KEY TAKEAWAYS:
- You can write your own will in every U.S. state, with no lawyer required.
- Only Louisiana requires you to have a will notarized; every other state requires witnesses to sign instead.
- A notarized self-proving affidavit attached to your will speeds up the probate process.
You want to handle your estate planning documents without paying a lawyer thousands. The natural next question is: can I write my own will and have it notarized to make it legally valid?
The answer is yes, with one catch. In 49 states, notarization alone does not make a will legally binding. Witnesses do. This post walks through what a homemade will needs and when to notarize it.
Does a Will Need to Be Notarized?
In 49 states, no. Witnesses, not notaries, make a will legally valid. Louisiana is the only state where the legal requirement includes notarization.
A common mistake is assuming a notary stamp replaces witness signatures. It does not. You still need the required witnesses present when the testator signs.
Can You Legally Write Your Own Will?
Every state recognizes a will written by the person whose estate it covers. You do not need an attorney to draft legal documents like this one. To hold up in court, the document must meet a few state requirements.
You must be at least 18 and of sound mind. Mental capacity matters: courts will throw out a will signed under duress or undue influence.
The will must state clearly that it is your last will and testament. You must sign it, and in most states, two adult witnesses sign it too. Witnesses cannot inherit anything under the will, which prevents conflict of interest.
If you have minor children, name a guardian. If you own real estate, list it specifically. These are core parts of any complete will.
What Is a Self-Proving Affidavit?
A self-proving affidavit is a short, notarized document you attach to your will. You and your witnesses sign it in front of a notary public. You all swear under oath that everything in the will is genuine.
The affidavit does one big thing. After you die, your witnesses do not need to appear in probate court to confirm your signature. The notarized affidavit speaks for them. This shortens the probate process, which often drags on for months.
Every state except Louisiana, Ohio, and Washington, D.C. accepts self-proving affidavits. Most state legislatures publish a free template under their state’s laws.
How to Notarize a Will and Affidavit
The process takes one short session. Sign your will in front of two witnesses who do not inherit. Then sign the self-proving affidavit in front of a notary public. The notary confirms each person’s identity, administers the oath, and applies the seal.
You can find a notary public at a bank, UPS Store, library, or online. NotaryLive’s online notary services handle wills and affidavits over secure video. The online option works well when scheduling two witnesses for an in-person visit feels like a headache.
Frequently Asked Questions
Q: Do I need a lawyer to write a will?
A: No. You can write a valid will yourself in any state. Follow your state’s witness and signature rules to keep the document legally binding.
Q: How many witnesses does my will need?
A: Most states require two adult witnesses who do not inherit from the will. Check your state’s specific rules before signing.
Q: Is online notarization legal for a will?
A: Yes, in most states that permit remote online notarization. Confirm your state allows online will notarization before starting.
