Do Wills Need to Be Notarized?
7 min read
The short answer: usually no. A will is valid in most states with just the testator's signature and two witnesses. But notarization makes everything smoother — especially when it's time for probate. Here's the full picture.
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Notarized vs. Witnessed Wills: What's the Difference?
A witnessed will is signed by the testator and two disinterested witnesses. This is the legal minimum in 49 states (Louisiana requires notarization). The will is valid, but during probate, witnesses may need to appear in court to confirm they watched the signing.
A notarized will includes a self-proving affidavit — a notarized statement where the testator and witnesses swear the will was signed voluntarily. This eliminates the need for witnesses to testify in court, which speeds up probate significantly.
What Is a Self-Proving Affidavit?
A self-proving affidavit is a one-page document attached to the end of your will. It's signed by the testator and both witnesses in front of a notary public. The notary certifies that everyone appeared in person, showed identification, and signed voluntarily.
Every state except California, Maryland, Vermont, and the District of Columbia recognizes self-proving affidavits. In California, the will itself can include self-proving language under Probate Code Section 8220, achieving a similar effect.
State-by-State Will Notarization Requirements
| State | Required? | Self-Proving Affidavit |
|---|---|---|
| California | No | Not standard; built into will form under PC 8220 |
| Texas | No | Yes — strongly recommended, saves probate time |
| Illinois | No | Yes — available and recommended |
How to Get Your Will Notarized
The process is straightforward but requires coordination:
- Prepare your will (with an attorney or using a legal template)
- Find two disinterested witnesses (not beneficiaries or their spouses)
- Schedule a notary appointment — all parties must be present simultaneously
- Bring valid photo ID for the testator and both witnesses
- Do NOT sign the will or affidavit until the notary is present
- The notary administers an oath, everyone signs, and the notary notarizes
A mobile notary is often the best option — they come to you, which makes it easier to coordinate schedules with your witnesses. Most mobile notaries handle will notarizations regularly and can guide you through the process.
Other Estate Planning Documents That Need Notarization
- Power of attorney — Almost always requires notarization
- Living trusts — Must be notarized in most states
- Deeds and property transfers — Always notarized
- Advance healthcare directives — Varies by state (notarization or witnesses)
Frequently Asked Questions
Does a will need to be notarized to be valid?
In most states, a will does not need to be notarized to be legally valid — it only needs to be signed by the testator and witnessed by two people. However, adding a notarized self-proving affidavit makes probate significantly easier and faster. Louisiana is the only state that requires notarization for a will to be valid.
What is a self-proving affidavit for a will?
A self-proving affidavit is a notarized statement attached to a will where the testator and witnesses swear under oath that they signed the will voluntarily. It allows the will to be admitted to probate without requiring witnesses to testify in court, saving time and legal fees.
How much does it cost to notarize a will?
Notarizing a will typically costs $6–$15 per signature depending on your state. A self-proving affidavit usually requires 3 signatures (testator + 2 witnesses), so expect $18–$45 in notary fees. Mobile notary travel fees are an additional $25–$75.
Can a notary witness a will?
In most states, a notary can serve as one of the witnesses to a will, as long as they are not a beneficiary. However, some states have restrictions. Check your state's rules — or bring your own witnesses to be safe. The notary's primary role is to notarize the self-proving affidavit, not to witness the will itself.
Should I get my will notarized even if it's not required?
Yes. A notarized self-proving affidavit attached to your will eliminates the need for witnesses to appear in probate court. This can save your heirs weeks of delays and hundreds in legal fees. It costs under $50 and takes 10 minutes — well worth the peace of mind.
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