If a Will hasn’t been notarized, is it legal?

no

Asked on July 16, 2017 under Estate Planning, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A Will need not be notarized, although it must be be witnessed. The number of witnesses to a Will is typically 2 (but in a few jurisdictions it's 3). AS long as the Will is properly witnessed and the testator (i.e. maker) is an adult of sound mind, than it is valid. That having been said, if someone has what something known as a "self-proving affidavit", then it must be notarized. Such an affidavit does away with the need to locate the witnesses when the Will is filed with the probate court.


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