Posted by reba on 5/6/12 1:54pm
Msg #420076

Notarization of a will

As mentioned in a post of mine earlier this week, I had never dealt with a request to notarize a will. My question is to some of the more experienced-- When a call comes in like this what are your top 3 questions you ask the caller? I am in NY and there are very specific rules regarding will signings and sometimes the caller may not realize this.

Im thinking: A) Was this will prepared by an attorney? B) Is there an affidavit of execution at the end of the will? C) Will the testator be able to "sign, swear and acknowledge"? I guess i dont want to be in a situation where I arrive at a would arrive at a hospital (had I accepted assignment) and find that the customer had a different idea of how wills are handled.

Any guidance/advice would be appreciated.

Reply by MikeC/TX on 5/6/12 2:20pm
Msg #420078

Just for reference - my user name shows I live in TX, but I was a notary in NY before moving here, so I'm familiar with NY's requirements.

What you can say to them is something like, "NY does not allow the notarization of a will, but I can notarize the signatures of the witnesses on the Self Proving Affidavit if your attorney prepared one. The witnesses will have to be there when I arrive, and will have to provide ID."

If they don't know what you're talking about when you mention the affidavit, there's a good chance it wasn't prepared by an attorney. You can explain what the self proving affidavit is for in general terms, but you can't give them any advice on how to draw one up. It is not a required piece of the will, it just makes probate a little easier.

The affidavit is a separate document, not something at the end of the will - your signature and stamp should not appear anywhere on the will itself. Sometimes the testator signs that also, sometimes not - I've seen it done both ways, so I guess it depends on the attorney.

Reply by BrendaTx on 5/6/12 2:22pm
Msg #420080

Ignore me...listen to Mike (Great post, Mike.) n/m

Reply by BrendaTx on 5/6/12 2:21pm
Msg #420079

Reba, and other newbs to notarizing wills

You don't feel comfortable with this because you have not seen a will.

In Texas, there are a vast number of online clerks' offices from which one can pay a few dollars and get copies of recorded documents. That's one way to figure out what you need to know...find a copy of a will and decide if you want to pursue it.

Alternatively, make a purchase of a will form online at one of the sites that sell such documents.

In Tx, a will is first signed by the maker of the will. Ideally, a lawyer will ask questions of the signer--what is tantamount to the verbal ceremony that one should provide at a will execution. He/she signs.

Then, he turns to the witnesses and asks questions. They sign.

Then, the notary completes the certificate on the will. The notary must not change the certificate to be a standard ack or jurat. It is what it is and it needs to be left alone.

Signer & witnesses must be IDed and they sign the notary's journal.

Wills in Texas are signed and self-proved by affidavits. The verbal ceremony is important, although neither the signer nor the witnesses will realize that it is.

I feel comfortable with the will process...however, I have probably notarized 100+ and have witnessed as many.

Just my $2.50 cent experience from Texas.

Reply by Julie/MI on 5/6/12 6:30pm
Msg #420097

Re: mich wills are not notarized either

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Reply by Reba Shaw-Silva on 5/6/12 3:34pm
Msg #420088

Both responses are VERY helpful. I appreciate your responses. Thank yo

Reply by VT_Syrup on 5/6/12 11:33pm
Msg #420114

Wills in Vermont are easy for the notary, except...

Wills are easy for the Vermont notary to deal with. Unlike other states, notarization of the witnesses does not make the will self-proving; the witnesses still have to testify in court. So notarizing any aspect of a will is useless.

The complication is that a resident of another state could be in Vermont and want a will notarized for use in the home state. For example, people from Washington and Warren Counties in New York go to the hospital in Rutland, Vermont all the time, and one of those folks might want to make out a will.