Never answer any questions related to legal advice. You should decline to notarize a will, if the testator asks you questions about what can and cannot be in a will. An improperly drafted will that has been notarized could be challenged in court and be declared null and void. However, clients may use a notarized self-proving affidavit that will make their will easier to get through probate, which is the official proving of a will after death.Īs a notary, you must be cautious when asked to notarize a will. Not all states require that a will be notarized. The signer, in addition to being competent and of sound mind, must fully understand what is in the will and what is being signed.The signer must be personally known to you or produce appropriate state-approved identification.The signer (testator) must be present and competent to execute the will.Names guardians for children and the property they inheritĪs a notary, you may notarize a will, whether prepared by an attorney or not, provided that the required conditions are met:.Decides how debts and taxes will be paid.This could include, but is not limited to, burial instructions, asset distribution and how the estate should be dissolved. The court is responsible for ensuring the final wishes of the deceased are carried out in an appropriate manner, which is normally specified within the will. It is normally read in a court of law after the death of the individual who wrote the will.

Notarizing a Will J/ Notary Association of AmericaĪ will is a legal document stating final wishes of an individual, also known as a testator.

Does a will have to be notarized kansas