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April 15, 2013

Who can notarize a Will?

Filed under: (4) Documents — Tags: , , , — admin @ 12:23 am

Who can notarize a Will?

Any notary can notarize a Will. However, many Attorneys advise against notarizing a Will unless you have written instructions from an Attorney.

We actually heard of a case, where a notary was pulled into court after notarizing a Will. The daughter of the signer was upset, because she was not given enough money in the Will, and decided to sue the notary. The notary was in a state that didn’t require journals, so she didn’t have much evidence to support the fact that the Will was legally notarized.

Be careful and think twice before notarizing a Will. There are consequences to many people when a Will is signed. It is a very critical document — perhaps even more critical in many cases than a Power of Attorney or even a Grant Deed.

You might also like:

Notarizing documents for the elderly

Power of Attorney Signings

FAQ for people who need to hire a notary



  1. NY state law requires an attorney to notarize the signature of the person the will is for. A NY notary can notarize (if not an attorney) only the witnesses.

    Comment by Kenneth Edelstein — April 20, 2013 @ 12:39 am

  2. My state does not require a journal, but I don’t notarize without it. Why would anyone perform such an important act, and not keep track for future reference.

    Comment by Michael J Brudenell — April 20, 2013 @ 4:22 pm

  3. I agree and we try to avoid notarizing these after a proper discussion with the potential client.

    Comment by Rula — April 20, 2013 @ 6:44 pm

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