If you have a notary public witness you and your witnesses sign your will, they may serve to confirm your identities and voluntariness. With this, you may also attach a self-proving affidavit to your will, which is a separate, notarized document signed by you and your witnesses, along with the official signature and seal of the notary public. The necessity of this extra step to establish your will may vary from state to state. Well, please continue reading to learn whether wills need to be notarized to be considered valid in the Commonwealth of Pennsylvania, and how an experienced Butler County will preparation attorney at Heritage Elder Law & Estate Planning, LLC, can help educate you on its added benefits.
Do wills have to be notarized to be valid in Pennsylvania?
Of note, only the state of Louisiana legally requires wills to be notarized. So while you do not need a notary public in the Commonwealth of Pennsylvania, you may be required to satisfy these other requirements at your will signing:
- You must be at least 18 years old and of sound mind at the signing of your will.
- “Sound mind” means you understand what property you own, who your natural heirs are, the legal effect of making a will, etc.
- You must provide a handwritten or typed signature at the bottom of your will.
- If you are unable to sign due to illness or disability, you may have another party sign in your presence and at your directive.
In addition to executing your will properly, you must ensure that you draft its contents in accordance with Pennsylvania’s legal standards. That is, this document should clearly identify your beneficiaries, appoint an executor, and instruct how your property and assets should be distributed.
Why is getting notarization for my will helpful?
It is also worth mentioning that the Commonwealth of Pennsylvania does not mandate the presence and signatures of witnesses for your will. It may still be helpful to have witnesses, though, should there be any contest to your will down the road, and they must testify on your behalf before the Pennsylvania probate court.
However, the argument may still be raised that these witnesses forged your signature. Or that they coerced or unduly influenced you to sign this document. This is why having one notary public is arguably better than having two witnesses.
To reiterate, a notary public is meant to serve as an impartial witness. And so, they may help rule out the argument of fraud, without question. With their presence at your will signing, confirmed with an attached self-proving affidavit, potentially interested parties may no longer have a valid legal argument.
All of this to say, while lack of notarization does not automatically invalidate a will, it may open the door to this possibility or other troubles with your will’s execution in the future. This is easily preventable with a little extra effort on your part.
Before you start your will preparation, you must seek one of the skilled Butler County estate planning attorneys to stand by your side. Please contact our office, Heritage Elder Law & Estate Planning, LLC, as soon as you are ready.
