Does a Will Need to Be Notarized in Massachusetts?

The short answer

No. Under Massachusetts law, a will does not need to be notarized to be valid. It must be in writing, signed by the person making the will, and signed by at least two witnesses. However, most Massachusetts wills include a self-proving affidavit, which the person making the will and the witnesses sign under oath before a notary. A self-proved will can make the probate process simpler, which is why estate planning attorneys almost always use one.

What makes a Massachusetts will valid

• In writing. Massachusetts does not recognize oral wills for most people.
• Signed by the testator. The person making the will signs it, or another person signs on the testator's behalf, in the testator's presence and at the testator's direction.
• Signed by two witnesses. At least two people witness the signing, or the testator's acknowledgment of the signature, and sign the will within a reasonable time.

These requirements come from the Massachusetts Uniform Probate Code, M.G.L. c. 190B, §2-502.

What the self-proving affidavit does

A self-proving affidavit, authorized by M.G.L. c. 190B, §2-504, is a sworn statement by the testator and witnesses, made before a notary, confirming that the will was signed and witnessed properly. When a will is self-proved, the court can generally accept it without tracking down the witnesses to confirm how it was signed. That saves time and reduces the risk of complications if witnesses have moved or passed away.

Choosing witnesses

• Use adults who are not beneficiaries under the will, and who are not the spouses of beneficiaries.
• Witnesses must see the signing, or the testator's acknowledgment of the signature.
• All signers, including witnesses, should be present together for the self-proving affidavit.
• For bedside signings, plan witnesses in advance: hospital staff are often not permitted to serve as witnesses. See Boston Hospital Notary Guide.

Can a notary prepare or explain a will?

No. A notary who is not an attorney cannot draft a will, choose its terms or explain its legal effect. Wills should be prepared by an estate planning attorney. A notary's role is to identify the signers, administer the oath for the self-proving affidavit and complete the notarial certificate. A Massachusetts notary also cannot notarize for close family members, with a limited exception for documents prepared by an attorney. See What a Massachusetts Notary Can and Cannot Do.

How a will signing works with us

Many attorneys hold signings in their office, but clients often need a signing at home, in the hospital or in a care facility. We come to you, confirm the identity of every signer, coordinate witnesses when arranged in advance, administer the oath and complete the self-proving affidavit. When you also have a trust, health care proxy and power of attorney, we notarize the whole package in one visit. See Estate Plan Signing Ceremony and Estate Planning Signings.

Wills used outside Massachusetts

If you own property abroad or your estate will be administered in another country, that country may have its own requirements for wills, and you may need a separate will there. Ask your attorney. Documents later needed abroad, such as death certificates and court appointments, can be apostilled. See Trust and Estate Documents for Use Abroad.

Common will signing mistakes

• Using a beneficiary as a witness. This can create problems for the gift to that witness.
• Witnesses leaving early. Keep everyone present until the self-proving affidavit is signed.
• Missing pages or initials. Follow the attorney's instructions for initialing every page.
• Signing the wrong version. Confirm with the attorney that you have the final document.
• Unclear capacity. If there is any concern about the testator's understanding, raise it with the attorney before the signing.

Keeping the original safe

The original signed will is what the Probate and Family Court will need. Many attorneys keep originals in a safe; others give them to the client. Tell your personal representative where it is. Copies are useful for reference but generally do not replace the original.