Question 1: Do I need to have a notary sign my Will?
A public notary is a state official who can official recognize signatures and administer oaths. Because of this official capacity, some people believe that having a notary sign your will means that the Will becomes legal. This is not true. No state requires you to notarize your Will, and doing so will not by itself make the will of valid document.
Question 2: If I don’t need a notary, what do I need?
In order to create a valid Will you, the testator, must sign your Will after you create it. You must also do so in the presence of two witnesses and have the witnesses sign the document as well. You must be a competent adult at the time of signing Will, as do the witnesses.
Question 3: What about a self-proving Will?
A self-proving Will is one that is accompanied by an additional document known as an affidavit. An affidavit is a sworn statement that is signed and notarized. When the Will is accompanied by an affidavit from the witnesses stating that they signed the Will and witnessed the testator signing the Will, this is known as a self-proving Will. With the self-proving Will, the probate court judge will not have to call the witnesses to testify that they saw testator sign the will because the affidavit will serve as the sworn statement from the witnesses.
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