Updated 7-6-18. If asked to notarize a will, what form do I use and do I require a witness? — S.M., California
In notarizing any document, a non-attorney Notary should never advise the customer on the type of notarial act, or whether the signer needs witnesses. To do so would be the unauthorized practice of law. You may notarize a will if the signer chooses the notarial act, the testator is following the advice of an attorney or if notarial wording is provided. The signer’s attorney also should provide legal advice about any requirement for witnesses as well.
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
Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained NNA Hotline counselors to help you with all of your notarial questions. Call 1-888-876-0827, Monday through Friday, 5 a.m. to 7 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST.