Legal Question in Wills and Trusts in Massachusetts

Re: Last wills

Under Massachusetts law, a will must be signed by the maker and witnessed by two persons who are not potential heirs. However, the will is not considered "self-proving" unless it is ALSO signed and witnessed before a notary.

The function that the notary provides is to verify each signatory's identity, that the signatories are over 18 and they have voluntarily signed the document. If there is no notarization, the executor will have to eventually go to court to "prove" the will, adding time and expense to the probate process. Further, the lack of a notary's signature raises the risk that someone could come forward and challenge the validity of the will.

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