1. Last Will and Testament
While a will does not always need to be notarized to be valid, some states (and countries) require a self-proving affidavit (a notarized statement signed by witnesses) to avoid having witnesses testify in court during probate.
Self-Proving Affidavit: Attached to the will and signed in front of a notary by the testator (will-maker) and witnesses.
2. Codicil (Amendment to a Will)
If changes are made to an existing will, a codicil (an amendment) may require notarization, especially if the original will was self-proved.
3. Affidavit of Execution (Witness Verification)
Some jurisdictions require an affidavit where witnesses swear under oath that they saw the testator sign the will.
4. Living Will (Advance Healthcare Directive)
A document outlining medical wishes if the person becomes incapacitated. Many states require notarization or witnesses.
5. Durable Power of Attorney (Financial or Healthcare)
Authorizes someone to act on behalf of the testator in financial or medical matters. Often requires a notary.
6. Trust Documents
If a revocable or irrevocable trust is part of the estate plan, the trust agreement may need a notary.
7. Proof of Will (Affidavit of Attesting Witnesses)
If a will is contested, an affidavit from witnesses (notarized) can help validate its authenticity.
Why use a Notary?
Prevents Fraud: A notary verifies identities and ensures voluntary signing.
Simplifies Probate: A self-proving will speeds up court acceptance.
Legal Compliance: Some states mandate a notary for certain documents.
State-Specific Rules
Laws vary by state (e.g., some states allow holographic wills without notarization).
Consult an estate attorney to ensure compliance.