Does a Will Need to Be Notarized in California?
This is one of the most commonly misunderstood questions in estate planning. The short answer: California does NOT require a will to be notarized. A valid California will requires:
- The testator's (will-maker's) signature
- Signatures of two adult witnesses who watched the testator sign
- Witnesses must not be beneficiaries named in the will (with limited exceptions)
However, while notarization is not legally required, adding a self-proving affidavit to your will — which IS notarized — offers significant practical advantages.
What Is a Self-Proving Affidavit?
A self-proving affidavit is a notarized declaration, signed by the testator and both witnesses, that confirms the will was properly executed. When attached to a will, it tells the probate court: "We swear, under penalty of perjury, that this will was properly signed and witnessed."
Why does this matter? Without a self-proving affidavit, the probate court may require at least one witness to appear and testify — which can be difficult or impossible if years have passed. A notarized self-proving affidavit allows the will to be admitted to probate without witness testimony.
Will-Related Documents We Can Notarize
- Self-Proving Affidavit — The most requested. Signed by the testator and both witnesses in front of the notary.
- Codicil to a Will — An amendment to an existing will. Should also be witnessed and may include a self-proving affidavit.
- Pour-Over Will — Commonly paired with a living trust to capture any assets not included in the trust at death.
- Executor Affidavits — Declarations signed by the named executor, sometimes needed during probate proceedings.
- Affidavit of Heirship — Used to establish heirship in small estate situations without full probate.
📋 Note: A holographic will (entirely handwritten and signed by the testator, with no witnesses) is valid in California but cannot be "notarized" in the traditional sense. If you have questions about your specific will, consult an estate planning attorney. We notarize — we do not provide legal advice.
What to Have Ready for a Self-Proving Affidavit
- Valid government-issued photo ID for the testator (will-maker)
- Valid photo ID for both witnesses
- The completed, unsigned will (or signed will + unsigned affidavit)
- Both witnesses present at the time of signing (they sign the affidavit, too)
- The self-proving affidavit form — your attorney should provide this, or we can point you to state resources
- Confirm witnesses are not named beneficiaries in the will
- Do NOT use a beneficiary named in the will as a witness — this can void the bequest to that person
- Do NOT sign the will or affidavit before the notary (and all parties) are together
- Do NOT assume notarizing the will alone is sufficient — a self-proving affidavit requires the testator AND both witnesses together
- Do NOT use only one witness — California requires two witnesses for a witnessed will
- Do NOT confuse a will with a trust — a will goes through probate; a living trust generally does not
Frequently Asked Questions
No. California does not require notarization for a will to be valid. However, adding a notarized self-proving affidavit is strongly recommended because it avoids requiring witnesses to appear in probate court and speeds up the probate process.
A self-proving affidavit is a notarized statement attached to a will in which the testator and witnesses swear that the will was properly executed. It allows the will to be admitted to probate without the witnesses having to appear in court.
Generally no. A notary must witness the signature. For a self-proving affidavit added to an already-signed will, the witnesses can sign the affidavit separately in front of the notary — but the will itself must have been originally signed in front of the witnesses. Consult an attorney if you have an older signed will you want to make self-proving.
California does not require an attorney to create a valid will. You can use an attorney, an online service, or write a holographic will entirely in your own handwriting. However, for estates of any size or complexity, an estate planning attorney is highly recommended. We notarize — we do not draft wills.
The notary fee is $15 per notarized signature — the California state-regulated maximum. A will typically requires notarization of the testator's signature. Travel fees start at $50 for standard locations and $65 for hospitals or care facilities. Call or text (916) 222-2251 for an exact quote.
Need a Will or Affidavit Notarized?
We come to your home or any location throughout Sacramento. Same-day and evening appointments available.