notarized handwritten wills is smoother than for unnotarized handwritten wills. 

How much does it cost to notarize a will? 

The fee for notarizing a will varies based on your geographical location. Notaries often charge between $1 and $20 for each document or signature. While each state has its regulations on notary fees, there is a cap on how much a notary can charge for each signature. There may be a price reduction for subsequent signatures. In the event that the notary visits your location, you may be required to provide travel expenses.

Who Can Notarize a Document

A notary public can notarize a document. In the United States, notarial acts are performed only by actively commissioned notaries public. These individuals receive authorization from the state where they operate to certify signatures on legal documents.

Does Notarizing a Document Make It Legal?

Yes, notarizing a document attests to the authenticity of the document and verifies that the signor is authentic. The notarization itself does not make the document legally binding, but some courts recognize notarized documents as evidence of authenticity. Government agencies also accept notarized documents as valid, confirming their authenticity based on the notary’s attestation.

Can a Notary Notarize Their Own Documents?

No, a notary cannot notarize their own documents. Despite having the technical understanding of the notarization process, it is against notary laws to certify their own paperwork. This rule exists to ensure that the notarization process remains unbiased and prevents any potential conflicts of interest or ethical issues.

Is a Notarized Will Legally Binding?

Yes, a notarized will can be legally binding, but it depends on state laws. Some states require additional steps, such as witness signatures, to make a will valid. Notarization can help verify the authenticity of the will, but it does not automatically make it legally binding unless all legal requirements for creating a will are met in the specific jurisdiction.

Can a Notary Be a Witness to a Will?

Yes, a notary can serve as a witness to a will, but they cannot act as both a notary and a witness for the same document. This ensures that the roles remain distinct and the notarization process remains impartial.

Can a Notary Do a Succession?

No, a notary cannot do a succession. Succession involves the legal transfer of assets and property after someone passes away, typically requiring court procedures. A notary can notarize documents related to the succession, such as affidavits or wills, but they do not have the legal authority to handle the succession process itself, which is managed through probate or estate courts.

Can a Notary Public Notarize a Will?

Yes, a notary public can notarize a will. You can get your will notarized anywhere notary services are available. Notarization adds an additional layer of authenticity to the document, though some states may still require witness signatures for the will to be fully valid.

Can a Notary Make a Will?

No, a notary cannot make a will. A notary’s role is to witness and verify the authenticity of signatures on legal documents, including wills, but they do not have the legal authority to draft or create wills. Only the testator, the person making the will, or a legal professional can create the content of a will.

Can a Lawyer Notarize a Document?

Yes, as long as a lawyer has been commissioned by the state to perform notarization services, they can notarize a will or any other document type. Lawyers who are commissioned as notaries can carry out the same notarial acts as a non-lawyer notary.

Can You Notarize a Document If the Person Is Not Present?

No, you cannot notarize a document if the person is not present. A complete notarization requires the notary’s signature, seal, and the signer’s presence to verify their identity and willingness to sign the document. Notarizing a document without the signer present is a violation of notary laws.

Can a Notary Notarize a Document Already Signed?

Yes, a notary may notarize a document that is already signed, but only when the required notarial act is an acknowledgment. In this case, the signer must personally appear before the notary to confirm that they willingly signed the document. If all the requirements of the acknowledgment are met, then notarization can proceed.

Can a Family Member Be a Witness on a Notarized Document?

No, close family members should not serve as witnesses on a notarized document unless it is clearly permitted by your state’s notary laws. Even if they are not named in the document, family members like your spouse, in-laws, or close relatives may have some direct or indirect interest in the document, which could raise questions about impartiality.

What Happens If You Break a Notarized Will Document?

Breaking a notarized will document, such as destroying or altering it, does not automatically invalidate the will, but it could have serious legal consequences. If the will is tampered with or broken, beneficiaries or other interested parties may challenge its validity in probate court. The court may launch an investigation to determine whether the original intentions of the testator have been compromised. This could lead to disputes, delays, or even the will being declared invalid, depending on the extent of the damage or alteration.

Where can I get my will notarized? 

Notaries are commonly found at financial institutions like banks, real estate agencies, and other entities that handle legal paperwork. Just as one may opt for online will writing services, they may opt to have will notarization done online for convenience, and online and mobile notaries are additionally available. Ensure that you get a licensed notary.

How to get a will notarized with LegalPen? 

To get a will notarized with LegalPen, kindly ensure that you have the following:

1. A complete well-prepared will; and
2. Valid identification documents for yourself and your witness;

Feel free to organize a convenient time and place to notarize the will. A notarial certificate that specifies the date, place, and nature of the signing, as well as the names and signatures of the parties involved, will be prepared, and a notary’s official seal will be attached.

Do notarization of will differ by state? 

Yes, the notarization of will vary by state. For example, Colorado and North Dakota are the only states where testators can have their wills notarized rather than witnessed. Further, only Louisiana requires that a will be notarized. Even though notarization laws vary from one state to another, a will notarized in one state is usually recognized in another.

Can You Be a Notary in a State You Don’t Live In?

Yes, it is possible to become a notary in multiple states, but this is an unusual process. Some states allow you to apply for a notary commission even if you are not a resident, though many states require you to be a resident to earn a notary commission. Specific rules depend on the state’s regulations regarding notary appointments.

How to Notarize a Document in Two Different States

Though the document notary must be present within the state they are commissioned to notarize, the signer(s) can notarize from multiple states using Remote Online Notarization (RON). This process allows the signers to participate remotely from different states while the notary remains within their authorized jurisdiction, ensuring the document is legally notarized. For assistance with remote notarization or any questions related to multi-state notarization processes, you can contact LegalPen for expert guidance.

Does a will have to be notarized or just witnessed? 

No. A will need not be notarized; it can just be witnessed. The only state that requires a notarized will is Louisiana. In other states, a will is legally binding if it is executed by the testator in front of witnesses void of notarization. State laws governing will execution differ; in many states, it is required that the will be attested by two impartial individuals who are not included as beneficiaries in the will, while other states require the presence of three witnesses. The witnesses verify that you were mentally capable and made the choice voluntarily, without being subjected to compulsion.

Do I retain the original signed and notarized will? 

Yes, you retain the original signed and notarized will. It is prudent to keep it safe, free from damage or destruction, but accessible to your executors when the time comes. You may keep your will at home, with your attorney, or in a safe deposit box; whichever method you choose, ensure the will is secure and accessible to your executors upon your death. Where your will cannot be located, the court often regards it as though you never had one, and your estate is distributed per intestacy rules particular to your state. The local probate court will make all decisions.

What happens if a will is not notarized? 

When a will is not notarized but properly written in any other state except Louisiana, it remains legally enforceable. However, in the event of a dispute, if the will is not notarized, the witnesses will be required to appear in court and provide testimony affirming that the testator was mentally competent and free from any undue influence at the time of signing the will.

Can I type my own will up and have it notarized at the courthouse? 

Yes, you can type your own will and have it notarized at the courthouse. Ensure you have a valid will before presenting it to the notary. A valid will should:

1. Be Titled “Last Will and Testament”
2. Have your identification details, e.g., full legal name, address, Social Security Number
3. State that you are of sound mind and memory at the time of making the will
4. State that you are making the will voluntarily, free from any duress or undue influence
5. State that you are of legal age to create the will
6. State that you possess complete consciousness and comprehension of the essence of the document and its consequences
7. Revoke any previous will(s)
8. Name your executor in their full legal name
9. Identify your beneficiaries (full legal name)
10. Identify your assets and who will inherit them
11. State any other wishes you want to be observed
12. Have a provision for your signature, your witnesses’ signatures, and the notary public’s
13. Have a date for when the signatures were made

Once you have the will, please take it to the notary at your local courthouse and sign it before the notary and your witnesses. Remember to carry your identification documents and those of your witnesses to verify your identities at the notary.

If a person writes their own will and has it notarized, is it final and legally binding, or can it be contested? 

When a person writes their own will and has it notarized, it is final and legally binding, but it must have been correctly written to avoid being contested. Adhering diligently to the laws set by your state will guarantee that your will is appropriately drafted and notarized per the legal prerequisites of your state, ensuring that your ultimate desires are respected by having a binding will. It is advisable to enlist the help of an attorney to help with the will writing to avoid having an improperly written will. At LegalPen, we offer the best online will writing services. 

Does a Notarized Will Hold Up in Court?

Yes, a notarized will can hold up in court, but notarization is not required for a will to be valid in most states, except in Louisiana. Simply signing your will in the presence of witnesses according to your state’s laws is usually enough. However, in many states, you have the option to make your will “self-proving” by notarizing a self-proving affidavit, which can streamline the probate process and reduce the chance of the will being contested.

Does a Holographic Will Need to Be Notarized?

No, a holographic will does not need to be notarized. Holographic wills, which are handwritten and signed by the testator, do not require notarization or witnesses to be considered valid in the states that recognize them. However, certain conditions must be met for the will to be accepted in court, such as the testator’s handwriting and signature being clearly identified.

Does a Notarized Will Need to Be Probated?

No, a notarized will does not need to be probated. While the witnesses must attest that the document is the will of the person who signed it and initial every page, a notarized will can bypass the need for probate in some states, especially if it includes a self-proving affidavit. However, probate may still be required in certain situations, depending on state laws and the complexity of the estate.

What Kind of Documents Need to Be Notarized?

1. Wills (in some states, particularly if self-proving)
2. Power of Attorney documents
3. Real estate deeds and transfers
4. Loan agreements
5. Affidavits
6. Trust documents
7. Contracts (in specific cases)
8. Prenuptial agreements
9. Mortgage documents
10. Adoption paperwork
11. Divorce settlement agreements
12. Living wills and healthcare directives
13. Business partnership agreements
14. Bill of sale for vehicles or property
15. Consent forms for minor travel or medical decisions
16. Court-related documents, such as sworn statements or declarations

Do Banks Notarize Documents for Free?

Yes, banks often notarize documents for free if you are a customer. However, if you are not a customer of the bank, you should not expect free notary services. In such cases, the bank may charge around $15–$20 per document for notarization.

Can the Post Office Notarize?

No, the US Post Office does not notarize documents. Post office employees are federal government workers and do not have the authority to provide state-level services such as document notarization. For notarization services, you must visit a state-authorized notary public.

Can I write my own will and have it notarized in Florida? 

Yes, you can write your own will and have it notarized in Florida. In Florida, for a handwritten will to be considered legal, it must have the signature of the testator and the signatures of two witnesses.

Can I write my own will and have it notarized in North Carolina? 

Yes, you can write your own will and have it notarized in North Carolina. The state of North Carolina acknowledges the legality of testaments made by hand. For a will to be valid in North Carolina, it must be in writing and meet specific legal standards, i.e.:

1. Completely penned by the testator;
2. Signed by the testator or his name written in his handwriting on the will and
3. Discovered after the testator’s death among his precious documents or possessions or in a secure location.

Can I write my own will and have it notarized in New York? 

Yes, you can write your own will and have it notarized in New York. New York state law acknowledges the validity of handwritten wills, but only under three specified circumstances. The will can only be considered legally binding if it is created by:

1. An individual currently serving in the military or naval forces;
2. A civil servant accompanying the military or naval service in war or armed conflict or
3. A person who works as a mariner while at sea.