Key Takeaways
- In most states, a will does not need to be notarized to be legally valid; it needs your signature and, usually, two witnesses.
- A notary matters when you add a self-proving affidavit, which lets the court accept the will without contacting your witnesses.
- A few states, such as Colorado, let a notary’s acknowledgment take the place of witnesses, and Louisiana generally requires a notary for a standard will.
- Notarizing a will doesn’t make it more valid if the witness requirements weren’t met.
- Powers of attorney are different: they usually do need a notary.
The short answer
For most people in most states, no. What makes a typed will valid is that you sign it in front of the required number of witnesses (usually two) and they sign too. A notary stamp on its own doesn’t replace those witnesses, and a properly witnessed will doesn’t become invalid because it lacks one.
So why do people notarize wills?
Because of the self-proving affidavit. This is a short sworn statement, signed by you and your witnesses in front of a notary, saying the will was signed properly. When the will goes to probate, the court can usually accept it on the strength of that affidavit instead of asking your witnesses to testify or sign statements years later, when they may have moved or died. See what is a self-proving affidavit.
Witnesses vs. notary
| Witnesses | Notary public | |
|---|---|---|
| Role | Watch you sign and confirm you appeared willing and of sound mind | Verifies identities and administers an oath |
| Required for a will? | Yes, in most states (usually 2) | Usually no, except in a few states |
| Required for a self-proving affidavit? | Yes, they sign it too | Yes |
| Required for a power of attorney? | In some states | Usually yes |
| Cost | Usually free | Often free at banks; small fee elsewhere |
State exceptions worth knowing
- Louisiana: the standard form of will, a “notarial testament,” is signed before a notary and two witnesses.
- Colorado: a will can be valid with two witnesses or with an acknowledgment before a notary.
- Handwritten wills: in states that accept them, a will written and signed in your own handwriting may need neither witnesses nor a notary. See is a handwritten will valid.
Because rules change and details matter, check the current requirements for your state before you sign.
What about other documents?
Your will is the exception, not the rule. Financial powers of attorney are usually notarized so banks and county recorders will accept them, and many health care powers of attorney and living wills require either witnesses or a notary. See power of attorney explained and what is a living will.
Frequently asked questions
In most states, yes, as long as it was signed by you and the required witnesses. A notary is mainly needed if you want to add a self-proving affidavit.
Not on its own. If your state requires two witnesses and the will only has a notary stamp, it may not be valid, except in states like Colorado that accept a notary’s acknowledgment instead.
Some states allow it and some don’t. To be safe, use two witnesses plus a separate notary.
Banks and credit unions often notarize for customers at no charge. Shipping stores, law offices and online notary services, where allowed, are other options.
In many states, yes. You and your witnesses can sign a self-proving affidavit later in front of a notary, though it’s easiest to do it at the same time you sign the will.
Keep reading
- How to Sign, Store and Update Your Legal DocumentsA will or power of attorney only works if it's signed correctly, kept where people can find it and kept current. Learn the rules for witnesses, notaries, storage and updates.
- How Many Witnesses Do You Need for a Will?Most states require two adult witnesses for a will. Learn who can and can't be a witness, what witnesses actually do, and how to avoid mistakes that can invalidate a gift.
- Is a Handwritten Will Valid? Holographic Wills ExplainedAbout half of U.S. states accept handwritten (holographic) wills without witnesses. Learn the requirements, the risks, and why a witnessed will is usually the safer choice.
- What Is a Self-Proving Affidavit for a Will?A self-proving affidavit is a notarized statement signed with your will that lets the probate court accept it without contacting your witnesses. Here's how it works.
- Remote Online Notarization: Can You Notarize Documents Online?Most states now allow remote online notarization over live video. Learn how it works, which documents can be notarized online, and the extra rules for wills.
- Where to Keep Your Will and Estate Planning DocumentsYour original will needs to be safe and easy to find. Compare home safes, safe deposit boxes, attorneys and court filing, and learn where to keep powers of attorney and health documents.
- How Often Should You Update Your Estate Plan?Review your will, powers of attorney and beneficiaries every three to five years and after major life events. Here's what to check and how to make changes the right way.
Don’t leave your family guessing
Put your health care wishes in writing with a living will, HIPAA release and medical authorization. The No Brainer Box adds a last will, a revocable trust and health care and financial powers of attorney.
- Answer a few simple questions online
- Download your completed, ready-to-sign forms
- Sign them and keep copies in your account
This guide is general educational information written by the No Brainer Forms Team. It is not legal advice, and No Brainer Forms is not a law firm. Laws and signing requirements vary by state; for advice about your situation, talk to a licensed attorney in your state.