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Does a Will Need to be notarized? It is really necessary!

Home » Does a will need to be notarized? It is necessary!
Published: Feb 01, 2022
Does a Will Need to be notarized?

Perish the thought in advance, Seriously! We don’t even want to imagine this situation.

Yet, Death is a god’s truth! It is not something you, us, or anyone can deny or put a hammer away to stop. We have to accept it!

We don’t want to sound so Dismal!

But it is what it is! Take it or leave it. Therefore, it is a realistic and more intelligent approach to prepare in advance for a situation like this.

Being a family’s guardian angel, you will do your best to ensure that your family has enough funds and assets to live a comfortable life in your absence.

Excellent Plan! Trust us; you are along the right lines!

Despite all this, have you ever thought of writing a trust or a will?

If you do not declare the rightful heir through a legal document, then your property will be of no use to your loved ones (as considered authentic in the eyes of the law)!

So, here is the question;” What should I Do?” ” What do I need to sign my will?” or “Does a will need to be notarized?”

Well, o well, we are here to answer your questions and leave you with complete information at the end of this blog.

So, Let’s Dive in!

To Start with, plan a Will ceremony.

No, you won’t need to host an event where you invite people and make a big announcement about your rightful heir.

Try to understand the intention behind this. The ceremony is not mandatory; however, it’s better if all the people you think need to be aware of your decision to avoid future conflicts and confusion are present.

Make sure that you are well mindful and have decided who will handle your assets after you. After that, list out all the essential information in the proper and most detailed way possible on a paper. To be more precise, read, reread and go through the document twice and thrice.
See, now a will can be a holographic one or a printed one. Confused; about what is a holographic will?

A holographic Will is a more kind of Old school approach, where the testator writes the Will with their own hands on a piece of paper and pen. In the Will, the testator mentions all the details regarding their property and whom they find fit to be its owner after the testator’s death. Here the Testator word demonstrates the person who signs the Will. Now, holographic wills are legal in very few states. Even the National Notary Association finds it as a waste. Hence, most states demand well printed and typed Will, which also requires the approval and signature of two or more witnesses.

Puzzled?

Witnesses, What’s the use, and where to find one?

A witness is a person who will watch and verify you while you are signing the Will. Some state law demands two witnesses, and some may ask for more. You should confirm what the requirements of your state regarding witness criteria are.

If you are looking for witnesses, then let us tell you not everyone can be your witness. There are some requirements for a witness, which are listed as;

Will Notary - Document signed
  • Firstly, the witness needs to be at least 18 years old. The person below eighteen is never regarded as a suitable person to witness a will.
  • Secondly, the witness needs to be an unbiased and disinterested person regarding the intention of Will.
  • Thirdly, if the person knows you, then it’s best, as the witness needs to confirm that the testator (that, in this case, is you) is in sound mind and testamentary capability for making the decisions of the Will willingly. Only a person who knows you can examine well whether you are in the right mental state to decide about your Will.
  • Lastly, confirm with your witness if they are ready to appear in court if; the authenticity of Will is challenged or needs to be established in the future.

In case you are unable to find your own witnesses. You can sign the Will in a lawyer’s office, and they can arrange witnesses for you too.

It’s natural to have a question like, Is it enough?

Or, Does a will have to be notarized?

If yes, Who can notarized a will?

Well, like every other document, Notarization needs a Notary Public.

However, it is not necessary for all the states.

Most of the states consider a signing to be authentic if done in the presence of witnesses. However, some states ask to add one more layers of protection to level up the genuineness of the document. For that very reason, states ask to attach a “self-approving affidavit” attested by a notary public along with your Will document.

Here, a self-approving affidavit is a document in which the notary public makes sure that the individuals acting as a witness in Will Signing are 18+, residents of the testator’s state, aware of the intention of the Will, and acting as a witness of the Will with their wish. Once the witness swears for all these, the notary notarizes the Will.

Necessary or not, Notarizing “Will” is always a more intelligent choice. As in the future, witnesses won’t need to appear in court during the probate as a notarized Will has already confirmed the authenticity of the “Will”. Therefore, Notarization is essential because it;

  • Saves Time,
  • Saves Money,
  • Adds a protective layer,
  • Eliminates the unnecessary hassles in the future.

When you attach a self-proving affidavit with a will, your Will becomes a self-proving will.
Now, if you are thinking;

Also Read: What Documents Need To Be Notarized? Read to know!

Our Notarization Process

1. Fill up the online application with your details.

2. Upload Your Documents

3. Get Approved and Receive your Documents On Your Email.

Where to get a will witnessed and Notarized?

We at Lotta legal can help you get your will notarized through our easy-to-use portal. Although there are many traditional notary publics in the market, we recommend you opt for Remote Online Notarization as it is a secure, modernized and more accessible approach.

No need for Office walk-ins. We will connect you, the witnesses, and a notary public over an audio-video call and complete the notarization of your will in a matter of time.

So, What are you waiting for? It’s good to make a will for your family’s secure future. Get in done with Lotta Legal, Today!

Last Updated: April 25, 2022
Jasper Becky

Jasper Becky

Author

Jasper Becky is a Famous legal writer. She was a notary public herself; at the same time, she loved writing and wrote some great pieces all along with her career as a notary. A few years back, she switched to full-time writing. Being a notary public in the past, she has excellent knowledge and has a nice grasp regarding laws and rules in America. She is a wife and mother of two girls plus one cute dog. She likes to spend time with her family and cook for them. 

2 Comments
  1. Oliver

    What is the legal process to prove that a will is valid?

    Reply
    • Liam

      A will is considered legally valid if it is notarized by a notary public. Lottalegal provides online notary services which allow the clients to get any of the documents notarized including their will. Use this online notary service to get your will notarized and make it legally valid.

      Reply
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