Does a Will Have to Be Notarized? What's Required to Make a Will Valid

The Short Answer, With Context

Notarization and will validity are two different things. A will does not need to be notarized to be valid. What makes a will valid is proper execution: signing the document in front of witnesses, with the required number of witnesses signing in return. This has been the rule for hundreds of years of Anglo-American property law and remains the rule in 49 states today.

What notarization adds is convenience for the probate process. A notarized will (technically, a will with a notarized self-proving affidavit attached) lets the probate court accept the will without requiring the witnesses to testify. Since witnesses may have moved, died, or become unreachable in the years between signing the will and when it is eventually probated, this is genuinely useful — but it is a procedural convenience, not a validity requirement.

What Actually Makes a Will Legally Valid

For a will to be legally valid in most U.S. states, four requirements must be met:

1. Testamentary capacity: The person making the will (the "testator") must be at least 18 years old and of "sound mind" — meaning they understand the nature of a will, know what property they own, know who their natural heirs are, and are not being unduly influenced by another person.
2. In writing: The will must be a written document. Oral ("nuncupative") wills are only recognized in a small number of states and only in very narrow circumstances, typically for military personnel in active service.
3. Signed by the testator: The testator must sign at the end of the will. If the testator is physically unable to sign, they can direct another person to sign in their presence — but that person cannot be a beneficiary or witness.
4. Two adult witnesses: Two adults who are present when the testator signs must also sign the will. Most states require that the witnesses sign in the testator's presence, and some states require that the testator and witnesses all be present simultaneously. Vermont is unique in requiring three witnesses.

That's it. Four requirements, no notary needed.

What a Self-Proving Affidavit Actually Does

A self-proving affidavit is a separate sworn statement attached to the will — signed by the testator and the witnesses before a notary public — that declares the will was executed properly. When a self-proving affidavit is attached, probate courts in nearly every state will accept the will without requiring the witnesses to appear in court or provide sworn testimony after the testator dies.

This matters because:

• Witnesses may be difficult to locate years later
• Witnesses may have died before the testator
• Some witnesses may be reluctant to participate in court proceedings
• Without a self-proving affidavit, courts must verify the will's authenticity through live or written witness testimony — adding time and cost to probate

A self-proving affidavit does not make the will more valid. It does not change who inherits or how assets are distributed. It simply removes an administrative hurdle from the probate process. The will was already valid from the moment the testator and witnesses signed it — the notarization just records that fact in a form that probate courts find convenient.

The practical recommendation: If you are having a will drafted or signed, add the self-proving affidavit. It costs nothing extra in most cases (your estate attorney or notary will simply notarize the affidavit at the same time as the signing), and it makes the probate process meaningfully smoother for whoever handles your estate.

Handwritten Wills (Holographic Wills)

About 24 states recognize holographic wills — handwritten wills that do not require any witnesses. To be valid as a holographic will, the document must be:

• Entirely in the testator's own handwriting (not typed, not a pre-printed form filled in by hand)
• Signed by the testator

Notarization is not required. Witnesses are not required. The handwriting itself serves as authentication.

States that recognize holographic wills include: Alaska, Arizona, Arkansas, California, Colorado, Idaho, Kentucky, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming.

States that do not recognize holographic wills include: Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Ohio, Oregon, South Carolina, Washington, and Wisconsin, among others. In these states, a handwritten will without two witnesses is simply invalid.

Who Can — and Cannot — Witness a Will

Witnesses must be adults — typically 18 or older. Beyond that, the key rules:

Interested witnesses

An "interested witness" is a person who is a beneficiary under the will — someone who inherits something. The rules vary by state:

• Many states: Allow a beneficiary to witness but void or reduce their inheritance (a concept called "purging" the interested witness's bequest). The will itself remains valid — only that one beneficiary loses their inheritance.
• Some states: Disqualify interested witnesses entirely — a beneficiary cannot witness at all.
• Best practice in all states: Never have a beneficiary witness the will. Use neutral parties who are not named in the document.

Who makes a good witness

• Not a beneficiary under the will
• Younger than the testator (more likely to still be alive when the will is probated)
• Someone who will be easy to locate if needed
• Mentally competent and able to testify if required

Common good choices: neighbors, coworkers, family friends, or professionals (accountant, financial advisor). The witnesses do not need to read the will — they are simply witnessing the testator's signature.

Can a notary public be a witness?

In some states, a notary who notarizes the self-proving affidavit can also serve as one of the two witnesses. In other states, the notary is prohibited from witnessing. Check your state's rules, or simply use a separate notary and two unrelated witnesses to be safe.

Louisiana: The Only State With a Notarization Requirement

Louisiana follows the civil law tradition (inherited from French and Spanish law) rather than the common law tradition of the other 49 states. Under Louisiana law, a standard "notarial will" requires:

• The testator's signature on every page
• Two witnesses
• A notary public
• A declaration by the notary that the will was signed in their presence and the presence of the witnesses

Louisiana does also allow a "olographic testament" (holographic will) — entirely in the testator's handwriting and signed, with no witnesses or notary — as an alternative. But a typed or partially printed will in Louisiana must be notarized to be valid.

Online and Remote Notarization

Remote online notarization (RON) allows a notary and signer to complete notarization via video call rather than in person. As of 2026, the majority of U.S. states have enacted RON laws, and several online platforms (Notarize, DocVerify, others) offer the service.

For wills, the picture is more complex:

• Some states have explicitly clarified that RON is valid for will execution, including the self-proving affidavit.
• Other states have RON laws that are silent on wills specifically, leaving some uncertainty.
• A handful of states require in-person notarization for wills and have not updated their laws to permit RON for estate documents.

Remote witnessing (signing the will itself via video, with witnesses in different locations) is a separate and more unsettled question — most state will execution statutes require physical presence, or the witnesses must be "in the room." Several states temporarily allowed remote execution during COVID and have since either made it permanent or reverted to in-person requirements.

If you use an online will service or want to execute a will remotely, verify that your state's current law permits it before proceeding.

If You Found a Will That Wasn't Notarized

If someone has died and you've found a will that was not notarized, do not assume it is invalid. In 49 states, a will with two witness signatures is valid regardless of whether it was notarized. The absence of a notary seal does not make the will void.

What happens in probate without a self-proving affidavit:

• The probate court may require witness testimony to verify the will's authenticity.
• If witnesses are unavailable, courts have other means of authentication — comparing signatures, testimony from people familiar with the testator's handwriting, and so on.
• The process takes longer and may cost more, but a valid unnotarized will can still be admitted to probate.

Submit the will to the probate court and let the court determine its validity. An estate attorney can help if there are concerns about authenticating it without witnesses.

If the will appears to have only one witness signature — or no witness signatures at all — it may be invalid in most states (unless it qualifies as a holographic will). This is a situation where an estate attorney's guidance is worth getting early.

Will Execution Requirements: State-by-State Summary

This table covers major states. For your specific state, check the state guide in our State Guides section or the state's probate code directly.

Frequently Asked Questions

Does a will have to be notarized to be valid?

No — in 49 states, notarization is not required for a will to be legally valid. Two adult witness signatures are required. Louisiana is the only state where notarization is required for a typed will. Notarization (through a self-proving affidavit) makes probate easier but does not change validity.

What makes a will legally valid?

In most states: the testator must be 18+ and of sound mind; the will must be in writing; the testator must sign it; and two adult witnesses must sign in the testator's presence. That's the complete list in most states. Vermont requires three witnesses.

What is a self-proving will?

A self-proving will has a notarized affidavit attached that lets the probate court accept it without tracking down witnesses. It does not make the will more valid — it just makes probate faster and easier. Adding a self-proving affidavit is inexpensive and almost always worth doing.

Can a handwritten will be valid without witnesses or notarization?

In about 24 states, yes — these states recognize holographic wills, which are entirely handwritten and signed by the testator, with no witnesses required. States that don't recognize holographic wills include Florida, Illinois, Maryland, Massachusetts, New York, Ohio, and Washington.

Who can witness a will?

Any adult who is not a beneficiary under the will. Best practice: choose two people younger than the testator who are not named in the will and who will be easy to locate. Witnesses do not need to read the will — they are only witnessing the signature.

Is a will notarized online valid?

In most states, yes — remote online notarization (RON) is permitted. However, laws vary on whether RON applies to will execution specifically. Verify your state's current rules before relying on online notarization for a will, as this area of law is still evolving.