In New York State can a Notary notarize a Will?
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.
A New York State notary can refuse to notarize a document if he or she believes the document is fraudulent or that the signatory has not established his or her identity to the satisfaction of the notary, or if the signatory has not paid the $2 fee. A notary cannot refuse to notarize a document for discriminatory reasons.
A notary can only act within the state which appointed them. Commissioners of deeds are appointed by a certain state to "notarize" signatures in another state or foreign country, for documents to be used in the appointing state. For example, a Florida notary public can only notarize signatures in the State of Florida. If the Governor of Florida appoints a Commissioner of Deeds for Mexico, then that Commissioner of Deeds can notarize signatures in Mexico…
Check with the courthouse. The notary must personally know the person in the photo, and will have to state how long he has known that person in his notarized statement. He can notarize a witness statement by creditable persons in the community who state in writing that they know the person involved and have known that person for the length of time they state.
New York does not have reciprocity provisions for notaries. Generally, a notary can only notarize signatures while in a state in which they have a notary commission, for the most part. Notaries can hold commissions from multiple states (in some cases). You should always check your state laws to be sure.