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In most states a will does not have to be notarized.

A will (or codicil to a will) in NY must be attested by two witnesses. A notary is not required. In fact, NY notaries are discouraged from notarizing wills so that their notarization will not be construed as a validation of the will. A notary is only attesting to the signature on the document and not to the content.

If a NY will is properly executed it can also be notarized to help avoid future challenges regarding the authenticity of the signature only. Although not required a notarized self-proving affidavit can be attached to a will. In the affidavit the witnesses and testator swear to the fact they witnessed and signed the will. It avoids the necessity of finding the witnesses at the time of death of the testator and makes it simple for the court to allow the will. Most states accept such wills.

A will should always be drafted by an attorney who specializes in probate law in your state.

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15y ago

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