Dear Judy,
Help! Does a Last Will have to be notarized to be legal? Does it need witnesses?
Sandy
Dear Sandy,
The answer to the first question is:
It all depends on the state in which you live. In many states wills do not have to be notarized to be legally binding.
However — and it’s a big however — no matter where you live, I’d advise you to get your Will notarized. For one thing, in the event the 2 or more witnesses to your Will cannot be found on your death, at least a notary’s signature indicates the validity of those witnesses.
And yes to Question 2: you will definitely need witnesses when you draft your Will. At least 2 — and do make sure that these witnesses aren’t the beneficiaries of any part of your estate. They are supposed to be completely impartial and unbiased witnesses to your Will.
And finally: in the event you can’t afford an attorney, do make certain you get a decent draft of a Will to fill out. Plenty of online services offer such Wills at nominal fees.
Thank you for writing
Judy
