Legal Question in Wills and Trusts in New York

Re: Do wills have to be notarized

No, It must be witnessed by at least two subscribing witnesses.

What generally gets notarized is an affidavit prepared by the attorney supervising the execution of the will setting forth what was done and signed by the Teatator and the subscribing witnesses.

The affidavit allows the will to be "self-proving" and admitted to prabate without delay in most instances.

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

Re: Do wills have to be notarized

Arnold is correct. You should be aware that if the self-proving affidavit (this requires special language to be acceptable to the Surrogate) is not completed at the time of signing the Will and attached to it, the Will can only be probated if one of the witnesses actually appears at the Surrogate's office to verify the proper execution or is available somewhere that an Affidavit can be obtained from the witness. I have had Wills declined to be probated when a witness could not be located to verify all procedures were properly followed. I suggest you have an attorney assist you in preparing the Will, so all proper and required procedures are followed, to avoid the possibility the Will might not be able to be probated. Contact me directly if you need any help.

Re: Do wills have to be notarized

Wills need not be notarized but if self-authenticating affidavits (which must be notarized) are not attached to the will you may have some difficulty prving the validity of the will at the time of probate.

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Re: Do wills have to be notarized

The law has specific requirements to 'authenticate' a will.

In the past, a will could be hand-written; but those days are gone. Now it must be witnessed by at least 2 persons.

It is best to get a statement from the attorney of record regarding the witnesses to avoid problems in the future.