Does a Last Will Have to Be Notarized?

April 8, 2025 - Jane Armstrong

Understanding the Basics of Creating a Legally Binding Will

Creating a last will and testament is one of the most thoughtful steps you can take to protect your loved ones and ensure your wishes are honored. But as you sit down to plan, you may wonder, “Does my will need to be notarized to be legally binding?” The answer largely depends on your state laws, but it's an important question with significant implications for the validity and ease of your will's execution.

This blog will explore whether notarization is required for a last will, the difference between notarization and witnessing, and how to ensure your will is legally valid and enforceable. By the end, you'll have a clearer understanding of the process and feel confident in your next steps.

What Makes a Will Legally Valid?

Before tackling notarization, it’s crucial to understand the basic requirements for creating a last will. While laws can vary by state, most legal systems in the United States require the following:

A Clear Title: The document must be labeled as a “Last Will and Testament.”
Sound Intent: You must declare that the document represents your final wishes.
Capacity: You must be an adult with the mental capacity to make decisions at the time of writing your own will.
Signatures: Your own will must include your signature and the signatures of at least two witnesses.
Witness Requirements: Witnesses must be adults (typically at least 18 years old) and should not be beneficiaries of the will.

These steps ensure that your will is enforceable, reducing the risk of disputes during the probate process.

Does a Will Need to Be Notarized to Be Legally Binding?

The Short Answer

The short answer? No, your will doesn’t need to be notarized to be legally binding—unless you live in Louisiana. In most states, witness signatures on legal documents are enough to meet state laws. That said, adding a notarization can provide extra security and peace of mind. Fun fact: Louisiana is the only state that actually requires notarization for wills. If you’re anywhere else, it’s optional. So, while it won’t hurt to get it notarized, it’s not a must!

The Role of Notarization

Notarization involves a notary public verifying your identity and acknowledging that you signed the will and all legal documents voluntarily. While notarization is not mandatory in most cases, some states do require it for specific wills or additional documents like self-proving affidavits (we’ll cover these shortly).

Even when not legally required, notarization can make your will easier to process during probate. It acts as an additional layer of proof that your will is legitimate and was signed willingly by all parties involved.

What is a Notarized Self-Proving Affidavit?

A self-proving affidavit is a notarized document that accompanies your will. It is signed by your witnesses in the presence of a notary, who confirms the identity and competency of everyone involved in signing the document.

When a will is submitted to probate court after someone passes away, the court typically requires witnesses to confirm the will’s authenticity. This can delay the process, especially if a witness has passed away or is difficult to reach. A self-proving affidavit eliminates this step by “proving” the will’s legally binding in advance, allowing the court to skip contacting the witnesses and speeding up probate proceedings.

While a self-proving affidavit has clear benefits, it’s an optional addition. Your will is still valid without one. That said, this document is allowed in every state except Ohio and Washington, D.C.

Witnesses vs. Notaries: What’s the Difference?

Here’s where things can get a little confusing. You may wonder if witnesses are interchangeable with notarization. They’re not. Both play distinct roles in validating your will:

Witnesses are required in all states to confirm the authenticity of your signature and verify that you created the will voluntarily.
Notaries are optional in most states but add an extra step to verify the document's legitimacy. A notarized will with a self-proving affidavit is more likely to streamline the probate process.

It’s important to check the specific requirements of your state as you prepare your will.

Advantages of Notarizing Your Will

Now that you understand the basics, let's explore why notarizing your will could be the right choice:

Simplifies Probate: A notarized will often speeds up the probate process. With a self-proving affidavit, probate courts don’t need to contact witnesses to confirm there's a legally valid will.
Reduces Legal Challenges: Notarization provides an extra safeguard against claims that your will is invalid or forged, protecting your estate from disputes.
Peace of Mind for Loved Ones: Knowing that your will is properly signed, witnessed, and notarized can offer comfort to your family during a challenging time.
Future-Friendly: Some states are starting to legalize eNotarization (electronic notarization), making it easier to handle legal paperwork online. This trend is particularly useful as more processes go digital.

While notarization isn't a legal requirement, it adds credibility and clarity to your will, ensuring your final wishes are honored with less hassle.

How to Get Your Will Notarized

Worried about notarization being a hassle or having to pay an expensive estate planning attorney? It’s easier than you might think. Here’s where you can find a notary:

Local Banks and Post Offices: Many banks and post offices offer notary services to the public. Call ahead to confirm availability.
Real Estate or Legal Offices: Some law firms, estate planning attorneys, and even real estate agencies have on-staff notaries available for their clients.
Mobile Notaries: Prefer getting it done from the comfort of home? A mobile notary public can visit your location at a time convenient to you.
Online Notary Services: Thanks to advances in technology (and changing laws), eNotary platforms are making it possible to notarize your documents online. Check if your state allows eNotarizations for wills.
BetterEstate: BetterEstate includes notarization services and ensures your will meets all legal requirements with minimal effort as part of our estate planning services. So no need to find a notary public on your own!

Wherever you go, ensure the notary understands the unique requirements of notarizing a will, including witness signatures that may also need to be notarized.

What Happens If You Don’t Notarize Your Will?

If your will isn’t notarized, don’t panic! Even without notarization you will still have a legally valid will in most cases as long as it’s properly signed and witnessed. However, keep in mind:

Your executor may need to present witnesses during probate to validate the will.
Probate could take longer, introducing additional stress and expenses for your loved ones.

Notarizing your will is a smart step in your estate planning process, if you want to avoid these potential drawbacks. Plus, in Louisiana, notarization is required for a legally valid will to be legally valid, so be sure to check your state’s specific requirements, or chat with our digital Estate Planning Assistant for free to get answers to any estate planning questions.

Start your Estate Planning Journey Today

Preparing your last will and testament is one of the simplest yet most powerful ways to protect your legacy. While notarization isn’t required in all cases, it’s an extra step that can save time, money, and stress for those managing your estate.

Whether you're creating a will for the first time or updating an existing one, BetterEstate makes the process easy, affordable, and ensures your will meets all legal requirements. With guided steps and expert-reviewed templates to ensure legal compliance, you can create a legally valid will, add notarization, and enjoy peace of mind knowing your wishes will be respected. Alternatively you can of course also seek legal advice from an experienced estate planning attorney.

Start building your will with BetterEstate today and ensure your future is secure.