Does a will have to be notarized? [Updated for 2025]

A last will and testament (or will) is a legal document that explains how you want your assets and property distributed after you die. When you pass away, your will is presented to a probate court. The court will verify your will and then oversee the distribution of your property to your loved ones.

Contrary to what some people believe, your will doesn’t have to be notarized to be valid (unless you live in Louisiana). However, at FreeWill, we generally recommend that everyone notarize their will.

You also have the option to create a self-proving affidavit for your will. It’s similar to notarizing your will, but with a few important differences. We’ll go over each of these options below.

Does your will have to be notarized?

Currently, Louisiana is the only state that requires your will be notarized. If you live in any other state, you don’t have to notarize your will for it to be valid. It won’t hurt if you do, but it’s not necessary.

Your will does need to be executed, which is the technical term for signing your will to make it a valid legal document. Will execution requirements can vary by state, but generally, you need to sign your will in front of two witnesses, who also sign. Once you do that, your will is a valid legal document — no notarization required! (Unless you live in Louisiana, of course.)

That said, we recommend that you notarize your will regardless of which state you live in. There are two reasons for this.

First, in some states, notarization serves as a “self-proving affidavit,” which means your witnesses don’t have to appear in probate court to confirm your will’s authenticity. Even in states where self-proving isn’t available, notarization can help to validate your will if its authenticity is questioned.

In short: Notarization isn’t required (except in Louisiana), but can often be helpful.

What is a self-proving affidavit?

A self-proving affidavit is a notarized document that accompanies your will. The document is signed by your witnesses in the presence of a notary. A notary is a person authorized by the government to witness the signing of important documents, and confirm the identity and competency of the people who sign them.

When someone dies and their will is brought to the probate court, the court calls the witnesses to confirm the document is authentic. This process can take time, especially if a witness has died or lives far away. By “proving” your will with a self-proving affidavit, you can speed up probate court proceedings because the court doesn’t need to contact your witnesses.

There are benefits to a self-proving affidavit, but it’s an optional document, and your will is valid without one. Currently, self-proving affidavits are allowed in all states except Ohio and Washington, D.C. Some states have a specific form for this self-proving process. If you’re considering this, be sure to check the laws in your state.

Can you write your own will and have it notarized?

Yes, you can write your own will, and yes, you can have it notarized (but again, you don’t have to unless you live in Louisiana).

If you want to write your own will, you need to follow a few requirements to make it legally valid:

• State clearly in the document that it is your last will and testament
• Include your full legal name, so it’s clear the document belongs to you
• State that you’re of sound mind and not under pressure from someone else to write your will
• Sign your will in front of witnesses, following the laws in your state

If you use FreeWill to make your will, we automatically include this legal language in your will document so you don’t have to write it yourself. Our will forms have been rigorously tested by a network of estate attorneys and are legally valid in all 50 states + Washington D.C.

Where to get a will notarized

If you want to make your will self-proving, you’ll need to find a notary public to notarize your will. Many common locations have notaries, including:

• Banks
• Libraries
• law and accounting firms
• your local print shop (like FedEx)

You can call your location of choice to check the hours their notary is on duty, and either schedule an appointment or walk in. You can also use a website, like Find a Notary, to search for notaries near you. Some notaries are even willing to travel to you, depending on your preferences.

Frequently Asked Questions

Who can notarize a will?

Any notary public can notarize a will. You can use a website like Find a Notary to search for notaries near you, or visit your local bank or library and ask if they have a notary on duty.

Is a notarized will legally binding?

Not necessarily. Notarizing a will is only legally required in Louisiana. In all other states, a will needs only to be signed by its creator in the presence of witnesses to be legally binding.

In addition, a notary isn’t a substitute for witness signatures. Only Colorado and North Dakota allow will-makers to have their will notarized in place of being witnessed. All other states require witness signatures.

Notarization vs. self-proving affidavit: What’s the difference?

These are two related but slightly different processes.

When you notarize your will, a notary public confirms that the signatures on the document are genuine. This can help prove the signatures’ authenticity if they are questioned in a probate proceeding.

A self-proving affidavit is a specific legal document, typically attached to your will, in which you and your witnesses swear in front of a notary that your will was properly executed. Its purpose is to let your will be accepted by the probate court without your witnesses having to appear, which can save time.

The bottom line: Notarization is part of making a self-proving affidavit, but simply notarizing the will itself doesn’t automatically make it self-proving. Only the affidavit can do that.

How much does it cost to notarize a will?

The cost to notarize a will depends on where you live. Typically, you can expect to pay a notary $5 to $15 per document. You may also have to pay travel fees if the notary travels to you.

Should you notarize your will?

Unless you live in Louisiana, you don’t need to notarize your will to make it valid. Simply sign your will in the presence of witnesses according to the laws in your state, and you’re all set!

In most states, you also have the option to make your will “self-proving” by notarizing a self-proving affidavit. This is an optional step, but it can make the probate process smoother and faster for the court and your loved ones.

Still need to create your last will and testament? You can use FreeWill to make yours in less than 20 minutes. Our online will-maker is completely free to use (we never ask for your credit card). Our will documents are valid in all 50 states + Washington, D.C., and we include state-specific instructions to make your will legally binding. Get started today.