Can I Write My Own Will and Have It Notarized?
By NotaryLive Staff
Published on 01/28/2021
Quick Answer:
Yes, you can write your own will. Your will does not need to be notarized to be legally valid. However, you can choose to notarize a self-proving affidavit attached to your will. That affidavit speeds up the probate process by letting your witnesses skip a court appearance.
Use NotaryLive to notarize a will online.
Key Takeaways
- A will is legally valid without notarization as long as it is signed and witnessed according to your state's rules.
- Notarizing a self-proving affidavit is optional but makes probate significantly easier for your loved ones.
- If you have a holographic (fully handwritten) will, do not notarize it, as notarization can void it in some states.
Yes, you can write your own will. In every state, a handwritten or typed will is a legal document that is legally valid as long as you sign it and have the right number of witnesses.
Notarization is not required, but it can be a smart extra step. NotaryLive, an online notary service, lets you notarize a self-proving affidavit from home through a secure video call.
Most states require the testator to be at least 18 years old and of sound mind at the time of signing. If you have a complex estate, consulting an estate planning attorney is a good idea before you begin. This post explains what each step involves, what your state requires, and when notarization actually helps.
If you have ever asked "can I write my own will and have it notarized," the answer is yes to both parts. Writing the will is one step, and adding a notarized affidavit is a separate, optional step.
Does a Will Need to Be Notarized to Be Valid?
No. A will does not need to be notarized to hold up in court. All 50 states accept a properly signed and witnessed will without a notary's signature.
To be legally sound, a will must meet the specific requirements set by state law. The testator must have mental capacity and be of sound mind at the time of signing. A will signed by someone who lacked mental capacity can be challenged and invalidated.
What most states also require is two witnesses. Those witnesses must watch you sign the will and then sign it themselves. A few states accept a will with only one witness, and some recognize a fully handwritten will with no witnesses at all.
What Is a Self-Proving Affidavit, and Why Does It Matter?
A self-proving affidavit is a separate document that your witnesses sign in front of a notary. It confirms that the will-signing followed your state's legal rules.
When you attach this affidavit to your will, your witnesses do not have to testify in court during probate. The probate court accepts the affidavit as proof that everything was done correctly.
This gives your family members peace of mind and removes a burden from the people you care about.
If you want to notarize a will online, or specifically notarize the self-proving affidavit attached to it, you can use the NotaryLive notary service through a live video call. Remote online notarization lets you connect with commissioned notaries public from anywhere.
There is no notary near me search required and no travel involved. You can read more about how this works in our guide to notarizing a living will and trust form.
What Are the Witness Requirements in Each State?
Most states require two witnesses for a valid will. Some accept one, and others have specific legal requirements about who can serve as a witness. The table below shows the requirements for all 50 states.
Witnesses signing a will must usually be adults who are not beneficiaries. A witness who is also a beneficiary may have a conflict of interest that affects their inheritance or the will's validity. Always check the laws of the state where you live before choosing your witnesses.
| Alabama | Yes, and it must have two witnesses. Does not permit holographic wills. |
| Alaska | Yes, with two witnesses. |
| Arizona | Yes, with two witnesses. |
| Arkansas | Yes. |
| California | Yes, and must have two witnesses. |
| Colorado | Yes, and must have two witnesses. |
| Connecticut | Yes, with two witnesses. |
| Delaware | Yes, with two or more witnesses. |
| Florida | Yes, with two witnesses. |
| Georgia | Yes, with two witnesses. |
| Hawaii | Yes, with two witnesses. |
| Idaho | Yes, with two witnesses. |
| Illinois | Yes, with two witnesses. |
| Indiana | Yes, with two witnesses. |
| Iowa | Yes, with two witnesses. |
| Kansas | Yes, with two or more witnesses. |
| Kentucky | Yes, with at least two witnesses. |
| Louisiana | Yes, with two witnesses. |
| Maine | Yes, with two witnesses. |
| Maryland | Yes, with two witnesses. |
| Massachusetts | Yes, with two witnesses. |
| Michigan | Yes, with two witnesses. Recommended to have three. |
| Minnesota | Yes, with two witnesses. |
| Mississippi | Yes, with two witnesses. |
| Missouri | Yes, with two witnesses. |
| Montana | Yes, with two witnesses. |
| Nebraska | Yes, with two witnesses. |
| Nevada | Yes, with two witnesses. |
| New Hampshire | Yes, with two or more witnesses. |
| New Jersey | Yes, with two witnesses. |
| New Mexico | Yes, with two witnesses. |
| New York | Yes, with two witnesses. |
| North Carolina | Yes, with two witnesses. |
| North Dakota | Yes, with two witnesses. |
| Ohio | Yes, with two witnesses. |
| Oklahoma | Yes, with two witnesses. |
| Oregon | Yes, with two witnesses. |
| Pennsylvania | Yes, with two witnesses. |
| Rhode Island | Yes, with at least two witnesses. |
| South Carolina | Yes, with two witnesses. |
| South Dakota | Yes, with two or more witnesses. |
| Tennessee | Yes, with two witnesses. |
| Texas | Yes, with two witnesses. |
| Utah | Yes, with two witnesses. |
| Vermont | Yes, with two or more witnesses. |
| Virginia | Yes, with two witnesses. |
| Washington | Yes, with two witnesses. |
| West Virginia | Yes, with two witnesses. |
| Wisconsin | Yes, with two witnesses. |
| Wyoming | Yes, with two witnesses. |
The Texas Secretary of State's office provides guidance on notary procedures and witness requirements as part of its official notary FAQ. You can review the Texas SOS notary FAQ for context on how witness and notarization rules interact at the state level.
Should You Notarize a Holographic Will?
No. In some states, a notary may be involved in a self-proving affidavit or other related step; the real issue is not to turn a holographic will into something that defeats the state’s validity rules.
A holographic will is one that you write entirely by hand, without witnesses. Some states require no witnesses, but rules vary and the definition is state-specific.
Some states recognize holographic wills as valid without any witnesses or notary involvement. Adding notarization to a holographic will can actually void it in those states, because it may signal that you intended to follow formal signing rules, which you did not fully complete.
If your will is handwritten, leave it as-is and verify specific requirements in your state before making any changes.
Are Electronic Wills an Option?
Some states now allow electronic or digital wills. These are wills created and signed entirely online. As of 2025, states including Florida, Nevada, and Utah have passed laws permitting electronic wills.
Other states, such as Oregon, have not yet authorized them.
The U.S. Senate introduced the SECURE Notarization Act, which you can review on the Congress.gov bill page, as part of broader federal efforts to modernize remote online notarization and document execution. Check your state's current laws before creating an electronic will.
How Do You Write Your Own Will?
Follow these steps to create a valid will:
- List the property and assets you want to distribute.
- Choose an executor who will carry out your wishes.
- Name a guardian if you have minor children.
- Collect the full legal names and account details of your beneficiaries.
- Sign the will in front of the required number of witnesses.
- Have your witnesses signing the will immediately after you do.
- Store the original in a secure location and tell your executor where it is.
If you want to add a self-proving affidavit, schedule a notary session after you and your witnesses have signed the will. Understanding what a notarized document is can help you feel confident about what the notary is certifying when you go through that process.
Ready to Notarize Your Self-Proving Affidavit?
Writing your own will is something you can do today, without a lawyer or a trip to a courthouse. Instead of searching for a free notary near me or driving to a bank, you can use an online notary to notarize a self-proving affidavit in minutes.
Start your online notary session at NotaryLive whenever you are ready.
Legal Disclaimer: We are not lawyers or attorneys and do not give legal advice. Check with your attorney for questions about your specific documents.
This post was written by the NotaryLive editorial team.
Frequently Asked Questions
This section covers frequently asked questions about writing and notarizing a will.
Can a handwritten will be notarized? Yes, but only if it was signed with witnesses like a formal will. If it is a holographic will with no witnesses, do not add notarization, because it may make the will invalid in some states.
Does a will need to be notarized in Texas? No. Texas law does not require notarization for a will to be legally valid. You can add a self-proving affidavit with notarization to simplify the probate process, but it is not mandatory.
What makes a handwritten will legal? A handwritten will is legal if it meets your state's specific requirements. Most states that recognize holographic wills require the entire document to be in the testator's handwriting.
About NotaryLive
NotaryLive is a leading provider of digital notarization and eSign solutions. They are dedicated to enhancing business efficiency through a secure, user-friendly platform. This platform prioritizes understanding and meeting customer needs. By offering innovative tools for electronic signatures and online notarization, NotaryLive empowers professionals to manage documents easily, anywhere, any time.
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Updated Date: 06/20/2026