No. In most states a will is valid when the testator signs it in front of the required witnesses, usually two, not because a notary stamped it. A notary matters for a self-proving affidavit, which lets the will be admitted to probate without witness testimony. A few states, such as Louisiana, require a notary.
This is general information, not legal advice. Will rules are strict and differ by state, so have an estate planning attorney review your will.
Does a will have to be notarized?
Usually not. Most states require a written will, signed by the testator and witnessed by two people, and treat notarization as optional. The notary comes in for a self-proving affidavit. A few states differ: Louisiana’s notarial will requires a notary, and a handwritten will can be valid without witnesses or a notary in some states.
| State | Witnesses | Notary required for validity? | Self-proving option |
| Texas | Two, age 14 or older (§ 251.051) | No | Yes, a notarized affidavit by the testator and witnesses (§ 251.104; § 251.1045) |
| California | Two, present at the same time (§ 6110) | No | No separate notarized affidavit; a witness attestation under § 8220, per a secondary guide |
| Florida | Two, per a law firm guide | No, per secondary sources | Yes, a notarized affidavit (§ 732.503, per a law firm guide) |
| Louisiana | Two, with a notary, for a notarial testament (art. 1577) | Yes, for a notarial testament | A handwritten (olographic) will needs no notary or witnesses to sign |
| Pennsylvania | Not technically required at execution, per a law firm | No | Yes: two witnesses and a notarized affidavit (20 Pa.C.S. § 3132.1) |
Sources: the Texas Estates Code, chapter 251; California Probate Code § 6110 and a California guide; Louisiana Civil Code art. 1577 and a Louisiana firm; a Florida firm on § 732.503; and a Pennsylvania firm. Confirm the current statute for your state before you rely on this table.
What is a self-proving affidavit, and does it make a will self-proved?
A self-proving affidavit is a sworn statement, signed by the testator and the witnesses before a notary, attached to the will. A will with it, called a self-proving will or self-proved will, can be admitted to probate without calling the witnesses to testify. It does not make an improperly signed will valid.
The Uniform Probate Code’s Section 2-504 says a will executed with attesting witnesses may be made self-proved by the testator’s acknowledgment and the witnesses’ affidavits, each made before an officer authorized to administer oaths. Its comment adds that a self-proved will may be admitted to probate without the testimony of any attesting witness, but otherwise is treated no differently from a will not self-proved (UPC § 2-504). Texas follows the same structure: the affidavit is made by the testator and the attesting witnesses before an officer authorized to administer oaths and is attached to the will (Tex. Est. Code § 251.104). Iowa’s statute is similar (Iowa Code § 633.279).
So, does a will need to be notarized to be self-proved? Yes in most states, because the affidavit is sworn before a notary or other officer who can administer oaths. California differs: it has no separate notarized self-proving affidavit, and a witness attestation serves the proof purpose, per a secondary guide (Family Estate Guide).
Who can notarize a will, and who should not be a witness?
Any commissioned notary can notarize a self-proving affidavit where state law allows it. The notary should have no interest in the will. Witnesses should be adults who are not beneficiaries, because many states restrict interested witnesses. Ask your attorney, since a mistake here can create problems in probate.
• Notary: an independent notary with a current commission, who checks everyone’s ID and completes the certificate.
• Witnesses: usually two adults who watch the testator sign. Texas, for example, has an interested-witness rule (Estates Code § 254.002) (Texas will guide).
• Louisiana: the notary and two witnesses must all be present for a notarial testament (La. C.C. art. 1577).
• A notary is not a substitute for witnesses. A California source says a will that is only notarized, with no proper witnesses, can be rejected or challenged (Moravec’s Law).
Can a will be notarized or signed online?
In a few states, yes, with strict rules. Many states do not recognize remote or electronic wills, and some exclude wills from electronic notarization. Florida permits remote witnessing supervised by an online notary, with extra screening for wills. Texas and California require physical presence, per secondary guides.
Florida’s statute lets an online notary supervise the witnessing of electronic records by video, and requires added screening questions and a notice when fewer than two witnesses are physically present for wills, trusts with testamentary provisions, health care directives, and certain powers of attorney (Fla. Stat. § 117.285). New Jersey’s rule on electronic notarization excludes wills, codicils, and testamentary trusts (N.J.A.C. 17:50-1.16). Secondary guides say Texas has not adopted electronic or remote wills and California does not accept them (Texas guide; California guide).
BlueNotary’s documents help page lists codicils and testamentary trusts among the documents it cannot notarize. A self-proving affidavit is a separate sworn statement, so confirm that your document and state are supported before you book anything related to a will. For most people, signing the will itself in person with an attorney is the safest route.
Does a living will need to be notarized?
It depends on the state. Some states require two witnesses, some accept witnesses or a notary, and a few require both. A living will, also called an advance directive, follows health care law, not will law. Use your state’s form and follow its signing instructions.
A WillMaker summary lists California, Indiana, Kentucky, Minnesota, Mississippi, New Hampshire, New Jersey, North Dakota, Tennessee, Texas, Washington, and Wyoming as accepting two witnesses or notarization, and says Georgia requires two witnesses (WillMaker). Texas sources generally say its directive can be signed before two qualified witnesses or acknowledged before a notary, with at least one witness disinterested (Robbins Estate Law), though one firm says witnesses alone are required. Florida’s living will requires two witnesses and no notary, per a Florida firm (Lorenzo Law).
What happens if a will is not witnessed or notarized correctly?
A will that misses a required formality can be invalid, and without a self-proving affidavit the witnesses may have to testify in probate. Some states excuse minor errors. California’s statute includes a harmless-error cure in § 6110(c)(2), according to secondary sources, but you should not count on it.
• Missing witnesses: a typed will without the required witnesses may fail, except in states that accept handwritten wills.
• No self-proving affidavit: the will can still be valid, but witnesses may need to testify or sign proof later.
• Wrong notary act: the affidavit needs a jurat or acknowledgment as your state’s form requires.
• Witnesses who cannot be found: this is the main reason attorneys add a self-proving affidavit at signing.
How do you notarize a self-proving affidavit, and what does it cost?
Sign the will and the affidavit at the same sitting in front of two witnesses and a notary, where your state’s form allows it. The notary checks IDs and completes the certificate. Do not sign before everyone is present, and keep the original will safe.
1. Ask an attorney or use your state’s form to confirm the witness and affidavit rules.
2. Gather two qualifying witnesses and a notary, all with valid ID.
3. The testator signs the will in front of the witnesses, who then sign.
4. Testator and witnesses sign the self-proving affidavit before the notary.
5. Notary completes the certificate and seal; store the original safely.
In person is the safest choice for the will itself in most states. For related documents that need only a notary, BlueNotary can notarize online: see its signer instructions, last updated July 14, 2026, and its identity guide. One notarization with one stamp is $25, each additional stamp is $8, each additional signer is $5, and a witness is free if you bring one and $10 if BlueNotary provides one (checked October 2026, fee schedule). BlueNotary’s eSign is not a substitute for witnessing and notarizing a will. See the pricing page and the remote online notarization page.
FAQs
1. Does a will need to be notarized to be valid?
In most states, no. Witnesses make a typed will valid, and a notary supports a self-proving affidavit. Louisiana’s notarial testament is a notable exception that requires a notary and two witnesses.
2. What is the difference between a self-proving affidavit and a will?
The will states your wishes. The affidavit is a sworn statement by you and your witnesses, notarized, that proves the will was signed properly so the probate can proceed without witness testimony.
3. Can a notary be one of my witnesses?
Rules vary. Many practitioners use separate people, and a notary who signs as a witness may be treated as a witness. Ask your attorney so the roles do not conflict.
4. Is a handwritten will valid without a notary?
In states that recognize handwritten wills, such as Texas and California, a will written in your own hand and signed can be valid without witnesses or a notary, but it carries risks.
5. Should I notarize my will even if it is not required?
A notarized self-proving affidavit usually makes probate simpler, so many attorneys include it. It does not replace witnesses, and in California a witness attestation serves a similar purpose.
