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Does a will need to be notarized?

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ameee

Junior Member
What is the name of your state (only U.S. law)? Oklahoma Does a will need to be notarized in Oklahoma, and can the will be witnessed by the recipients of the will?
 
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anteater

Senior Member
Not only would it not hurt, you will save your nominated executor and witnesses a hassle when it comes time to probate the will.

By executing a notarized affidavit signed by the witnesses at the time of executing the will, the will becomes what is called "self-proving." With a self-proved will, the court should accept the will without having to contact the witnesses to verify that the witnesses actually witnessed the execution of the will.
 

Ohiogal

Queen Bee
Truthfully witnesses should not profit from what it is in the will. That could cause problems if anyone wants to contest it.
 

anteater

Senior Member
Truthfully witnesses should not profit from what it is in the will. That could cause problems if anyone wants to contest it.
Oooh... Good catch. I completely overlooked that part of the question.

Not just in case of a will contest. The OK statutes state:

Section 143 - Bequest to Subscribing Witness Void

All beneficial devises, legacies or gifts whatever, made or given in any will to a subscribing witness thereto, are void unless there are two other competent subscribing witnesses to the same; but a mere charge on the estate of the testator for the payment of debts does not prevent his creditors from being competent witnesses to the will.


Section 144 - Share of Witnesses if Entitled to Share Without the Will

If a witness to whom any beneficial devise, legacy or gift, void by the preceding section, is made, would have been entitled to any share of the estate of the testator, in case the will should not be established, he succeeds to so much of the share as would be distributed to him, not exceeding the devise or bequest made to him in the will, and he may recover the same of the other devisees or legatees name in the will, in proportion to and out of the parts devised or bequeathed to them.
 

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