However, attorneys in those states recommend drafting 'self-proving wills' to speed up the probate. In states such as New York and North Carolina, a will does not have to be notarized to be accepted for probate in the courts. Laws regarding the proper execution of wills vary greatly from state to state. You might also suggest that investing in a good attorney will prevent problems down the road with contested wills or wills thrown out in probate court due to sloppy execution procedures. In such cases, a savvy notary should decline to perform the notarial act and advise the person to contact an attorney for advice.

Problems can arise when a client presents a notary with a self-prepared will and the client depends on the notary to determine the appropriate notarial certificate. Such wills are drafted by attorneys with specific instructions and pre-printed notarial certificates for the notary to complete. Many notaries who encounter wills do so within the capacity of their occupation, for instance as a legal assistant or an employee of a law firm that handles wills and other estate-planning documents. Some states advise novice notaries against notarizing wills unless those notaries are knowledgeable about the practice. The person making the will is called a 'testator' if male and a 'testatrix' if female. Wills are highly sensitive probate documents that determine how a person's assets will be distributed after his or her death.

Does a will have to be notarized kansas