Posted by NewPhoenix on 10/15/09 2:23pm
Msg #307504

I've been asked to Notarize...

a Will here in Ohio. Should not be different than any other signing, right? I just never have done one before. Is there anything I should know about? PAW, anyone?

Reply by Roger_OH on 10/15/09 2:31pm
Msg #307505

The signature on last wills in Ohio are WITNESSED, not notarized, by at least two witnesses who also provide their printed name and address beneath their signatures.

You can notarize the witnesses signatures if requested, but not of the will signer.

Now, if you're talking about a LIVING will, then that's a different animal. For those, two witnesses OR a notarization is OK.

Reply by John/CT on 10/15/09 3:43pm
Msg #307510

"You can notarize the witnesses signatures if requested ..."

The Last Will a & Testaments I have seen contain a Self-Proving Addidavit, wherein the witnesses make certain statements regarding the signer of the Will. The witness signatures are notarized.

Reply by Roger_OH on 10/15/09 7:14pm
Msg #307534

We haven't progressed that far here;

since witness signatures can be notarized on the will, but aren't required to be.

Reply by MikeC/NY on 10/15/09 9:41pm
Msg #307543

Re: "You can notarize the witnesses signatures if requested ..."

"The Last Will a & Testaments I have seen contain a Self-Proving Addidavit, wherein the witnesses make certain statements regarding the signer of the Will. The witness signatures are notarized."

That's how it works here in NY also - a notarized self-proving affidavit avoids the need to track down the witnesses at probate. The testator's signature on the will itself is not notarized - only the signatures of the witnesses, and only on the self-proving affidavit.

Other states may have other rules, but based on what I've read I think notarizing the signatures on the will itself is a no-no in most states.

Reply by Lee/AR on 10/15/09 11:23pm
Msg #307557

Arkansas is the same as the Big Apple n/m

Reply by PAW on 10/16/09 7:21am
Msg #307559

Re: "You can notarize the witnesses signatures if requested ..."

Testator signatures AND witnesses signatures are notarized all the time in Florida. Actually, I can't remember notarizing a Will where the testator signature wasn't notarized.

For Florida information: http://notaries.dos.state.fl.us/education/faq/will.html

Reply by MistarellaFL on 10/16/09 8:43am
Msg #307560

Re: "You can notarize the witnesses signatures if requested ..."

Ditto that, Paul.

Reply by Cari on 10/15/09 2:31pm
Msg #307506

do you know your state laws regarding Will notarizations?

Find out first before you notarize these. Very tricky.

Reply by Gary Boehm on 10/15/09 4:52pm
Msg #307522

So far...

Thanks for your help everyone. She has told me:

"I have a Last Will and Testament, a Living Will Declaration, and a Health Care Power of Attorney, all of which I want notarized. I also have witnesses available. I understand that having the signatures on the Last Will and Testament notarized makes proving the will easier on the executor."

I requested and she has also told me the witnesses will have photo ID's which I also asked that they have copies of that I will keep in my records.

I have been researching and I haven't found in Ohio law where it says how to notarize different types of wills and what is required. Just like when I started doing car titles - I went in to the local Clerk's office and asked if there was a booklet or something that would tell me how to do it and answer any questions I might have? Their answer was, "Uh... no.".

Reply by Sylvia_FL on 10/15/09 5:12pm
Msg #307525

Re: So far...

"I understand that having the signatures on the Last Will and Testament notarized makes proving the will easier on the executor"

makes it self-proving. When the testator (or testratix) dies, and the estate is going through probate, if the witnesses signatures are notarized it will be unnecessary for the witnesses to appear in court to testify to the validity of the will (if it is being challenged).

Reply by Gary Boehm on 10/15/09 5:58pm
Msg #307528

Re: So far...

Oh that sounds very practical. You mean a law actually makes sense for once?

Reply by Sylvia_FL on 10/15/09 6:26pm
Msg #307531

Re: So far...

"You mean a law actually makes sense for once"

Occasionally some make sense

Reply by MikeC/NY on 10/15/09 10:04pm
Msg #307547

Here's one for you...

A couple of years ago, I had to obtain a copy of a will from probate court. Testator was an attorney who I knew personally. Everything was in order until I got to the self proving affidavit. It was properly signed by the witnesses, but there was a small problem with the notarizations:

The attorney (testator) had notarized the signatures of the witnesses to his own will. Apparently, they didn't teach Notary 101 in whatever law school he went to...

Reply by Jim/AL on 10/16/09 10:08am
Msg #307567

That is a good one Mike. Lawyer not knowing laws. n/m

Reply by JanetK_CA on 10/15/09 7:52pm
Msg #307536

Re: So far...

Does your state require you to keep copies of the witnesses ID? That's not something I'd feel comfortable about having in MY files... but I know every state is different.