However, a will can be made self-proving:Will form, execution, attestation.
474.320. Every will shall be in writing, signed by the testator, or by some person, by his direction, in his presence; and shall be attested by two or more competent witnesses subscribing their names to the will in the presence of the testator.
Written will self-proved, how.
474.337. 1. A written will may at the time of its execution, or at any subsequent date, be made self-proved, by the acknowledgment thereof by the testator and the witnesses, each made before an officer authorized to administer oaths under the laws of this state, and evidenced by the officer's certificate, under official seal, attached or annexed to the will in form and content substantially as follows:
THE STATE OF ******************************************.
COUNTY OF ******************************************....
I, the undersigned, an officer authorized to administer oaths, certify that ****************************., the testator, and the witnesses, whose names are signed to the attached or foregoing instrument, having appeared together before me and having been first duly sworn, each then declared to me that the testator signed and executed the instrument as his last will, and that he had willingly signed or willingly directed another to sign for him, and that he executed it as his free and voluntary act for the purposes therein expressed; and that each of the witnesses, in the presence and hearing of the testator, signed the will as witness and that to the best of his knowledge the testator was at that time eighteen or more years of age, of sound mind, and under no constraint or undue influence.
In witness whereof I have hereunto subscribed my name and affixed my official seal this ****************************. day of **************...., 20.. . (Signed) **************************************************************************************************************** (SEAL) ****************************************************************************************************************..
(Official capacity of officer)
Please post something to back that up for our OP's situation....a notarized signature has more clout than a non-notarized signature has...
I believe, since I re-read it again twice, the OP has been given a fully competent and complete answer to their question.To Oldandtired & Trustuser -
Please cite something - ANYTHING to show that the assertion is true for our OP's situation.
And THAT is false.hi anteater,
just wanted to make sure that you knew that i did not say that a will needed to be notarized to make it legal.
hi zigner,
dont know what you want me to cite ? a notary is a legal person whose job it is to verify the person who is signing. it is gonna be harder for someone to say said person was not aware of what he is doing, etc. that is not the case with a witness. the notary would be breaking the law. with regards to what anteater said about contests where notarization has made a difference, i cant say.
but i will say one thing - if someone is contesting my will, i would say that my chances are always as good, and possibly better with a notarized signature, versus one that is only witnessed.
2 people could get a relative to sign a document that was in their best interest, without the relative knowing what he was doing. that could not happen with a notary, unless the notary was willing to break the law for strangers.
That's the point - DON'T reply with false information.i am not interested in guessing games with you. if you want to provide some details with your answers, i will reply back.