Do Wills Need to Be Notarized?
Anyone who has made the effort to create a will certainly wants to be sure it will stand up in court when necessary. Consequently, looking at what makes a will legal is an important step in the process. It is important to note that not all states have exactly the same requirements.
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A Holographic Will
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Some states (about half) allow holographic, or handwritten, wills. The only requirement is that they be completely handwritten, signed and dated by the person creating the will--the testator. Unfortunately, these wills are also the easiest to contest, so they should not be used except in an absolute emergency. Obviously, in these situations, a notary is not necessary.
Two or Three Witnesses
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If you are planning to create a will, it should be typed and then signed and dated in front of two witnesses. The signatures should be on the last page. Each witness verifies not only the testator's signature but each other's signature as well. These wills are legal in most states except Vermont which requires three witnesses. Louisiana requires the will to be notarized and signed on every page.
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Get it Notarized
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Even though it is not absolutely necessary to get the will notarized (except in Louisiana) it is still recommended because when it comes time to probate your will the witnesses will have to show up in court and testify that they witnessed your signature and that you were of sound mind. This can be a problem if your estate can't locate the witnesses or if they have predeceased you. But if you have them sign a "self-proving" affidavit and have the affidavit and the will notarized, they will not have to appear in court to testify, which makes the whole process much easier.
Who Can Be a Witness
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Anyone over 18 years of age can be a witness, but most states prohibit someone with a vested interest in the will from being a witness. This would include anyone mentioned in the will, such as a beneficiary or executor. This is designed to prevent anyone from exerting an undue influence over the person making the will.
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References
- Photo Credit series object on white: isolated - Signature image by Aleksandr Ugorenkov from Fotolia.com
