What happens if a will is not notarized?
A will is a set of legal documents that allows you to give your property to another person after you pass away. When you sign a will, it must be notarized by a notary public.
A notarized will is a legal instrument, and if it's not properly signed, it's legally invalid. If this happens, your estate will be distributed according to state laws. In some states, the default laws are very strict, which means that your assets may go to your next of kin, or even back to the government! This can be disastrous for your family or friends, who may not have been expecting this turn of events. To avoid this situation altogether, make sure you're signing your will correctly.
The requirements for signing a notarized document will vary from state to state. Some states require you to sign in front of a notary in person, while other states allow you to sign through the mail as long as certain conditions are met (like sending in the original copy of your will with a sworn statement that it hasn't been altered). It's important you know what's required in the state where you live so
If you are a witness to an individual signing a document that creates a will, you may be asked to verify the signature of the deceased. This verification is called attestation and is done by signing your name and adding the phrase “Signature witnessed by” under it. The document does not need to be notarized in order for you to serve as an attesting witness, but if the document is notarized, then only a licensed notary can attest to the signature.
If you have any questions or in need a Will and Estate Attorney, we have the Best Attorneys in Utah. Please call this law firm for free consultation.
We help you with Estate Planning, Wills, Trusts, Power of Attorney, Health Care Directive, Estate Administration, Probate and More
Parklin Law - Estate Planning
5772 W 8030 S, # N206
West Jordan UT 84081
(801) 618-0699
Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.
