Can a will be both witnessed and notarized

Q: What's the difference between witnesses and a notary for a will?

Witnesses observe you signing the will and attest to your competence, while a notary verifies your identity and signs a certificate. Both are important, but witnesses are legally required, and a notary creates a self-proving affidavit that simplifies probate.

Q: What happens if a witness isn't properly present?

If a witness isn’t present at the signing, or if there aren’t two qualified witnesses, the will can be deemed invalid, leading to a costly probate battle and distribution of assets according to California's intestacy laws.

Q: How do I ensure my will is validly executed?

Ensure you have two disinterested witnesses present at the signing, have the will notarized, and follow proper execution procedures, including the correct order of signatures and ensuring everyone understands they are signing a will.

Can a will be both witnessed and notarized?

James stood pale and trembling as his daughter read the probate judge’s decision. Despite meticulously drafting his will years ago, a technicality regarding witness presence invalidated the entire document. The cost? Over $50,000 in legal fees and a prolonged, emotionally draining battle to administer his estate according to California’s intestacy laws.

What’s the difference between witnesses and a notary for a will?

A California estate planning attorney is supervising the attestation of a will alongside two adult witnesses present in a professional law office discussing: Whats the difference between witnesses and a notary for a will

Many people mistakenly believe that simply having a will notarized is enough to make it legally valid. While notarization is highly recommended, it doesn’t replace the essential requirement of having qualified witnesses. Here’s a breakdown:

Witnesses: These are individuals who observe you signing your will and attest to your competence and voluntary act. California law requires two witnesses, and they must be present at the same time as you sign, and sign themselves in your presence.
Notary Public: A notary’s role is to verify your identity and witness your signature, then to complete a notarial certificate attesting to those facts. A notarized will is often considered “self-proving” thanks to the provisions of Probate Code § 8220, which streamlines the probate process by removing the need to track down witnesses later.

Can you have both witnesses and a notary?

Absolutely. In fact, I strongly recommend it. A will can, and often should, be both witnessed and notarized. The notary can even serve as one of the witnesses, provided they meet the legal requirements (i.e., they are not a beneficiary named in the will). The combination of properly attested witnesses and a notarized self-proving affidavit significantly reduces the risk of challenges during probate.

What happens if a witness isn’t properly present?

This is where things can get complicated. If a witness isn’t physically present at the signing, or if there aren’t two qualified witnesses, the will can be deemed invalid. This leads to a costly and time-consuming probate battle, potentially forcing your estate to be distributed according to California’s intestacy laws, as was the case with James. If the will fails, assets may fall under intestacy, though estates under $208,850 (effective April 1, 2025) might still avoid full probate.

What if a witness is also a beneficiary?

This is a common question. According to California Probate Code § 6112, if a witness is also a beneficiary, the gift to that beneficiary may be voided, though the rest of the will remains valid. The witness’s gift is essentially “purged” from the document. To avoid this issue, it’s vital to have at least two disinterested witnesses – individuals who receive nothing from the will.

How do I ensure my will is validly executed?

As an Estate Planning Attorney and CPA in Temecula, I’ve seen firsthand the devastating consequences of improperly executed wills. My CPA license allows me to address the tax liabilities and step-up in basis implications, ensuring your estate plan is financially sound. Here’s what I recommend:

Qualified Witnesses: Select two disinterested individuals who are present at the signing.
Notarization: Have your will notarized to create a self-proving affidavit.
Proper Execution: Ensure all signatures are witnessed in the proper order, and that everyone understands they’re signing a will.

While California allowed temporary remote witnessing during the pandemic, strict adherence to current presence requirements is critical to avoid invalidation. Don’t risk leaving your loved ones with a legal and financial mess. Consult with an experienced estate planning attorney to ensure your will is validly executed and your wishes are honored.

You can find more information about probate procedures at Riverside Superior Court – Probate Division.

How do you finalize your estate plan to ensure it works?

Using a beneficiary as a witness is a common “kitchen table” mistake that can have devastating consequences. Under California law, an “interested witness” creates a presumption of duress.

The Presumption: The court assumes the witness coerced the testator.
The Penalty: The witness may lose their entire inheritance to the extent it exceeds their intestate share.
The Fix: Always use disinterested, independent witnesses.

To ensure a smooth probate process later, please review our guide on using a self-proving affidavit for a will to find the best solution. Whether you are worried about the validity of an old will or preparing to sign a new one, expert supervision is your best defense against future contests. We are dedicated to providing rigorous legal support to families in San Diego and Riverside Counties. Call us today to schedule a signing appointment and take the final step in protecting your family.

About Steve Bliss: An estate planning attorney in Temecula

The Law Firm of Steven F. Bliss Esq. is a dedicated legal firm serving Temecula, Riverside County, and the Inland Empire. Led by Steven F. Bliss, the firm offers a unique advantage: Steve is an experienced CPA & Estate Planning Lawyer.

Whether the court requires a formal probate or allows for an unsupervised process, having a skilled attorney is essential to avoid delays. Don’t face the costly and confusing legal process alone—call attorney Steve Bliss today.