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The National Notary Bulletin

Will I invalidate a will if I notarize it?

By NNA Staff

Photo of woman with long dark hair on phone. She is looking at papers in her hand. Text on image reads NNA Hotline Tip.

I am a Notary Public in Ohio. Is Ohio a state where a last will and testament becomes invalid if notarized? — S. V., Ohio

We commend you for having the foresight to ask this question with potentially far-reaching implications. The formalities for the execution of a will are strictly prescribed by statute. We recommend that you obtain counsel on this question from an Ohio estate and probate attorney.

Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors

Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained NNA Hotline consultants to help you with all of your notarial questions. Call 1-888-876-0827, Monday through Friday, 6 a.m. to 6:30 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST.

Additional Resources:

Notarizing a will

View All: Hotline Tips

5 Comments

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Kathie Rutherford

01 May 2023

California changed the law regarding Wills about 5 years ago. They are no longer notarized but must be witnessed by 2 people and these 2 witnesses cannot be named in the Will.

Shelly Biddle

01 May 2023

What are the current laws on notorizing A Living Will In Bedford Pa 15522

National Notary Association

01 May 2023

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Doris Dulang

22 Apr 2023

What are the current laws in California for someone who prepared the Will and signed as a witness, Reinstatement of the Trust and notarized it. In addition, was informed that will is Pour over Trust. Will has only one witness who was the same person who created and notarized the Trust?

National Notary Association

24 Apr 2023

Hello. We're sorry, but these are legal questions that would need to be answered by a qualified attorney.

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