Does a New York will need to be notarized?

A New York will itself does not require notarization under EPTL 3-2.1 — it requires two adult witnesses. However, a self-proving affidavit (executed under EPTL 3-2.2) does require notarization and allows the will to be admitted to probate without the witnesses appearing in court.

Can the notary also be one of the two required witnesses?

Yes, as long as the notary is not a beneficiary under the will. We can serve as one of the two required witnesses alongside a second witness you provide or we arrange.

Can a will be executed at a hospital?

Yes. We do hospital will executions when a testator is ill or hospitalized. We recommend contacting us as early as possible so we can schedule the appointment and confirm capacity requirements with the attending staff and the estate attorney.

Notary Services

Will Witnessing and Notarization in New York

New York law requires a will to be signed before two witnesses — not a notary public per se, but the execution must be done in a specific manner under EPTL 3-2.1. While a notary's stamp is not required on the will itself, self-proving affidavits attached to the will do require notarization. We handle the notarial components of will execution and advise on what the situation requires.

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What we do

How we handle wills

We notarize the self-proving affidavit that accompanies a New York will, making the will admissible to probate without requiring witnesses to testify later. We also notarize any affidavits related to the will and can serve as one of the two required witnesses at the will signing (though the notary cannot also be a beneficiary). We perform these services in-office and via mobile visit.

Availability

In-office will signings are typically 30 to 45 minutes. Mobile appointments for will executions at private residences, hospitals, or nursing facilities are available with advance notice.

Pricing

In-office: $2 per notarial act. Mobile in Nassau/western Suffolk: $97 travel fee plus $2 per act. For hospital or facility will signings requiring expedited scheduling, contact us directly.

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FAQ

Questions about wills notarization

Does a New York will need to be notarized?: A New York will itself does not require notarization under EPTL 3-2.1 — it requires two adult witnesses. However, a self-proving affidavit (executed under EPTL 3-2.2) does require notarization and allows the will to be admitted to probate without the witnesses appearing in court.
Can the notary also be one of the two required witnesses?: Yes, as long as the notary is not a beneficiary under the will. We can serve as one of the two required witnesses alongside a second witness you provide or we arrange.
Can a will be executed at a hospital?: Yes. We do hospital will executions when a testator is ill or hospitalized. We recommend contacting us as early as possible so we can schedule the appointment and confirm capacity requirements with the attending staff and the estate attorney.

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