James Roger Cohen's Answers

James Roger Cohen
Staten Island Probate Attorney.
Contributor Level 2

2

Attorney answers:

  1. James Roger Cohen
  2. William Ira Howell Acuff

Are wills usually notarized to be legal?

Asked by a user in La Vergne, TN - about 1 month ago.

No. Wills must be properly witnessed by two (2) independent witnesses. One of those witnesses can be the attorney draftsman. Most Wills today, prepared by lawyers, have a self proving affidavit attached. That affidavit is executed at the same time the Will is executed. It thus, avoids the necessity of tracking down witnesses after the testator dies, because the witnesses have already attested to the proper execution of the Will. That affidavit, in order to be accepted by the Court, must be...

4 lawyers agreed with this answer