Where to Get a Will Notarized: Practical Guidance
Creating a will is only part of the process. Once the document is prepared, many people ask, “Where can I get my will notarized?” The answer depends on the state where the will is being executed and on what the notarization is intended to accomplish.
In many states, a notary does not replace the witnesses required for a valid will. Instead, notarization may be used for a self-proving affidavit, which can make it easier to establish the will’s proper execution during probate.
That distinction matters. A person can have a properly notarized document that still does not satisfy the state’s requirements for a valid will if the required witnesses or other formalities were not followed.
Do You Have to Notarize a Will?
Not necessarily.
Will-execution requirements are determined primarily by state law. Some states require witnesses to sign the will but do not require notarization for the will itself. Other states allow a will to become “self-proved” through a notarized affidavit signed by the testator and witnesses.
For example, Florida law requires a written will to be signed by the testator and witnessed by at least two people who sign in the presence of the testator and each other. Florida law separately allows a will to be made self-proved through the acknowledgment of the testator and affidavits of the witnesses before an authorized officer.
California provides another example. Its courts explain that an attested will can be self-proving when the witnesses’ attestation contains the required statement under penalty of perjury. A holographic will, by contrast, does not have to be signed before witnesses or notarized under California law.
So, before searching for a notary, determine what your state’s law requires and whether the document includes a self-proving affidavit.
Where to Get a Will Notarized
If your will or self-proving affidavit needs notarization, there are several places to look.
1. A Local Bank or Credit Union
Banks and credit unions sometimes offer notary services to customers.
This can be convenient if you already have an account with the institution. However, not every branch has a notary available every day, and some institutions limit which documents they will notarize.
Before visiting, call the branch and ask:
- Whether a notary is available
- Whether an appointment is required
- Whether the notary will handle a will or self-proving affidavit
- Whether witnesses must be present
- What identification is accepted
- Whether there is a fee
- Whether the notary requires all signers to appear at the same time
Do not assume that a bank notary will automatically notarize a will.
2. A Law Firm or Estate Planning Attorney
An estate planning lawyer can be particularly useful when the will needs witnesses, a self-proving affidavit, or other execution formalities.
This option may cost more than a basic notary appointment, but it can provide an opportunity to have the execution process reviewed rather than simply having a signature notarized.
This distinction is important because a notary generally verifies the circumstances required for the notarization. A notary is not automatically acting as your lawyer or determining whether your estate plan accomplishes your goals.
For a straightforward will, you may only need notarial services. For a complicated estate, an attorney may be appropriate.
3. A Dedicated Notary Public
Independent notaries and mobile notaries are another option.
A mobile notary may travel to your home, office, hospital, assisted-living facility, or another permitted location. This can be useful when several people need to sign documents together.
When contacting a notary, explain that you need a will-related notarization. Ask whether the notary can handle the particular affidavit or acknowledgment included with your will.
This is important because notaries may have limitations concerning wills and documents requiring witnesses.
For example, the New York County Clerk’s Office states that its notary department does not notarize wills, trusts, deeds, or documents that require witnesses. It also explains that the person whose signature is being notarized must appear before the notary and sign in the notary’s presence.
That illustrates why calling ahead is better than simply arriving with a completed will.
4. A Notary at a Shipping or Business-Service Location
Some shipping and business-service locations offer notary services.
These locations can be convenient for ordinary notarized documents, but availability and policies vary. A location may have a notary but still decline to notarize a particular will-related document.
Before making an appointment, ask specifically about:
- Wills
- Self-proving affidavits
- Witness requirements
- Identification
- Whether the notary can notarize all signatures involved
5. A Mobile Notary at Your Location
A mobile notary can be helpful when transportation is difficult or when the signing involves several participants.
If your state’s will procedure requires witnesses to sign at the same time, coordinate the appointment so the testator, required witnesses, and notary are present as required by the applicable law.
Do not assume that a notary can correct a problem with the will after everyone has signed. The signing ceremony should be organized correctly from the beginning.
6. An Online Notary
An online will notary may be available where state law permits remote online notarization.
Remote notarization laws vary by state, and the fact that a state permits online notarization does not automatically mean that every type of will can be executed remotely under the same procedure.
The National Association of Secretaries of State reports that 47 states and the District of Columbia have laws allowing remote electronic notarization, although requirements and procedures vary.
Some states also have specific rules for electronic wills. Florida, for example, provides statutory procedures for electronic wills and allows certain witnessing and notarization requirements to be completed using qualifying audio-video technology and online notarization.
If you choose an online will notary, confirm that the service is authorized for your state and that it supports the exact type of document you are signing.
What Is a Self-Proving Affidavit?
A self-proving affidavit is a sworn statement associated with a will.
Typically, the testator and witnesses confirm before an authorized officer, often a notary, that the will was properly executed. The affidavit is then attached to or associated with the will according to state requirements.
The purpose is generally to simplify the process of proving the will after the testator dies.
For example, Texas law provides for a self-proving affidavit made by the testator and attesting witnesses before an officer authorized to administer oaths. The statute also requires the affidavit to be attached or annexed to the will.
Texas also permits simultaneous execution, attestation, and self-proving before an authorized officer under specified statutory procedures.
Florida similarly permits a will to be made self-proved through the testator’s acknowledgment and the witnesses’ affidavits before an officer authorized to administer oaths.
The practical benefit is that the estate may have an easier time establishing the formal execution of the will during probate.
Florida law, for example, provides that a properly executed self-proving affidavit may establish prima facie formal execution and attestation in a will contest proceeding.
Is a Notary the Same as a Will Witness?
No.
A notary and a witness perform different functions.
A witness generally observes the execution of the will and signs as an attesting witness when required by state law.
A notary performs a notarial act, such as taking an acknowledgment or administering an oath, and records the required details according to applicable notary law.
One person may sometimes have more than one role where state law permits it, but you should not assume that a notary automatically counts as one of your required will witnesses.
This is one of the most common mistakes people make when completing online or do-it-yourself estate documents.
If your state requires two witnesses and a self-proving affidavit, you may need both the witnesses and the notary during the signing appointment.
What Should You Bring to a Will Notary Appointment?
If you have confirmed that notarization is appropriate, prepare before the appointment.
You may need:
The Original Will
Bring the complete document that you intend to execute.
Do not bring only selected pages unless the instructions specifically tell you to do so.
The Self-Proving Affidavit
If your state uses a self-proving affidavit, bring the correct form or the affidavit included with your estate-planning documents.
Do not substitute an ordinary affidavit or generic notarization page unless it satisfies the applicable requirements.
Government-Issued Identification
A notary normally needs to establish your identity according to applicable notary law.
A driver’s license, state identification card, passport, or another accepted form of identification may be required.
Requirements vary by jurisdiction.
Required Witnesses
If witnesses are required, arrange them before the appointment.
Do not wait until you arrive at the notary’s office to discover that witnesses are necessary.
It is also wise to determine whether your state places restrictions on who may serve as a witness. Even where an interested witness does not automatically invalidate a will, using independent witnesses can avoid unnecessary questions.
Everyone at the Same Time
Where the applicable execution procedure requires simultaneous presence, schedule the signing accordingly.
Do not sign the will privately and then ask witnesses or a notary to sign it later unless the applicable law specifically permits that procedure.
Can You Notarize a Will After You Have Signed It?
Sometimes, but do not assume that this will solve an execution problem.
A notary generally cannot turn an improperly executed will into a valid will simply by adding a notarial seal.
If your state requires a self-proving affidavit, the affidavit may be completed after the will has already been executed in some circumstances. For example, Florida law expressly allows a will to be made self-proved at the time of execution or at a later date.
Texas law likewise permits a self-proving affidavit to be completed at the time of execution or later during the lifetime of the testator and witnesses, subject to the statutory requirements.
However, these rules do not mean that every state follows the same procedure.
If you have already signed a will and later discover that notarization or a self-proving affidavit is missing, check the law of the state governing the will before adding documents or signing again.
What If the Notary Refuses to Notarize Your Will?
Do not simply sign the document somewhere else and assume the problem is solved.
First, ask why the notary is refusing the document.
Possible reasons include:
- The notary’s employer prohibits notarizing wills.
- The document requires witnesses who are not present.
- The notarial certificate is incomplete.
- The signer lacks acceptable identification.
- The document is not suitable for the particular notarial act.
- State law imposes requirements that have not been satisfied.
- The notary is not authorized to perform the requested type of remote notarization.
You can contact another qualified notary, but if there is uncertainty about the execution requirements, consider asking an estate-planning attorney to review the signing process.
Common Mistakes When Getting a Will Notarized
Assuming Every Will Must Be Notarized
Notarization is not universally required for a will.
The relevant state law determines the formalities.
Thinking the Notary Replaces Witnesses
A notary’s seal does not automatically replace required witnesses.
The two roles should be treated separately unless state law specifically provides otherwise.
Signing Before the Appointment
Some notarial acts require the signer to appear before the notary and acknowledge a signature or sign in the notary’s presence. New York Courts, for example, state that a document cannot be notarized there if it was signed beforehand.
Follow the instructions for your particular notarial act.
Using the Wrong Affidavit
A self-proving affidavit is not necessarily the same as a generic affidavit.
Use the form and wording required by the applicable state law or your estate-planning professional.
Forgetting the Witnesses
If witnesses are required, finding a notary is only part of the process.
Arrange the witnesses before the signing appointment.
Treating the Notary as an Estate-Planning Lawyer
A notary generally does not determine whether your beneficiaries, executor, guardianship provisions, or distribution instructions are appropriate.
Notarization and legal advice are different services.
How to Find a Will Notary Near You
If you need a notary, start by searching for:
- “notary public near me”
- “mobile notary near me”
- “will notary near me”
- “estate planning notary”
- “self-proving affidavit notary”
Then contact the provider before scheduling the appointment.
A simple phone call can confirm whether the notary handles wills, whether witnesses are required, and what identification or paperwork you need.
If you are using an online service, verify that it is legally permitted to perform the required notarial act in your state.
What If You Are Actually Trying to Find an Existing Will?
“Where to get a will notarized” and “how to find a will” are two different questions.
If someone has already died and you are trying to locate their will, the first places to check may include:
- The deceased person’s home or safe
- A safe-deposit box, where legally accessible
- An estate-planning attorney’s records
- A trusted family member or executor
- A digital estate-planning account
- Other secure locations identified by the deceased
Whether a will is filed or recorded before death also depends on state law. A notarized will is not necessarily stored in a public online database.
If you are trying to look up a will after someone has died, the probate court handling the estate may eventually have the will in its records, depending on whether and when it was submitted for probate.
A notarization itself does not mean that the will has been filed with a court.
Practical Checklist Before You Notarize a Will
Before making the appointment, confirm these points:
- I know the state law that applies to my will.
- I know whether witnesses are required.
- I know whether a self-proving affidavit is available or recommended.
- I have the correct will and any required affidavit.
- I have acceptable government-issued identification.
- I have arranged the required witnesses.
- I confirmed that the notary handles will-related documents.
- I asked whether everyone must appear together.
- I confirmed the notary’s fee and appointment requirements.
- I will follow the state’s signing and notarization procedure exactly.
- I will store the completed original safely after execution.
Frequently Asked Questions
Where is the easiest place to get a will notarized?
A bank, credit union, independent notary, mobile notary, law office, or authorized online notary may be convenient options. However, availability and policies vary, so confirm beforehand that the provider handles wills or self-proving affidavits.
Can a bank notarize my will?
Some banks provide notary services, but a particular branch may not notarize wills or documents requiring witnesses. Call the branch before your appointment.
Can I get a will notarized online?
Possibly. Many states authorize remote online notarization, but the rules differ by jurisdiction. NASS reports that 47 states and the District of Columbia have laws allowing remote electronic notarization, with state-specific requirements.
Do witnesses have to be present when a will is notarized?
It depends on the state’s will-execution and self-proving requirements. If witnesses are required, notarization generally does not eliminate their role.
Does notarizing a will make it legal?
Not by itself. A notary’s seal does not automatically make a will valid. The will must satisfy the applicable state’s requirements for execution, witnessing, testamentary capacity, and other formalities.
Can I notarize a will without witnesses?
Only if the applicable state law allows the particular type of will or execution method without witnesses. Do not assume that notarization can substitute for witnesses.
Can a mobile notary come to my house?
Many mobile notaries offer appointments at permitted locations. Ask whether they handle wills and whether they can accommodate the witnesses and other participants required for your signing.
Where can I get a copy of a will?
If the person is still alive, the will may be held by that person, an attorney, a safe-deposit arrangement, or another private location. After death, a will may become part of a probate court record when it is submitted for probate. The procedure for obtaining a copy depends on the jurisdiction and the stage of the estate.
Final Takeaway
If you are searching for where to get a will notarized, the practical answer is to look for a qualified local notary, mobile notary, law office, bank or credit union, or an authorized online notary service—but first confirm that the provider handles wills and that the procedure complies with your state’s law.
The most important point is that notarization and will execution are not the same thing. A notary may be involved in a self-proving affidavit, while witnesses may still be required to execute the will itself.
Before signing, identify the requirements that apply in your state, gather the correct documents and witnesses, and arrange the signing so every required step is completed correctly. A properly completed self-proving affidavit can also simplify the later probate process in jurisdictions that recognize it. Florida and Texas, for example, expressly provide statutory procedures for self-proving wills.
If the estate is complex, the will involves unusual assets or beneficiaries, or you are uncertain about the execution requirements, professional estate-planning advice can help prevent a technical mistake from creating problems later.
Legal Information Disclaimer: This article provides general educational information and is not legal advice. Will and notarization requirements vary by state and can change. For advice about your specific circumstances, consult a qualified attorney licensed in the applicable jurisdiction.
