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Wills

Are notaries able to prepare wills? If so, where do they get the forms?

No. A notary public who is not an attorney licensed to practice law is prohibited from rendering any services that constitute the unauthorized practice of law. A non-attorney notary public shall not assist another person in drafting, completing, selecting, or understanding a record or transaction requiring a notarial act. A will is a legal document with a format dictated by the states’ statutes, which consist of very strict statutory requirements.

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Can a notary witness and notarize a will at the same time?

No. A notary public cannot act in his or her official capacity as a notary public and be an impartial witness at the same time in the performance of a notarial act. The signing and the notarization of a signer’s Last Will and Testament is generally performed in the presence of an impartial witness who has no legal or equitable interest in any real or personal property that is the subject of, or is affected by, the instrument being signed. The witness attests to the genuineness of the signer’s signature on the will by adding his own signature. Then the notary will attest to such facts in the notarial certificate.

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Legal disclaimer: The information provided on this page is for general informational purposes only and should not be relied upon as legal advice. We do not claim to be attorneys and we do not guarantee the accuracy, completeness, or reliability of the information provided. You should always seek the advice of a licensed attorney for any legal matters. It is your responsibility to know the appropriate notary laws governing your state. In no event shall the American Association of Notaries, its employees, or contractors be liable to you for any claims, penalties, losses, damages, or expenses, howsoever arising, including, and without limitation, direct or indirect loss, or consequential loss, out of or in connection with the use of the information contained on any of the American Association of Notaries website pages. Notaries are advised to seek the advice of their state’s notary authorities or attorneys if they have legal questions.