Posted by Linda/IL on 2/4/12 2:09pm
Msg #410874

wills

got a call to notorize a will, there are 2 witnesses required. Can I be a witness and notary? can I bring my own witnesses since they don't have any?

Reply by Shoshana/AZ on 2/4/12 2:15pm
Msg #410876

Depends upon your state law. In AZ, the notary cannot also be a witness.

Reply by Linda_H/FL on 2/4/12 2:21pm
Msg #410879

Also depends on what's being notarized

if the witnesses' signatures are being notarized (the self-proving affidavit) then no you can't.

It's usually up to the signers to provide their own witnesses. However, if they absolutely, positively can't provide them, I will but there IS an additional fee - my witnesses are not free.

Reply by Sylvia_FL on 2/4/12 2:33pm
Msg #410881

Re: Also depends on what's being notarized

Also on the wills I have notarized the witnesses have had to state they know the testator (testratrix) and that he/she is of sound mind.

Reply by Linda Juenger on 2/4/12 2:54pm
Msg #410884

Linda Here is a link to read.

http://www.nolo.com/legal-encyclopedia/illinois-make-will-31882.html

Reply by BrendaTx on 2/4/12 6:09pm
Msg #410898

Re: Linda Here is a link to read.

"Do I need to have my will notarized?
No, in Illinois, you do not need to notarize your will to make it legal.
However, Illinois allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.
To make your will self-proving you and your witnesses will go to the notary and sign an affidavit that proves who you are and that each of you knew you were signing the will."


If the will has witness lines and if the witnesses names are referenced in the notary's cert, you can't be a witness.

Reply by CopperheadVA on 2/4/12 5:04pm
Msg #410893

Here in VA, the signatures of the witnesses are typically notarized on the self-proving affidavit. I as the notary would not be able to act as a witness since I cannot notarize my own signature. Not sure if it's the same for you in IL as far as the witness signatures being notarized with a will, but my guess is that you cannot act as a witness. I agree with others that the witnesses should be paid a fee if you are providing witnesses.