Aside from the testator’s capacity, the testator must simply sign the will at the end of the document in front of two witnesses or acknowledge to the two witnesses that he signed the instrument, declare to at least two witnesses that the instrument he is signing is his will, and two witnesses must attest or acknowledge the testator’s signature in the will. EPTL § 3-2.1(a)(4).īased on these requirements, there is no need for a will to be notarized. Two witnesses must, within 30 days from each other, attest the testator’s signature as affixed or acknowledged in the witnesses’ presence.Testator must declare to the witnesses that the instrument he is signing or has signed is his will.Testator must sign in the presence of two witnesses or must acknowledge to each of the two witnesses that the signature in the will is his.Another person can sign the will in the name of the testator, but the signing must be done in the testator’s presence and under the testator’s direction. Testator must be at least 18 years old and of sound mind and memory.In New York, a will is validly executed if it has the following requirements: However, a self-proving affidavit executed by your witnesses will make the probate of your will easier because your witnesses do not have to testify anymore. Generally, in most states, a will does not have to be notarized. If you are thinking of executing a will, one of the many questions you may be asking is whether a will has to be notarized.

Does a will have to be notarized in nys