Notarization Not Required
A last will and testament is a complex document. California has specific laws regulating how wills are prepared and who must sign them. In order for a will to be valid in California, two witnesses must be present when the document is signed. A California will does not require notarization to be valid. However, a notary can serve as a witness to the signing of a will.
As you can see, this can be a complex and confusing subject. I strongly advise my clients to consult an attorney when drafting a will, to ensure that the document is properly prepared and executed. Some clients want to prepare a will on their own, but this could lead to the document being invalid if it written incorrectly. I strongly advise against preparing your own will.
Legal Advice & The Unauthorized Practice Of Law
A notary cannot give advice on how the client should execute their will. This is considered the unauthorized practice of law and is not only illegal, but can lead to serious liability for the notary. Due to the complexity and sensitivity of these documents, I do not notarize wills in California. However, if a will is part of a trust document that I am notarizing, I can act as one of the two required witnesses.
If you have additional questions, please call 619 731-0878 or request a San Diego mobile notary online.