General Discussion

Ms. Toad

(38,890 posts)

34. Depends on the state - but in some states a notarized will (that is not also witnessed)

Sat Mar 21, 2020, 06:10 PM

Mar 2020

Last edited Sat Mar 21, 2020, 09:53 PM - Edit history (1)

would not be valid, since generally two signatures are required and a notary is only one.

Most states requires two witnesses who are 18 or older - unless you hand-wrote it and you live in a state that recognizes holographic wills (approximately half of them - with specific restrictions in many, it will most likely need to be witnessed

A notary, alone, works in Colorado or N. Dakota (per the quick search I did), but otherwise you need the required number of witnesses (generally two).

I'm not aware of any state in which a notary is preferred.

(I am a lawyer, and teach students to analyze wills questions on the bar exam - so the generalities above are drawn from that body of knowledge. Each state has its own laws - check with an attorney)

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What is the best way to draw up a will right now? [View all] CountAllVotes Mar 2020 OP

Interested to read response. underpants Mar 2020 #1

We need one too brokephibroke Mar 2020 #2

I was... Alacritous Crier Mar 2020 #3

Quickly. gibraltar72 Mar 2020 #4

+100000000 Celerity Mar 2020 #5

I've been looking into this one coolsimo Mar 2020 #6

In most states, wills do NOT need to be notarized Ms. Toad Mar 2020 #28

Thanks for that info. nt coolsimo Mar 2020 #44

very interested too AlexSFCA Mar 2020 #7

there are mobile notary publics -- they come to your location diva77 Mar 2020 #8

Check with your insurance agents, accountant and banks for notaries. Patterson Mar 2020 #46

Can you get it notarized online? meadowlander Mar 2020 #9

Check with your state law. Ms. Toad Mar 2020 #29

Crossed my mind too. dem4decades Mar 2020 #10

Most banks still have drive-through services, and they usually have notaries. The Velveteen Ocelot Mar 2020 #11

Contact Veterans for America. haele Mar 2020 #12

I went through this recently RoadRunner Mar 2020 #13

Depends on the state - but in some states a notarized will (that is not also witnessed) Ms. Toad Mar 2020 #34

My bank has a notary for its customers. Mariana Mar 2020 #53

Which is great, as long as people realize they need witnesses. Ms. Toad Mar 2020 #55

get it notarized onethatcares Mar 2020 #38

no need to notarize. can u donate all to a local church or non profit? nt msongs Mar 2020 #14

I have a friend who donated his estate to Planned Parenthood when he died several years ago.... Hekate Mar 2020 #32

It's very important that you have a medical directive and decide now what you want Pachamama Mar 2020 #15

I have DNR's for both of us CountAllVotes Mar 2020 #23

I did a pre pay plan too and onethatcares Mar 2020 #41

Depending on where you are ... Lars39 Mar 2020 #16

"holographic wills" are legal in many states rampartc Mar 2020 #17

I cannot go outside CountAllVotes Mar 2020 #24

Two witnesses, that is the problem CountAllVotes Mar 2020 #25

Phone two friends or trusted neighbors and do the signing on your front porch. Insert papers into... Hekate Mar 2020 #35

Do you have anyone who can come to the door? Ms. Toad Mar 2020 #36

If you have a will that might be contested... RealityChik Mar 2020 #18

Thanks for info about getting a valid will! bobbieinok Mar 2020 #19

Unless you have a very complicated estate Chainfire Mar 2020 #20

My general approach to things to. Plus if no one complains, you're good. Hoyt Mar 2020 #52

If you have assets that you don't want to be assigned to family members because you die mnhtnbb Mar 2020 #21

Great advice! CountAllVotes Mar 2020 #54

I consulted with an attorney friend remotely using zoom Demonaut Mar 2020 #22

The will does not generally need to be notarized. Ms. Toad Mar 2020 #37

I think this situation will push the demand Demonaut Mar 2020 #39

Yup. Ms. Toad Mar 2020 #43

I wrote mine up handmade34 Mar 2020 #26

In my state, handwritten wills are perfectly legal even without notary. dawg day Mar 2020 #27

First - notaries are not magic. Wills generally don't need to be notarized Ms. Toad Mar 2020 #40

An important note about witnesses csziggy Mar 2020 #59

Yup. n/t Ms. Toad Mar 2020 #61

Will read all responses. We also have no current will & it haunts me... Hekate Mar 2020 #30

You do not have to have a notary in California lettucebe Mar 2020 #31

Unless the will is handwritten (pen and paper) Ms. Toad Mar 2020 #42

Thank you so much for your very kind offer CountAllVotes Mar 2020 #50

Here's another fill-in-the-blank style lettucebe Mar 2020 #33

My Mothers will was handwritten, and neither notarized or witnessed miyazaki Mar 2020 #45

This is very good to know CountAllVotes Mar 2020 #49

Thank you everyone that replied CountAllVotes Mar 2020 #47

Thanks for asking this question. sl8 Mar 2020 #48

+1 - Good question. -nt CrispyQ Mar 2020 #51

Find a local attorney that does that type of work. Blue_true Mar 2020 #56

Did two this week for myself Strelnikov_ Mar 2020 #57

Before I could afford a lawyer to write a will, I used Quicken WillMaker csziggy Mar 2020 #58

There is at least one DUer who is an attorney who might could help csziggy Mar 2020 #60

LegalContracts.com (Free with trial membership) flibbitygiblets Mar 2020 #62