Legal Question in Wills and Trusts in New York

Can a notary notarize a will and be one of the two witnesses, or do I have to have two witnesses other than the notary?


Asked on 2/19/13, 3:28 pm

2 Answers from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Wills don't get notarized. A self-proving affidavit in a will prepared by an attorney gets notarized. Hire a lawyer. You would not perform surgery on yourself. What makes you think your property will pass in accordance with your wishes in a self-prepared will?

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Answered on 2/19/13, 3:37 pm
Rudolf Karvay Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.

Since it is the signatures of the witnesses on the self proving affidavit that gets notarized, the Notary cannot be a witness. A Notary cannot notarize his or her own signature. I strongly urge you to have an attorney draft and supervise the execution of the Will.

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Answered on 2/20/13, 8:03 am


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