A will includes a variety of terms established by a testator that guide what happens after they die. The person establishing an estate plan chooses their beneficiaries, selects a personal representative and provides clear instructions regarding the distribution of their property.
The will that they draft with the assistance of an attorney is not valid and enforceable until the document bears the signature of the testator or their agent. They also typically need to secure witness signatures.
Some people make a point of hiring a notary to witness the will-signing process. Is notarization a legal requirement for a valid will in California?
Witnesses, not notaries, are necessary
Notaries are authorized by the state to validate the identity and capacity of a person signing legally-binding documents. Notaries are often present when people sign documents for residential real estate transactions. Their seal helps authenticate the document and deter questions about the identity or mental state of the people signing the documents.
However, notarization is not necessary for a valid will. California state statutes simply require the signatures of two witnesses. Generally speaking, witnesses should be competent adults. Ideally, they are people who do not have an interest in the estate as beneficiaries. A notary can serve as a witness to a will signing, but their presence is not mandatory.
Learning more about the requirements for valid wills can help people navigate the estate planning process. Testators typically do not have to pay a notary in addition to an attorney when drafting a will. Oftentimes, they can rely on people they know to serve as witnesses.