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After you sign

Do I need to notarize my will?

In most states a will doesn't have to be notarized to be valid — but a notarized self-proving affidavit makes probate much easier. Here's the difference.

4 min read·Self-help education only, not legal advice

The short answer

In most states, a will does not need to be notarized to be legally valid — witnesses, not a notary, make a will valid. What is widely recommended is attaching a notarized self-proving affidavit. It's optional in most places, but it makes the probate process significantly smoother.

Witnesses vs. notary

These do two different jobs. Witnesses observe you sign and attest that you appeared competent and un-coerced — that's what makes the will valid. A notary's role is limited to the self-proving affidavit: a sworn statement that streamlines probate. Notarizing a will without witnesses does not, in most states, make it valid.

A small number of states handle this differently, and some now allow a notarized will as an alternative to witnesses. Your state's page notes which rule applies where you live.

Why bother with the affidavit

Without a self-proving affidavit, when your will is submitted to probate the court may need to locate your witnesses to confirm the signing. Years later, that can be hard — witnesses move, lose touch, or pass away. The affidavit removes that step by proving the signing up front, so it's almost always worth including.

Other documents are different

While wills usually don't require notarization, many financial powers of attorney do, and some healthcare directives can be notarized as an alternative to witnesses. Each document type has its own rules, and they vary by state. Estateur includes the correct signing and notarization instructions for each document in your plan.

This article is educational, not legal advice. Estateur is a self-help document preparation service, not a law firm. The information here reflects general principles and, where noted, Illinois law as of the publication date. Laws change; consult a licensed attorney in your state for advice specific to your situation.

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