Do you need a notary public to witness and sign a will to make it legally binding?

No. Notarization does not affect the validity of any will and does not provide any assurance of legality. It only verifies the identity of the person who signed it.

However, every state except PA requires two "subscribing witnesses" to the will; they must not be beneficiaries of the will.

Witnesses are used to show that the testator was of legal age, possessed the required testamentary capacity, executed the Will freely, and had full knowledge of the instructions made by the Will.

The answer to that varies with whatever state the will is being probated in. I live in Texas and the requirements from many other states are essentially the same. Specifically, a typewritten will drawn up as appropriate, must be signed by the testator (person making the will), two witnesses who are not related to the testator must be signed in the presence of a notary public who will then authenticate and sign as well.

A will that is hand written and signed by the testator need not be required. However, I am told by a lawyer that IF the will is contested, then the problem of proving the handwriting in the will is actually that of the testator.

No, you do not need a notary to make up a last will. But, if you do it alone, it must be completely written by hand!

A witness is NOT required, as long as it is in your handwriting and bares your signature!

However, it is really advisable to obtain the assistance of a public notary! You could request that the notary upon your death makes sure that your last will will be adhered to!

If you just leave a last will with your belongings, somebody may try to alter it or even destroy it!

Hello, Brother:

I made a will from a DVD and it was witnessed and signed, but note this, ANY WILL IS ONLY VALID if it is not contested. Then it must meet state requirements--and the judge will will determine its legality.

Most attorneys will write a will for minimal costs--it's not of the goodness of their heart, but they know if probate requires an attorney, they want the job and 20% commission.

Blessings, Ben

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