Saturday, 3 January 2015

Can a notary notarize a will and be one of the two witnesses, or do I have to have two witnesses other than the notary?

Question

Can a notary notarize a will and be one of the two witnesses, or do I have to have two witnesses other than the notary?



Answer

Wills don't get notarized. A self-proving affidavit in a will prepared by an attorney gets notarized. Hire a lawyer. You would not perform surgery on yourself. What makes you think your property will pass in accordance with your wishes in a self-prepared will?



Answer

Since it is the signatures of the witnesses on the self proving affidavit that gets notarized, the Notary cannot be a witness. A Notary cannot notarize his or her own signature. I strongly urge you to have an attorney draft and supervise the execution of the Will.



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