Should my will be notorized or just witnessed?

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Should my will be notorized or just witnessed?

Asked on January 4, 2013 under Estate Planning, Colorado

Answers:

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

Answered 11 years ago | Contributor

A Will need only be witnessed not notarized. However, it you have what is called 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.  Hving one is a good idea; it make things easier and saves on expenses if the witnesses have to be tracked down.

Note: The number of witnesses to a Will varies from state-to-state; sometimes it's 2 and sometimes it's 3. Just be sure to comply with your jurisdiction's requirements.


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