Does A Will Need To Be Notarized In Massachusetts?
Are you writing a will? If so, you need to make sure that all of the legal requirements for the document are satisfied so that it will be legally enforceable. You may be wondering: Does a will need to be notarized to be legally valid in Massachusetts? The short answer is “no.” Although getting a will notarized can make it easier to prove its legitimacy, it is not a legal requirement in the Commonwealth. Here, our Norwood estate planning attorney explains the key things to know about wills and notarization in Massachusetts.
Know the Law: Requirements for a Will in Massachusetts (Notarization is Not Required)
First and foremost, it is important to clearly state that Massachusetts law does not mandate notarization for a last will and testament for it to be legally valid. In other words, your will can be fully valid even if it is not notarized as long as it meets all of the Commonwealth’s legal requirements. Under Massachusetts law (Mass. General Laws c.190B § 2-502), a will must satisfy the following three basic standards:
- A will must be in writing and signed by the testator (creator);
- The Testator must be at least 18 years old and of sound mind at the time of the will; and
- The will must be signed in the presence of at least two witnesses, and those witnesses must also sign the document.
Notarization is not a legal requirement for a will in Massachusetts.
An Overview of Self-Proving Wills (Why You May Still Opt for Notarization)
Although a notary is not legally required for a will in Massachusetts, many people still opt to get their will notarized. Why bother going through the additional step? The short answer is that getting your will notarized can make the probate process easier for your family and loved ones. In Massachusetts, notarization can be used for a self-proving will affidavit. It involves the testator and the two witnesses signing an affidavit in front of a notary public.
In doing so, they will all attest to the proper execution of the will. The notary then notarizes the affidavit (not the will itself) and that affidavit can be attached to the will. A self-proving will make the probate more efficient. A Massachusetts probate court can admit the will without needing to locate or interview the witnesses. An affidavit that has been properly notarized is sufficient. Still, even in this case, the will’s validity fundamentally rests on the original signatures and the confirmation of the witnesses. The notarization is merely helpful for self-proving the will.
Contact Our Massachusetts Estate Planning Attorney Today
At Fisher Law LLC, our Massachusetts estate planning lawyer has the knowledge and experience that you can rely on. If you have any questions about requirements for a will, we can help. Contact us today for a fully confidential, no obligation initial consultation. With an office in Norwood, we provide will drafting and estate planning services in Boston and throughout the wider region in Massachusetts.
Source:
mass.gov/info-details/mass-general-laws-c190b-ss-2-502#:~:text=Section%202%2D502&text=Except%20as%20provided%20in%20subsection,or%20acknowledgment%20of%20the%20will.
