Do I need to get my last will and testament notorized?

Question Details: Married, no children. Leaving everything to husband. The deed is in my name only. I purchased house when my Mom passed away. If I don't have will notorized, and I die, could my "problem" sister cause a big mess? Or is just haveing witnesses enough?

Asked 10/21/2009 under Wills, Trusts, Probate | 442 View(s) | More Legal Topics

Are you an attorney? Sign up to answer this question.

Wills, Trusts, Probate Law Answers

Your Will need only be witnessed; not notarized.  However, it you have a self-proving affidavit, that must be notarized.  This affidavit does away with the need to locate the witnesses at such time as the Will is entered into probate.  It's a good idea to have one; it will make things easier and save on expenses if the witnesses need to be tracked down.

Note:  The number of witnesses to a Will varies among jurisdictions; sometimes it's two and sometimes it's three.  Just be sure to comply with your state's requirements as to this.

As for the deed to your house, if you add your husband's name on it with your as "joint tenants with right of survivorship", there will be no need for it to go through probate; your husband will take title to the house by operation of law.

To be sure of all of legal rights under state law, you should consult with an attorney in your area on all of this.

Related Wills, Trusts, Probate Questions

Didn't find your answer? Ask.

  Top Ranking Attorneys

Sign Up Today! Are you a lawyer?
Want to be featured here?
Sign up for a free profile and get started today! Click Here

More Questions Like This...

AttorneyPages.com