Admissibility of foreign notarization of Massachusetts self-proving affidavit attached to will.

UPDATED: Jul 4, 2009

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Admissibility of foreign notarization of Massachusetts self-proving affidavit attached to will.

Living abroad far from U.S. Consulate, I can only obtain a notarization on the Massachusetts self-proving affidavit from a local, non-U.S. notary. Does the Massachusetts law, Massachusetts General Laws, Part III, Title II, Ch. 233, Sec. 73 (, mean that this foreign notarization will be sufficient validation for the affidavit?

Asked on July 4, 2009 under Estate Planning, Massachusetts


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

Answered 13 years ago | Contributor

Thank you, you found it.  Based on my reading, yes a foreign affidavit would suffice for a self-proving affidavit.  Best of luck.
 Chapter 233: Section 73. Foreign oaths and affidavits
 Section 73. All oaths and affidavits administered or taken by a notary public, duly commissioned and qualified by authority of any other state or government, within the jurisdiction for which he is commissioned, and certified under his official seal, shall be as effectual in this commonwealth as if administered or taken and certified by a justice of the peace therein.

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