Will Notarization in Sacramento: What California Requires
California does not require a will to be notarized. Here is what the law does require, and where a notary genuinely fits in the rest of your estate paperwork. We come to you anywhere in Sacramento.
What you need to know
Do You Need a Self-Proving Affidavit in California?
Nearly every online will kit mentions a self-proving affidavit: a notarized page, signed by the will-maker and both witnesses, that spares the witnesses from testifying in probate years later. Texas, Florida, and most other states work that way. California does not.
California gets to the same place without a notary. Your two witnesses sign the attestation clause on the will itself. Later, when the will is filed, the court can accept a written declaration from one of those witnesses instead of live testimony (Probate Code 8220), and in California a statement signed "under penalty of perjury" carries the same weight as a notarized affidavit (Code of Civil Procedure 2015.5). The state's own form for it, DE-131, has no notary block on it at all.
So notarizing a California will, or an out-of-state affidavit attached to one, does no harm. It just does not do what those forms promise: it will not stand in for your two witnesses, and it does not buy a probate shortcut California already gives you for free. If your will is governed by another state's law, that state's self-proving affidavit is real, and we notarize those.
Where a Notary Fits in an Estate Package
In nearly every estate package. California accepts a notary or two witnesses, and banks almost always want the notary.
Signed with either a notary or two qualified witnesses. Extra rules apply in a skilled nursing facility.
A living trust, its certification of trust, and the deeds that move property into it are all notarized.
The law allows a plain signed declaration, but banks and title companies often will not release anything without a notarized one.
Declarations the executor signs during probate, when the attorney or the court asks for them notarized.
For a will governed by another state's law. Texas, Florida, and most others really do use these, and we notarize them.
Legal requirements
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:
- Your signature, as the testator (will-maker)
- Two adult witnesses, both present at the same time, who watched you sign or heard you confirm the signature is yours
- Witnesses who do not inherit under the will, because a gift to a witness can be challenged and lost
That is the whole list. Nothing in California law adds a notary to it. The notary work at an estate signing is everything else: the power of attorney, the health care directive, the trust and its deeds, and any affidavit your attorney asks to have notarized.
Holographic Wills
A holographic will is valid in California with no witnesses at all, as long as your signature and the important terms are in your own handwriting (Probate Code 6111). Date it. Notarizing it adds nothing legally. If you have questions about your specific will, consult an estate planning attorney. We notarize; we do not provide legal advice.
Before we arrive
What to Have Ready for Your Appointment
Before your notary appointment, make sure you have the following:
Have ready
- Valid government-issued photo ID for every person whose signature will be notarized
- The documents completed but still unsigned, since a notary has to watch the signing happen
- If you are signing your will in the same visit, your two witnesses, both there at the same time, with their own photo ID
- Witnesses who are adults and who do not inherit under the will
- Any notary wording your attorney wants used, since the certificate has to match the document
- A table or hard surface to sign on. We bring everything else.
Common mistakes: what NOT to do
- Do not sign anything before the notary arrives: a signature made beforehand cannot be notarized
- Do not use someone who inherits under the will as one of your two witnesses: the gift to that person can be challenged and lost
- Do not use only one witness: California requires two, both present at the same time
- Do not assume a notary stamp makes a will valid: it does not, and it does not replace the witnesses
- Do not confuse a will with a trust: a will goes through probate, while a living trust generally does not
Will notarization questions
Frequently Asked Questions
Does a will need to be notarized in California?
No. California does not require a will to be notarized. A will is valid when you sign it and two witnesses, both present at the same time, sign it too. A notary stamp is not on that list and does not take the place of the witnesses.
What is a self-proving affidavit?
It is a notarized statement, used in Texas, Florida, and most other states, in which the will-maker and the witnesses swear the will was properly signed so the witnesses do not have to testify later. California does not use them. California reaches the same place through the attestation clause your witnesses already sign, plus a written declaration at probate that needs no notary.
Who notarizes a will in California?
Usually nobody, because California does not require it. What our notaries are actually called out for at an estate signing is the rest of the package: the durable power of attorney, the advance health care directive, and the trust with the deeds that fund it. As a mobile service we come to your home, hospital room, or care facility anywhere in the greater Sacramento area. We are notaries, not attorneys. We notarize signatures. We do not draft wills or give legal advice.
How do you notarize a last will and testament?
If you want a signature on a will notarized anyway, the signer meets the notary in person with valid photo ID, signs in the notary's presence, and the notary completes the certificate and applies the official seal. Be clear about what that does and does not do. It records who signed and when. It does not make the will valid on its own, and it does not replace your two witnesses.
Do the witnesses need to be present to notarize a will?
Both of your witnesses have to be present at the same time when you sign the will, or when you tell them the signature already on it is yours. That is a rule about the will, not about the notary. If a notary is handling another document in the same appointment, only the person whose signature is being notarized has to appear, with valid photo ID. Call or text (916) 222-2251 and we can walk through it before you schedule.
Can a will be notarized after it has already been signed?
No. A notary can only notarize a signature made in front of them, so a signature that already exists cannot be notarized later. If you have an older will and you are worried about proving it down the road, that is a question for an estate planning attorney. In California a will is proved on a witness's written declaration, so an already-signed will is usually less of a problem than people expect.
Where can I get a will notarized near me in Sacramento?
We come to you. As a mobile notary, we travel to your home, office, hospital, or senior-care facility throughout Sacramento, Placer, Yolo, El Dorado, Sutter, and San Joaquin counties, so there is no notary office to visit and no line to wait in. Evening, weekend, and same-day appointments are often available. Call or text (916) 222-2251 to set up a time and place that works for you.
Do I need an attorney to create a will?
California does not require an attorney to create a valid will. You can use an attorney, an online service, or write a holographic will, where your signature and the important terms are in your own handwriting. For an estate of any size or complexity, an estate planning attorney is well worth it. We notarize. We do not draft wills.
How much does it cost to notarize a will in California?
The notary fee is $15 per notarized signature, the California state-regulated maximum. Because a California will does not need to be notarized, most estate appointments are billed on the other documents in the package. The travel fee is $50 for standard locations and $65 for hospitals or care facilities. Call or text (916) 222-2251 to book. We take cash, credit card, Venmo, PayPal, and Cash App.
Related services
Ready when you are
Need Estate Documents Notarized?
We come to your home or any location throughout Sacramento. Same-day and evening appointments are often available. Call or text and we'll talk through exactly what you need.
Call or Text(916) 222-2251