Does a deed have to be notorized?

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Does a deed have to be notorized?

Can a deed with witnesses stand in court in AL or does it have to be notorized?

Asked on August 22, 2019 under Estate Planning, Alabama

Answers:

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

Answered 2 years ago | Contributor

Your Will need only be witnessed, not notarized. However, if you have a "self-proving affidavit", that must be notarized. This affidavit does away with the need to locate the witnesses at the time that the Will is entered into probate. It's a good idea to have one as it makes things easier and saves on expenses if the witnesses do in fact have to be tracked down. It should be noted that the number of witnesses to a Will varies among jurisdictions. Sometimes it's 2 and sometimes it's 3. Just be sure to comply with your state's requirements.

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

Answered 2 years ago | Contributor

Your Will need only be witnessed, not notarized. However, if you have a "self-proving affidavit", that must be notarized. This affidavit does away with the need to locate the witnesses at the time that the Will is entered into probate. It's a good idea to have one as it makes things easier and saves on expenses if the witnesses do in fact have to be tracked down. It should be noted that the number of witnesses to a Will varies among jurisdictions. Sometimes it's 2 and sometimes it's 3. Just be sure to comply with your state's requirements.


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