A remote notary validates your last will and testament by verifying your identity over live video, witnessing your signature, and attaching an official seal, the same legal function an in-person notary performs. Notarizing your will creates a self-proving affidavit, which lets your witnesses skip testifying in probate court, and most states now permit this process to happen entirely online.
What Does a Notary Actually Do?
A notary public is a state-appointed official who acts as an impartial witness to signing important documents. For a will, that means:
- Verifying identity by checking a government-issued photo ID such as a driver's license or passport.
- Witnessing the signature and confirming it matches the signer's identification.
- Confirming voluntariness, meaning the signer understood the document and was not under duress.
- Applying an official seal and recording the transaction in a notarial log.
Notaries are appointed and regulated by state government, and the requirements to become one vary by state, but the core function, an impartial witness who deters fraud, is consistent nationwide. Many states base their notary rules on the Revised Uniform Law on Notarial Acts, model legislation from the Uniform Law Commission that standardizes notarial procedures, including remote and electronic notarization, across the states that adopt it.
What Is a Self-Proving Will?
When a will is notarized along with a sworn affidavit from the witnesses, it becomes what the law calls "self-proving." According to Cornell Law School's Legal Information Institute, a self-proving will fulfills specific requirements that let it be validated without the witnesses appearing in probate court. Without a self-proving affidavit, the court can require your witnesses to testify about how the will was signed, which is inconvenient at best and impossible if a witness has died or moved away.
Can a Will Be Notarized Remotely?
Most states now authorize some form of remote online notarization, a shift that accelerated when in-person appointments became difficult during the COVID-19 pandemic. A remote notary uses live video and identity verification technology to perform the same functions as an in-person notary, then applies an electronic seal to the document. Rules on which documents qualify and what technology is required still vary by state, so confirm your state's current requirements before relying on remote notarization for a will. New York, for example, made its own rules explicit; see how New York approved remote notarization of wills for that state's specifics.
Steps to Notarize Your Will Remotely
- Finish and sign your will first. The notary's role is to witness an already-completed signing, not to draft the document.
- Schedule a session with a remote notary. FastWill connects you with a partner notary service directly from your account once your will is complete.
- Have your government-issued ID ready. You will upload or display it on camera for identity verification.
- Bring your witnesses to the same video session. Most states require at least two witnesses who are not beneficiaries under the will.
- Sign in view of the notary. You and your witnesses sign while the notary observes over video, then the notary completes the notarial certificate and seal.
Why Notarization Helps Even When It Is Not Required
Most states do not require a will to be notarized to be legally valid, but skipping it removes a layer of protection. A notarized signature is harder to dispute later, which matters if a family member questions whether an elderly relative truly signed the document, or whether someone attempted to forge a signature. A self-proving affidavit also shortens probate, since the court can accept the will without hearing from your witnesses first.
Choosing Your Witnesses
Before you schedule your notary session, identify two people to serve as witnesses. States commonly require witnesses to be at least 18 years old and to not stand to inherit anything under the will, since a witness who is also a beneficiary can create a conflict of interest that some courts scrutinize closely. Ask your witnesses to be available for a single video call, since the entire process typically takes less than 30 minutes once your will is finalized.
A Worked Example
Say you finish your will on a Tuesday evening and want it notarized before a work trip that weekend. You would schedule a remote notary session, invite your sister and a neighbor to join the same video call as your witnesses, and have your driver's license ready. During the call, the notary confirms all three identities, watches you and your witnesses sign, and completes the notarial certificate with an electronic seal and timestamp. You leave the call with a signed, witnessed, and notarized will, all without anyone leaving their house.
Common Mistakes to Avoid
A few avoidable errors show up often with remote notarization:
- Signing before the video session starts. The notary needs to witness the actual signing, so sign your will and any affidavit during the call, not beforehand.
- Choosing a witness who inherits under the will. Even where it is technically allowed, an interested witness gives an unhappy relative something to argue about later.
- Skipping the ID check. Have your unexpired, government-issued photo ID on hand before the call starts so the session is not delayed.
- Assuming every state treats remote notarization the same way. Confirm your state's current rules, since requirements for technology, recording, and eligible documents differ.
Protecting Your Last Wishes with FastWill
If you have already drafted your last will and testament with FastWill, notarizing it is the last step toward a will that a probate court is highly likely to accept without additional proceedings. FastWill's online will builder walks you through drafting, then connects you with a remote notary partner so you can complete witnessing and notarization from home, on your own schedule. For a broader look at how notarization fits into the rest of your documents, read how remote notary services assist estate planning.
Frequently Asked Questions
Is a notarized will automatically valid?
Notarization alone does not make a will valid. You still need to meet your state's requirements for age, capacity, signature, and witnesses. Notarization adds the self-proving affidavit on top of an otherwise valid will.
Do all states allow remote notarization of wills?
Most states now permit some form of remote online notarization, but rules on eligible documents and required technology differ, so confirm your state's current law before relying on it.
Can my witnesses be in a different location than me?
For a will, most states want the signer and witnesses observing the same signing in the same video session, even if they are physically in different places.
What happens if I do not notarize my will?
Your will can still be valid without notarization in most states. You simply lose the self-proving benefit, meaning the court may need live witness testimony to admit the will to probate.
Can a beneficiary act as my witness?
It is legal in some states, but risky. A witness who is also named in the will can create grounds for a challenge, so most people choose disinterested witnesses instead.
Ready to finish your estate plan? Start with FastWill's online will builder, then use our remote notary partner to make your will self-proving in one sitting.
