Wills and trusts are some of the most sensitive estate planning documents people sign. But here’s a common misconception:
👉 Not every state allows wills to be notarized.
👉 Not every state requires notarization for validity.
👉 Trusts and wills follow completely different rules.
This guide breaks down state-by-state rules, explains when notarization is optional, required, or prohibited, and helps clients understand how notarization strengthens their estate documents.
1. Wills vs. Trusts — They Follow Different Rules
✔ Wills
A will directs who inherits property after someone dies.
Witness rules—not notarization—determine validity in most states.
Most states require:
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Two neutral witnesses
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Witnesses present at the same time
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Witnesses must see the testator sign
Notarization alone does NOT make a will valid in many states.
✔ Trusts
A trust manages assets during life or after death.
Trusts generally can be notarized or witnessed, and in many states a notarization is recommended or required for:
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Revocable living trusts
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Amendments to trusts
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Trustee certifications
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Real estate transfers into a trust
Unlike wills, trusts almost always may be notarized.
2. States Where Notarizing a Will Does NOT Make It Valid
In many states, notarization does not legally replace witness requirements, meaning a notarized will is still invalid if it lacks the required number of witnesses.
States where notarization does not replace witnesses include:
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California
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New York
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Pennsylvania
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Texas
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Illinois
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Colorado
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Georgia
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Alabama
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North Carolina
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South Carolina
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Louisiana
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Oregon
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Washington
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New Jersey
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Massachusetts
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Connecticut
In these states:
👉 The notary may notarize a self-proving affidavit, but not the will itself (meaning notarization alone does not make it valid).
👉 Witnesses are mandatory.
3. States Where Notaries Cannot Act as Witnesses for Wills
Some states do not allow a notary to serve as a witness for a will, even though they can notarize the self-proving affidavit.
Examples include:
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South Carolina
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Louisiana
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Some counties in Georgia (local probate restrictions)
4. States Where Wills May Include a Notary — But Witnesses Are Still Required
In these states, notarizing a will does not replace witnesses — but you can notarize a self-proving affidavit attached to the will:
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Florida
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Texas
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Arizona
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Nevada
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Ohio
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Virginia
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North Carolina
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Georgia
A self-proving affidavit:
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Confirms the will was signed correctly
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Speeds up probate
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Makes witness testimony unnecessary later
But it does not replace witness signatures on the main will.
5. States That Allow Notarization Instead of Witnesses (Very Few)
A handful of states permit “notarized wills,” where a notary’s acknowledgment can replace witness signatures.
Examples include:
✔ North Dakota
Recognizes a notarized will (optional witnesses).
✔ Colorado
Allows notarized wills under the Uniform Probate Code (but witnesses are still recommended).
✔ Montana
Permits notarized wills as an alternative to witnesses.
✔ Michigan
Allows notarized wills under specific conditions.
These states follow the Uniform Probate Code (UPC), which gives more flexibility.
6. Trusts: When Notarization Is Required
Unlike wills, trusts often must be notarized to be enforceable—especially for:
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Real estate transfers into the trust
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Amendments to the trust
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Trustee certifications
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Financial/banking authority forms
Almost all states accept notarization for trust-related documents.
Notarization is crucial because trusts often involve:
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Property titles
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Banking authority
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Financial assets
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Legal transfers
These require authentication that only a notarization provides.
7. When a Notary Must Refuse a Will or Trust Document
A notary must refuse if:
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The document still has blanks
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Witnesses are missing in states that require them
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The signer appears mentally incompetent
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The signer is pressured or coerced
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The signer lacks proper ID
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The notary is asked to certify the will itself (in states that do not allow it)
Many states prohibit notaries from notarizing a will unless it’s a separate self-proving affidavit.
8. How Clients Should Prepare
✔ For Wills
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Bring required witnesses (usually 2)
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Confirm if the state allows or prohibits notarization
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Use the notary for the self-proving affidavit
✔ For Trusts
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Bring ID and any trust amendment pages
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Ensure all trustee names match ID
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Bring deed documents if transferring property
Conclusion
Wills and trusts follow very different legal rules — and each state has its own notarization requirements. While trusts are widely notarized, wills often rely on witnesses and may not legally require or permit notarization. Understanding these rules prevents invalid documents and probate delays.
At Looking Glass Runners Notary, we guide clients through state-specific requirements and ensure their estate planning documents are notarized correctly — whether in-person, mobile, or online.
