i got an answer from two attorneys. one said yes, and one said no. still trying to determine the correct answer.
I'll try to elaborate a bit on my previous answer. The reason that lawyers use "self proving affidavits" on wills is to avoid being required to have the witnesses appear when the client dies. Without that affidavit, the court could demand the presence of the witnesses, or affidavits executed by them, to establish that the requirements of the Statutes were met when the will was executed. That "self proving affidavit" can be signed by either a notary or by a lawyer, acting as a Commissioner of the Superior Court.
The ONLY requirements for a will to be valid in Connecticut are in the following section of the General Statutes:
"Sec. 45a-251. Making and execution of wills. A will or codicil shall not be valid to pass any property unless it is in writing, subscribed by the testator and attested by two witnesses, each of them subscribing in the testator's presence;but any will executed according to the laws of the state or country where it was executed may be admitted to probate in this state and shall be effectual to pass any property of the testator situated in this state.
This, the statutory requirements are that a will be (1) in writing, (2) subscribed [signed at the end] by the testator (the person signing the will), (3) attested to by two witnesses and (4) that the witnesses sign the will at the end and in the testator's presence.
I hope that this is clearer to you.
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General Practice Lawyer
I agree with the prior poster. Wills need not be notarized. HOWEVER, a notarization does help to prove that the will was actually executed by the testator (proof that the testator was who he/she says he/she was).
Still, the minimal amount of money an attorney would charge for a small estate plan, would seriously be worth it. Once the testator had passed, there is no changing things if the testator made an error.
Again, go see an attorney.
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