What happens if a Will is not notarized?
One of the critical parts of the estate plan is the last will. The last testament includes all the instructions from the testator. But what happens if a will is not notarized?
The last will and testament is an essential document that tells people who will inherit your assets and estate. The will’s validity would be assessed in the probate court before a judge.
And you don’t want your loved ones to find your will is invalid. The best way to ensure the will’s validity is by getting a notary public to notarize the document.
So, can you just write a will and get it notarized? If not, then who can notarize documents? And what are the things to keep in mind for the court to ensure you have a valid will? We’ll discuss everything in this article to give you a better idea.
Does a Will have to be notarized?
A valid will is one of the important documents when it comes to estate planning. Most importantly, you don’t need to hire attorneys to prepare one. While you don’t necessarily need to notarize a will, you should write it properly.
Also, there should be at least two witnesses for the count to consider the will as a valid legal document. However, if you want to alleviate the probate process and want to make the process easy for your loved ones after you pass away.
Moreover, notarizing a document isn’t too costly since it costs only around $20 to $30.
Valid Will and the role of self-proving Affidavit
So, what do you need to make your will a notarized document? You need to add a self-proving affidavit that needs to be notarized to the last will page.
Apart from the self-proving affidavit, you also need to have two witnesses who sign the document. Next, the notary public is responsible for attesting to their signatures’ veracity and the signatories’ sound minds.
The self-proving affidavit will increase the will’s authenticity, ensuring that your family doesn’t find themselves in a legal battle. The cost of notarizing a document is less than your family’s pay for a legal battle.
Apart from that, there will be fewer complications in case of disinterested witnesses. One thing to note is that state laws differ when notarizing the will. If you’re writing the will by yourself, it might not be secure in every state.
Some states require witness signs as well as their physical presence in the court during the probate process. For instance, the District of Ohio and Columbia require witnesses to appear in court even if the will includes a notarized self-proving affidavit.
Moreover, Vermont only requires you to sign the will in front of a notary public for it to be self-proving. On the other hand, Texas, Indiana, and Illinois require you to include a legal clause as an alternative to the additional document to consider it self-proving.
So, to answer the question, notarizing a will depends on the state you’re living in. The basic requirements would vary from state to state. You can discuss with your attorney to have a better idea about the state law to own free will.
Why is it Important to notarize a Will?
Notarization of the will is critical if you want to ensure that there are no issues for your family members after your death. The notarized document will verify that you’re signing the document.
Therefore, the primary goal of notarizing a document is to ensure there is no fraud or identity theft. It will prevent any other person from presenting a forged document.
Notarized documents, which a notary public certifies, protect citizens’ rights. It also saves them from court proceedings and going through various processes. Let’s go over some other benefits you can get from notarizing a will.
Benefits of notarizing a Will
Some documents don’t require a notary to notarize them. However, a few documents are legally mandatory for a public notary to sign. If you don’t notarize them, they might not be legally valid.
Therefore, it could lead to the rejection of such documents in court. You can also have handwritten wills, which you can get checked by an attorney to ensure everything is okay.
Also, the notary seal must be 5 cm in compliance with Rule 12 of the Notary Rules, 1956. It will prove the person signing the document is authentic.
Additionally, a notary seal in a document confirms that the signatures on the will are from a real person, and there is no fabrication.
Who can notarize a Will?
There are many people and institutions that can help you notarize a document. Most commonly, people take the services of an attorney or a lawyer to help notarize the will.
Apart from a lawyer or attorney, you can also take the services of the following institutions to notarize the documents.
Some employees of the banks are notaries, so you can walk into a bank and take their services. But you need to go within the working hours for notarizing wills through banks
Town or County Clerk’s Offices:
The public records offices also have a notary that can help you with the documents that need to be notarization However, you need to check with the public office to ensure that the notary is available.
Other institutions such as real estate offices, office supply stores, check cashing stores, and accounting firms can help you notarize your will.
How to notarize a Will?
Having a valid and legal will is necessary to ensure that there are no issues after your death. The signature from the witness is the most important thing you need to keep in mind.
But how can you notarize a will? Today, you don’t have to run after a lawyer or an attorney to notarize a document. Online notary forms are the most convenient way to get a legally binding will.
These platforms have a proper notary stamp to verify the witnesses’ sign so you can have a valid document. Generally, all states today allow you to sign and notarize a deal online. Here is the step-by-step process:
- Start your free 14-day trial.
- Set a timeframe to notarize your document
- The notary will send the invitation email
- Check the email attachment and start the session
- Submit all the documents
- Complete the identification section
- Add the signs of the witnesses
- Sign the documents virtually
- The notary will review the documents and attach the seal
- Download the notarized will
Notarize a Will online with PandaDoc Notary
Notarizing your will is vital since the deceased person cannot help their loved ones during conflicts about the will. So, it is important to notarize your documents to ensure there are no issues. And you don’t have to go through the hassle of finding a lawyer or attorney since you can notarize them online.
With the right platform, such as the online PandaDoc Notary, notarizing your will is more than easy. You can validate the witness’s sign and notarize them in the same in-person manner.
The platform helps you find an online notary agent without any hassle and helps you notarize the documents quickly. So, what are you waiting for? Notarize your documents today with the Online PandaDoc Notary services!