How to Get a Will Notarized in New Jersey

Wills are one of the most misunderstood documents when it comes to notarization. Many people assume a will must be notarized to be valid, but notarizing and witnessing a will are two different things, and the requirements for each come from the document itself and the attorney who prepared it, not from the notary.

This article explains what a notary's role typically looks like in the will-signing process and where a notary's involvement fits alongside witnesses.

Witnessing versus notarizing

A will is generally signed in front of witnesses, separate from any notarization. Whether witnesses are required, how many, and what qualifies someone to serve as a witness are questions your attorney or the document itself will answer. A notary's role is different: a notary witnesses signatures and completes a notarial certificate, and does not determine whether the will itself is properly executed.

What a self-proving affidavit is

Many wills are paired with a separate document called a self-proving affidavit, which is a sworn statement signed by the testator and witnesses and typically notarized. This is the part of the process where a notary is most often involved. The notary administers the oath, confirms identity, witnesses signatures on the affidavit, and completes the notarial certificate.

Whether your will uses a self-proving affidavit, and what that affidavit must say, is determined by the document as prepared by an attorney, not by the notary.

What a notary can and cannot help with

• A notary can confirm identity and witness signatures on a self-proving affidavit or similar notarial certificate
• A notary can administer an oath or affirmation as part of that process
• A notary cannot advise on whether your will is validly executed
• A notary cannot explain what any clause in the will means
• A notary cannot tell you how many witnesses are required or who may serve as one

Questions about whether your will meets New Jersey's execution requirements should always go to an attorney. A notary's role is limited to the notarial act itself and cannot substitute for legal advice.

Preparing for the appointment

Have the complete document ready, along with valid identification for everyone who needs to sign or be sworn in front of the notary. If your attorney has specified where witnesses should sign versus where the notary's certificate belongs, keep that guidance on hand so nothing is signed out of order.

Does notarizing my will make it legally valid?

Notarization and validity are separate questions. What makes a will valid is determined by the document and the law, and those questions should be directed to your attorney.

Can the notary also be one of my witnesses?

Whether the same person can serve as both notary and witness depends on the document and your attorney's guidance; this is not something a notary can decide for you.

What is a self-proving affidavit for?

It is a sworn statement, usually notarized, that can simplify probate. Your attorney can explain whether your will includes one and what it requires.

Can a notary explain the terms of my will to me?

No. A non-attorney notary cannot give legal advice or explain what a document's language means.

Coordinating the testator and witnesses

A will signing often involves several people in the room at once: the person making the will, one or more witnesses, and the notary if a self-proving affidavit is being completed. When you schedule the appointment, let the notary know how many people will need to sign or be sworn, since each additional signer adds time and requires their own valid identification.

The roles in the room matter. Witnesses generally watch the testator sign the will itself, a step that is separate from anything the notary does. The notary's part typically comes afterward, when the testator and witnesses sign and swear to the self-proving affidavit in front of the notary. Your attorney's instructions, or the order printed on the document, should determine the sequence, and it is worth reviewing that sequence together before anyone starts signing.

When the testator is in a hospital or facility

Will signings frequently happen quickly, often at a hospital bedside or care facility when someone wants their affairs settled sooner rather than later. A notary can travel to these locations anywhere in New Jersey. What the notary cannot do is judge whether the testator has the capacity to make a will; that is a legal question that belongs with the drafting attorney. The notary can, however, decline to proceed with the affidavit if the testator does not appear to understand what is happening or seems to be acting under pressure.

What stops a will signing from being completed

• Blank pages, missing exhibits, or a document that does not match what the attorney sent
• A self-proving affidavit with no notarial certificate wording attached
• A witness or the testator arriving without valid identification
• Signatures already made before everyone is gathered in front of the notary
• Uncertainty about whether the person signing understands the document

Because a will is rarely re-signed casually, it is worth calling the attorney's office ahead of time to confirm the document is complete and that everyone knows their role. A short delay to fix a missing page is far better than an incomplete signing that has to be redone from scratch.

After the appointment

Once signed, the completed notarial certificate on the self-proving affidavit will show the date, the notary's name and commission details, and the notary's seal, and the notary will log the act in a journal of notarial acts. The signed original will, along with any affidavit, should be stored somewhere safe and known to the executor, such as with the drafting attorney, in a secure home location, or another place the family can access when it is needed. Sending the attorney a copy for their file is a good practice as well.

Scheduling your signing

Signed By Love Levon Notary Services can meet you and any required witnesses at a location that works for your family across Northern New Jersey, Monday through Saturday from 8:00 AM to 8:00 PM and by appointment on Sunday. Request an appointment through the contact form to arrange your signing.