Also known as: notarized wills · notarize will · notarized testament · notarial will
Written by attorneys · grounded in primary & secondary sources — see below
A formal will that satisfies execution requirements when the testator acknowledges the instrument before a notary or other authorized officer. The acknowledgment supplies the alternative to attestation by two witnesses under statutes modeled on the Uniform Probate Code.
Noelle North typed her will leaving her ranch to her niece. She took the signed document to a bank where an authorized notary confirmed her identity and recorded her acknowledgment in the journal. After Noelle died, the court admitted the will to probate because the notarization satisfied the statutory execution requirement.
Nora Nash signed her will in her office. Her receptionist, whose notary commission had lapsed, affixed a seal and signed as notary. When relatives challenged the document, the court held the will invalid because the acknowledgment was taken by an officer without current authority.
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No. Under statutes following the Uniform Probate Code, a will is valid if it is in writing, signed by the testator, and either attested by two witnesses or acknowledged before a notary. The notarization route is an independent alternative.
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The purported notarization is ineffective. The statute requires acknowledgment before an officer with current authority, so an expired commission prevents the document from qualifying as a notarized will.
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No. Notarization of an affidavit does not substitute for proper acknowledgment of the will itself before a notary. The testator must acknowledge the will, not a related document.
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Conduct such as presenting the document and signing the notary journal can suffice if it clearly conveys acknowledgment. Courts examine whether the actions demonstrate the required formal acknowledgment.
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