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CAN A NOTARY B A WITNESS ON THEIR OWN SIGNATURE

Riverdale, GA |

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

Attorney Answers 4


  1. 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.


  2. 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; ....

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-668-3790 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at don@HawbakerLaw.) An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated my Law Office as a debt relief agency that can help people file bankruptcy.


  3. 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.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  4. 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 your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP hmgrmg@yahoo.com 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 gadebtlaw.com hicksmasseyandgardner.com serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation

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