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Can I advise signers about the witness requirements for a will?

Photo of woman with long dark hair on phone. She is looking at papers in her hand. Text on image reads NNA Hotline Tip.

I've been asked to notarize a Last Will & Testament and Transfer on Death Deed for a husband and wife. Can the witnesses they've chosen for the document be a married couple?P.G., Texas

This is not a question you, as a Notary, can answer. Notaries cannot offer legal advice of any kind unless they are the customer’s attorney. It would be best to tell them they need to consult an attorney to answer their question.

Please see our page on notarizing wills for additional information.

Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors

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