What is a Last Will and Testament? A Complete Guide to Notarizing Your Will 

What is a Last Will and Testament?

A Last Will and Testament is a foundational estate planning document that communicates your final wishes regarding your assets, dependents, and estate after you pass away. The person creating the will is legally referred to as the "Testator."

Without a will, your state's laws will dictate how your property is divided and who takes care of your minor children—a process that can be long, expensive, and stressful for your surviving loved ones.

The 4 Key Components of a Standard Will

While every estate is unique, a well-drafted will typically includes these core elements:

• The Executor: The trusted individual you appoint to manage your estate, pay off your final debts, and ensure your wishes are carried out exactly as written.

• The Beneficiaries: The people, charities, or organizations designated to receive your property, funds, or specific items.

• Guardianship Designations: If you have minor children, this dictates who will take legal custody and care for them.

• The Bequests: The actual distribution instructions for your assets (e.g., real estate, bank accounts, family heirlooms).

Why Does a Last Will and Testament Need to Be Notarized?

Here is one of the most common misconceptions in estate planning: In most states, the will itself does not actually require a notary to be legally valid—it usually only requires the signatures of the Testator and two witnesses.

So why hire a Notary? To execute a "Self-Proving Affidavit."

A Self-Proving Affidavit is a separate page attached to the end of your will. It is a sworn statement, signed by the Testator and the witnesses in front of a Notary Public, swearing under penalty of perjury that they willingly signed the will.

If you do not have a notarized Self-Proving Affidavit, the probate court will have to track down your original witnesses years or decades later to testify that they saw you sign the document. If those witnesses have moved or passed away, the will could be contested or delayed. Notarizing the affidavit bypasses this massive legal hurdle.

The Ultimate Will Notary Checklist: What to Bring

Executing a will is a formal process. To ensure your document holds up in court, have the following ready before the Notary arrives:

• The Unsigned Document: The Testator and the witnesses must wait to sign the will and the affidavit until they are in the physical presence of the Notary Public.

• Valid Government-Issued IDs: The Testator and all witnesses must present unexpired, government-issued photo identification (such as a Driver's License or US Passport).

• Impartial Witnesses: You generally need two witnesses. They must be "disinterested," meaning they are absolutely not named as beneficiaries in the will. Using a spouse or child who inherits property as a witness can invalidate the document.

• Clear Mental Capacity: The Testator must be fully alert, aware of what they are signing, and free from any outside pressure or coercion.

Top 3 Mistakes to Avoid When Notarizing a Will

1. Using the Notary as a Witness: While a few states allow a Notary to also serve as one of the witnesses, it is highly discouraged and often legally problematic. Always provide your own separate, impartial witnesses.

2. Making Last-Minute Handwritten Edits: Crossing out names or writing new terms in the margins right before signing can severely complicate the probate process. If changes need to be made, the document should be formally re-drafted.

3. Hiding the Original Copy: A notarized will does no good if no one can find it. Store the original in a fireproof safe or safety deposit box, and ensure your Executor knows exactly how to access it.