In the United States, the role of a notary in relation to a last will and testament (often called a will) can vary depending on your state's specific laws. Here's a breakdown:
Notarization Requirement:
Not all states require a will to be notarized to be valid.
Some states allow it as an option but don't mandate it.
A few states might invalidate a will if it's notarized when not necessary.
Benefits of Notarization (Self-Proving Affidavit):
Even if not required, notarization can offer some advantages.
In many states, a will can be made "self-proving" through a notarized affidavit.
This affidavit verifies the testator's (the person writing the will) identity and sanity and that the will was signed willingly.
A self-proving will expedite the probate process (court validation of the will) by eliminating the need to locate and question witnesses.
Key Points to Remember:
Check your state's laws: Research your specific state's requirements for will execution. State government websites or legal information resources can be helpful.