Notarize Wills & Trusts

California

• •Wills require two witnesses but notarization is not required
• •Self-proving affidavit can be attached and must be notarized
• •Living trusts are typically notarized though not legally required
• •Pour-over wills (used with trusts) follow standard will requirements
• •Holographic (handwritten) wills are valid without witnesses or notarization

California wills do not need to be notarized, but adding a notarized self-proving affidavit eliminates the need for witnesses to testify in probate court.

Texas

• •Wills require two witnesses and are valid without notarization
• •Self-proving affidavit is notarized and attached to the will
• •Holographic wills are valid if entirely in the testator's handwriting
• •Living trusts should be notarized for real property transfers
• •Texas Estates Code Chapter 251 governs will execution

Texas strongly encourages a notarized self-proving affidavit with every will. Without it, witnesses must appear in probate court to validate the will.

Illinois

• •Wills require two witnesses; notarization is not required
• •Self-proving affidavit under 755 ILCS 5/6-4 must be notarized
• •Living trusts are typically notarized
• •Illinois does not recognize holographic wills
• •Witnesses must be at least 18 years old and competent

Illinois does not accept handwritten wills. All wills must be typed and signed in front of two witnesses. A notarized self-proving affidavit speeds up probate.

Does a will need to be notarized?

In most states, no. A will needs two witnesses to be valid. However, a notarized self-proving affidavit attached to the will makes probate faster by eliminating the need for witnesses to testify in court.

Does a trust need to be notarized?

While not always legally required, trusts should be notarized, especially if they transfer real property. Notarization adds legal validity and helps prevent challenges from heirs.

How much does it cost to notarize a will?

The notary fee is $5-$15 per signature depending on your state. You may need multiple notarizations (testator and two witnesses on the self-proving affidavit), so budget $15-$45.