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Notary Bulletin

When Can A Notary Notarize A Will?

By NNA Staff on July 03, 2018 in Hotline Tips

New Hotline Resized 3Can I notarize a will? — A.B., Florida

If the will requires notarization, yes, you may notarize it provided all requirements for notarization are met. These include:

  • The document signer must be present and competent to execute the document.
  • The signer must be personally known to you or produce appropriate identification.
  • The document must have a notarial certificate or the document signer must direct you to add one.


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.

7 Comments

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Susan Cochran

09 Jul 2018

I recently had a couple present a dual, temporary, Will for signing. It was a typed document that appointed an executor for 7 days while they were on vacation on a flight. It expired at the end of their trip. I had never seen a "dual" will, with both husband and wife signing, or a temporary Will. Is this legal in the state of Indiana?

National Notary Association

09 Jul 2018

Hello. We're sorry, but we can't answer whether a type of will is legal in a particular state or not. That question would need to be answered by a qualified attorney.

Rebecca Hines

09 Jul 2018

Another important qualification: The notary must not be named a beneficiary of the will. If he /she is, they cannot notarize the document.

Catherine Rodriguez

11 Jul 2018

I have been asked to Notarize a Irrevocable Trust. The women is my neice said she is applying for VA benefits for her Dad, my brother. Two witnesses are required. Her sister and son are the witnesses. Is there anything Needed. I know that the two witnesses need proper ID's in which they said they have. Is there anything I should look for or ask?

National Notary Association

11 Jul 2018

Hi Katherine. In order for us to answer any questions about notarizing this document, can you please let us know what state you are commissioned in so we can provide you with the correct information for your state? Thanks.

Mason

12 Jul 2018

Is it required to notarize each witness signature on a self-proving last will and testament in Texas? Trying to find out if my fathers will is valid as the notary and two witnesses were all UPS employees. The notary watched them sign and then stamped once near my fathers signature.

National Notary Association

13 Jul 2018

Hi Mason. We're sorry, but those are legal questions we are unable to answer. You would need to contact an attorney for help to determine if a last will and testament is valid.

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