Does a Will Need Notarization in California? Legal Guide

Short Answer

No. A will does not need to be notarized in California to be legally valid. California law requires proper signing and two witnesses, not notarization. In California, a will does not have to be notarized to be legally valid, but it does have to follow specific signing and witnessing rules under the Probate Code. Understanding the difference between notarization (which mainly verifies identity) and proper witnessing (which makes the will valid) is essential to ensure your final wishes are honored and your family avoids unnecessary probate complications.[1]

Introduction

A last will and testament is more than a piece of paper; it is a legal document that directs how assets and property are distributed after death. Yet, many people mistakenly believe a will must be notarized to be legally binding. That belief persists across states, fueled by confusion between notarization and witness requirements.

In California, estate law follows strict formal requirements. Therefore, understanding the difference between notarization and proper execution can protect loved ones from delays, disputes, and litigation. Moreover, in a nation of 50 states, where Louisiana operates under a civil law system and California under common law, state laws vary widely. What works in one state may fail in another.

Notarization vs. Self-Proving Affidavit in California

A notary public is a government-authorized official who verifies identity, confirms competency, and ensures a signer acts voluntarily and without undue influence. Notarization confirms the authenticity of a signature; it does not substitute for witnesses.

In California, a will does not need to be notarized to be legally valid; what matters is that it meets California’s signature and witness requirements under the Probate Code. Notarizing a will does not replace the need for two witnesses, and a will that is only notarized (with no proper witnesses) can be rejected or challenged in probate court.

Do California wills need notarization?

For a standard typed will in California, notarization is not required for validity.

A valid typed will generally must:

• Be in writing (on paper, not just a digital file).

• Be signed by the testator (the person making the will).

• Be signed by at least two competent adult witnesses, present at the same time, who understand they are witnessing the testator’s will.

If these witness requirements are met, the will is valid without any notary stamp.

Notarization vs. witnessing: why they’re different

Many people assume “official‑looking” notarization is what makes a will legal, but under California law notarization serves a different, limited function.

• Witnesses: Confirm that you signed the will voluntarily, were of sound mind, and understood the document.

• Notary: Confirms identity (that you are who you say you are) and that you appeared and signed, but does not satisfy the statutory witness requirement for wills in California.

So:

• A will with two proper witnesses but no notary can still be fully valid.

• A will with a notary stamp but no proper witnesses may be invalid or very vulnerable to challenge.

What the law says in simple terms

California Probate Code section 6110 (for typed wills) requires a will to be in writing, signed by the testator, and signed by two witnesses who are present together when the testator signs or acknowledges the will. The witnesses should be adults and ideally “disinterested,” meaning they are not beneficiaries under the will, to reduce conflict of interest and later disputes.

California also accepts holographic (handwritten) wills that are entirely in the testator’s handwriting and signed; those do not need witnesses, but they are often more easily challenged for clarity or authenticity.

Is notarization ever helpful for a will?

In most states, wills can be made “self‑proving” via a notarized affidavit so witnesses do not need to testify later, but California handles this differently.

Key points:

• California does not require a self‑proving affidavit or notarization for a will to be valid or to be treated as “self‑proved.”

• A properly signed and witnessed California will can effectively be self‑proved if the witnesses sign an attestation clause under penalty of perjury.

• Notarization may be used around related estate documents (like trusts, powers of attorney, advance health directives), which often do require notarization, but that is separate from the will’s validity.

Common mistakes to avoid

People in California often make errors that cause problems later in probate.

• Relying on a notary instead of witnesses

• Having only a notary’s stamp, with no witnesses, can leave a will invalid or difficult to admit to probate.

• Using only one witness

• California requires two witnesses; one is not enough and may lead to the will being rejected or heavily scrutinized.

• Having beneficiaries act as witnesses

• While a will may still be admitted, gifts to an “interested” witness can be limited or presumed problematic, creating disputes and possible loss of that gift.

• Relying solely on a handwritten will

• Although allowed, holographic wills are more vulnerable to challenges over meaning, intent, and even authenticity.

Practical checklist for Californians

If you are signing a standard typed will in California, you typically should:

1. Print the will on paper (not just keep a PDF).

2. Sign the will yourself in ink.

3. Have two competent adults, who are preferably not beneficiaries, watch you sign and then sign the will themselves in your presence and in each other’s presence.

4. Include an attestation clause for the witnesses if your form provides one (many statutory or lawyer‑drafted wills do).

5. Store the original in a safe but accessible place and tell your executor or close family where it is.

You generally do not need to pay a notary just for the will; save the notary cost for documents that actually require notarization, like many trusts, deeds, and powers of attorney.

Conclusion

A will reflects intent, protects loved ones, and governs how property is distributed after death. Yet, even small mistakes, missing witnesses, unclear signatures, or reliance on notarization alone can derail that intent and force heirs into probate court.

Estate planning works best when formality meets clarity. Moravec Varga & Mooney focuses on Probate, Trusts & Wills, Trust Administration, Medi-Cal Planning, Pre & Post Nuptial Agreements, and Estate Tax strategies. A properly executed estate plan saves time, preserves assets, and prevents disputes.

For peace of mind and legally sound execution, make the phone call.