Can a Notary Prepare a Will in Massachusetts?

The short answer

No. In Massachusetts, a notary public who is not also a licensed attorney cannot prepare a will, choose its terms, recommend what it should say or explain its legal effect. Drafting a will is the practice of law, and Massachusetts notary law specifically bars nonattorney notaries from steering people toward or away from a legal transaction. A will should be prepared by an estate planning attorney.

What a notary does is equally important: at the signing, the notary identifies each signer, administers the oath for the self-proving affidavit and completes the notarial certificate. That is the part of the process we handle.

What a notary does at a will signing

• Verifies identity of the person making the will and both witnesses with current government-issued photo identification.
• Administers the oath for the self-proving affidavit, in which the testator and witnesses swear that the will was properly signed and witnessed.
• Completes the notarial certificate on the self-proving affidavit.
• Keeps the signing orderly, so every page is signed or initialed as the attorney instructed and no one leaves before the affidavit is complete.

A Massachusetts will is valid with the testator’s signature and two witnesses; the notarized self-proving affidavit is optional but customary because it can simplify probate. See Does a Will Need to Be Notarized in Massachusetts?

A word about “notarios”

In many Latin American and European countries, a notario público is a highly trained legal professional who can prepare wills, contracts and property transfers. A notary public in the United States is not. If someone who is not an attorney offers to prepare your will or immigration papers because they are a notary, decline and contact a licensed attorney instead.

What each estate planning document requires

Because several documents are usually signed together, we notarize the entire estate plan in one visit. See Estate Plan Signing Ceremony.

Who should prepare your will

An estate planning attorney can draft a will that reflects your wishes, coordinates with any trust, accounts for property in other states or countries, and meets Massachusetts requirements. If you prepared a will from a template, consider having an attorney review it before you sign. We regularly work alongside attorneys’ offices and can hold the signing wherever your clients are, including hospitals and care facilities.

Witnesses and the notary

Use two adult witnesses who are not beneficiaries and not married to beneficiaries. Best practice is to have two witnesses in addition to the notary, and to keep all signers together until the self-proving affidavit is complete. For bedside signings, arrange witnesses in advance, because hospital staff are often not permitted to serve. A Massachusetts notary also may not notarize for close family members, with a limited exception for documents prepared by an attorney. See Massachusetts Witness Requirements.