CAN A NOTARY B A WITNESS ON THEIR OWN SIGNATURE

Asked about 1 year ago - Riverdale, GA

A NOTARY WITNESS AND SIGN A WILL, IS THE WILL LEGAL

Attorney answers (4)

  1. Donald F. Hawbaker

    Pro

    Contributor Level 15

    7

    Lawyers agree

    Answered . No, a notary cannot validly notarize or authenticate his/her own signature.

    However, the signatures of witnesses to a will need not be notarized for the will to be valid. There is a part of most wills called a "self-proving affidavit" which allows the will to be admitted to probate if the requirements of the statute on self-proving affidavits, including properly notarized signatures, are complied with. So, the will still is valid; it must, however, be proved up when offered into probate by the testimony of one or both witnesses.

    And it's possible that there were more than two witnesses (besides the notary) who signed the "self-proving affidavit" that the notary authenticated. If so, then their signatures will make the Will valid for purposes of being offered and admitted into probate without one or more of the witnesses needing to testify and authenticate the signatures to the court.

    O.C.G.A. § 45-17-8 (c) (1) provides:

    Disqualifications & Prohibited Actions

    A notary shall be disqualified from performing a notarial act in the following situations which impugn and compromise the impartiality of the notary:

    When the notary is a signer of the document which is to be notarized; ....

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  2. Barry Dean Broome

    Contributor Level 10

    5

    Lawyers agree

    Answered . A Last Will & Testament requires two witnesses to be valid. The presence of a notary means you don't have to find the witnesses to probate the Will.

    Hire a lawyer to do your estate plan. Please don't rely on the internet or a form to do the job for you.

  3. Glen Edward Ashman

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . The biggest mistake people make is not to have a will. The second biggest is to do it themselves and create one that is invalid (and as inexpensive as the fees are to have a lawyer do one, there's no reason to do one yourself).

    Georgia wills do not require a notary. They do require two witnesses. A notary can be added on a self-attestation clause that simplifies probate. And no, the notary cannot witness his own signature.

    If you'd like help with a will or have more questions, feel free to call me at 404-768-3509.

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  4. Robert M. Gardner Jr.

    Contributor Level 18

    3

    Lawyers agree

    Answered . It depends in whether or not you had two other witnesses. A notary cannot notarized their own signature.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base... more

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