Legal Question in Wills and Trusts in California
Notarization of a Will
I am being informed that notarizing a will in California makes it invalid and that the notary does not know what ''seal'' the will is referring to on the last page because notarizing it makes it an invalid document. While working at a brokerage firm, I was not allowed to accept wills here in California unless they were notarized. Please advise if wills are not supposed to be notarized in the state of California. Thank you.
2 Answers from Attorneys
Re: Notarization of a Will
As explained by my colleague, Mr. Johnson, a will must be signed by two witnesses in California to make it valid. Notarization is not required. I would imagine that "Seal" was placed on the will in question as part of the standard notary form--it is common in form books to include "[Seal]" to indicate where the notary is supposed to place his/her stamp/seal. This is not a "will seal."
Re: Notarization of a Will
Notarization will not make the will invalid, but it is not required in California. Instead, California law requires the will-maker's signature be witnessed by at least two people who then sign their names as witnesses on the will.
I've never had a will notarized, but it wouldn't hurt where the identity of the will-maker or witnesses could be questioned later.
A will that is notarized but not witnessed is not valid in California.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
