does a will need to be notarized and signed by 2 witnesses?

[frank]

I wrote a will to get my sil through a time when she is worried. At the end of the will it has areas for her signature, a notary republic stamp and two witnesses. Are they all necessary or will the notary public cover the situation? I live in Iowa, United States.
s

 

[sengsational]

Nope, you need witnesses.

 

[Stormy Kromer]

I am in MN and have been a notary for almost 40 years. I am NOT an attorney and only an attorney can tell you what a legal will is.

The wills that I have notarized that were prepared by attorneys all required 2 witnesses and a notary.

I have been hauled into court to testify about my signature more than once, and these were all for wills prepared by an attorney.

I would also highly recommend that the witnesses and notary are in no way related to anyone in the will or a potential heir.

 

[Rocky mtn high]

Yes

 

[COcheesehead]

Witnesses yes. Notarized, no. Just went through all this with my sister’s estate.

 

[braumeister]

It's not perfectly simple, but the devil is in the details.
Most states have similar rules for the witnesses, but they are very specific as to the details of who can sign, when and where they sign, what qualifications they must have, etc.

 

[Gumby]

This is one of those occasions where it would be a reasonable investment to pay for an attorney who is licensed in your state and familiar with estate laws, so that it gets done correctly.

 

[engineernerd]

In Iowa wills need two witness signatures as well as the testator's signature. It appears that all three signatures being notarized makes the will "self-proving," otherwise the witnesses may need to testify in court to get the probate court to accept the will as valid. I'm not a lawyer but I did find the following online resources:

How to Make a Will in Iowa

How to create a will in Iowa, and what can happen if you don't.

www.nolo.com

https://www.legis.iowa.gov/docs/code/2026/633.pdf

The second link is to a long document, you'd want to start by looking at section 633.279 on pages 62-63.

There are complexities in the Iowa Probate Code around things like divorce and remarriage, so depending how complex or simple the family/heir situation is, it can be a good idea to involve an attorney.

 

[Sunset]

Very State specific.

The funny rule in IL is: A witness to the will signing should not be a beneficiary of the will. A witness who stands to inherit under the will may lose the right to that inheritance.

Meaning if you are asked to witness a Will, you aren't getting anything

 

[RetiredHappy]

Very State specific.

The funny rule in IL is: A witness to the will signing should not be a beneficiary of the will. A witness who stands to inherit under the will may lose the right to that inheritance.

Meaning if you are asked to witness a Will, you aren't getting anything

Please do not ask me to be a witness to your will. Being hopeful...

 

[FiveDriver]

Is it necessary to get two unrelated witnesses, and the owner of the Assets listed in the Will together in the same room at the same time with the Notary Signee ?

Does this Will need a "Medallion Signature" or just a Notary seal ?

How are updates or changes to this Will handled ?

My "Will & Testament" verifies that my DW is Beneficiary to all my Financial Assets and is listed as JTROS on the Deed to our Home. Is this sufficient ??

 

[Lorenzo]

Requirements for signature and notarization vary by state law.

 

[Stormy Kromer]

Is it necessary to get two unrelated witnesses, and the owner of the Assets listed in the Will together in the same room at the same time with the Notary Signee ?

Does this Will need a "Medallion Signature" or just a Notary seal ?

How are updates or changes to this Will handled ?

My "Will & Testament" verifies that my DW is Beneficiary to all my Financial Assets and is listed as JTROS on the Deed to our Home. Is this sufficient ??

Your attorney can answer all these questions.

 

[SecondCor521]

Requirements for signature and notarization vary by state law.

+1

I needed two witnesses for my will, and I chose my son and his girlfriend. Even though my son is one of the beneficiaries of my estate, that is permissible under Idaho law. The main requirement IIRC was that they both be over 18 or 21, which they were. I also had to drag them both into my bank with me at the same time because the notary needed to verify their identities in order to notarize the will.

 

[Lorenzo]

Requirements for signature and notarization vary by state law.

There is even a curiosity known as a holographic will, which in some states means it is valid if written in the testator's handwriting even though not witnessed. Other states that recognize holographic wills have their own variations on that. Wikipedia's entry for Texas' take on it, for example:

Texas – under the Texas Estates Code (which replaced the prior Texas Probate Code), "a will written wholly in the testator's handwriting is not required to be attested by subscribing witnesses."[52] However, a holographic will can be self-proved at creation by the testimony of two witnesses, both of whom must be at least age 14 when the will was formed (similar to a regular will); in addition, "Such a will may be made self-proved at any time during the testator's lifetime by the attachment or annexation thereto of an affidavit by the testator to the effect that the instrument is his last will; that he was at least eighteen years of age when he executed it (or, if under such age, was or had been lawfully married, or was then a member of the armed forces of the United States or of an auxiliary thereof or of the Maritime Service); that he was of sound mind; and that he has not revoked such instrument."[53] But if the will was not self-proved, at probate "a will wholly in the handwriting of the testator may be proved by two witnesses to his handwriting, which evidence may be by sworn testimony or affidavit taken in open court, or, if such witnesses are non-residents of the county or are residents who are unable to attend court, by deposition, either written or oral, taken in accordance with Section 51.203 [of the Texas Estates Code] or the Texas Rules of Civil Procedure."[54]

 

[Gumby]

And certain states also recognize nuncupative wills, which are oral but recorded by witnesses. This is why you need a qualified attorney in your jurisdiction, to sort this out and ensure that the will of the deceased is properly enforced.

 

[sengsational]

My wife was a "professional will signer" for a while. She'd get a call, go over to the neighbor's house, sign, get $25, and we'd blow it on dinner at the bar It was a perfect excuse not to cook that night. So far, no calls to testify.

 

[razztazz]

I wrote a will to get my sil through a time when she is worried. At the end of the will it has areas for her signature, a notary republic stamp and two witnesses. Are they all necessary or will the notary public cover the situation? I live in Iowa, United States.
s

I live in Iowa and had my Will done here in 2019. You need two witnesses and neither of them can be beneficiaries. I told the lawyer I didn't know two people who were not in the Will who were within 1500 miles or who I was close enough to, to even ask to be witnesses. Two of the secretaries who worked in the law office acted as witnesses which I assumed was part of their job at a lawyer's office. I'm sure I was not the first person to be in that situation.

 

[Stormy Kromer]

My wife was a "professional will signer" for a while. She'd get a call, go over to the neighbor's house, sign, get $25, and we'd blow it on dinner at the bar It was a perfect excuse not to cook that night. So far, no calls to testify.

I didn't charge anything Maybe that's why I got called into court so often. They thought I was a chump.

 

[mh]

Witnesses yes. Notarized, no. Just went through all this with my sister’s estate.

i would guess it's a good idea though to get it notarized anyways . no ?

 

[SecondCor521]

i would guess it's a good idea though to get it notarized anyways . no ?

Depends on the state and your goals.

In my state, for my will to be valid the witness signatures needed to be notarized, so that's what I did because I wanted my will to be valid.

Without notarizing, it's possible for the will to be valid but perhaps the witnesses might need to be located and testify to the probate court. That's a hassle I don't want.

 

[Murph]

interesting and timely topic. While reading all the comments, I realized why it is that so many people die without having a will what a bother!

 

[OldShooter]

I wrote a will to get my sil through a time when she is worried. At the end of the will it has areas for her signature, a notary republic stamp and two witnesses. Are they all necessary or will the notary public cover the situation? I live in Iowa, United States.
s

Why would you consult SGOTI rather than an Iowa attorney?

 

[67walkon]

Most states have a “self proving” provision that requires that the signatures be notarized. If the signatures are not notarized, a court can require the witnesses to come to court and testify they saw the testator/testatrix sign. There used to be 1 or 2 states that required 3 witnesses but most states just require 2.

You’re welcome.

 

[Buckeye]

I am in MN and have been a notary for almost 40 years. I am NOT an attorney and only an attorney can tell you what a legal will is.

The wills that I have notarized that were prepared by attorneys all required 2 witnesses and a notary.

I have been hauled into court to testify about my signature more than once, and these were all for wills prepared by an attorney.

I would also highly recommend that the witnesses and notary are in no way related to anyone in the will or a potential heir.

When my friend passed away in 2020 and I did a streamlined probate, things got held up because, even though the will had two witnesses, Florida also requires, or at least that County did, to state how the notary knew who these people were. I don't know if there actually should have been a driver's license number or just a notation that said the person presented their driver's license. Thank goodness the firm was still in business because they had to go to the courthouse and fix the will so we could wrap things up.