Does a Will Need to Be Notarized in Massachusetts? Witnesses, the Affidavit and Where to Sign

Does a will need to be notarized in Massachusetts?

No. A Massachusetts will is valid without a notary stamp anywhere on it. What the law looks for is a written will with your signature on it, plus the signatures of two witnesses who saw you sign. A will that has all of that and no notary is still a will.

So why do so many wills come to a notary? Because of the affidavit. Most attorneys in Massachusetts attach a self-proving affidavit to the will and have it notarized at the same sitting. The affidavit isn’t what makes the will valid. It makes the will easier to prove after you’re gone, which is a different and very practical thing.

One line before going further. We’re notaries, not lawyers. This page explains how a will gets signed and where a notary fits in. It isn’t legal advice about what your will should say, and the drafting belongs with a Massachusetts attorney.

Two related points come up a lot. A handwritten will that skips the witnesses is a risk in Massachusetts, so don’t rely on one without talking to an attorney. And a change to a will, usually called a codicil, is signed with the same formalities as the will itself, witnesses included.

Where a notary does come in: the self-proving affidavit

The self-proving affidavit is a short sworn statement, usually one or two pages, attached to the end of the will. In it, you state that you signed the will willingly, and each witness states that they watched you sign and signed as a witness. All three of you sign it in front of a notary, who administers the oath and completes the notarial certificate.

Here’s why it matters. When a will goes to the Probate and Family Court, the court needs to be satisfied that the will was signed properly. Without the affidavit, that can mean locating the witnesses years later and getting their sworn statements. Witnesses move away. Some die. A neighbor who signed in 2012 may be impossible to find in 2040. With a notarized affidavit already attached, the court can generally accept the will without hunting for anyone.

That’s the whole reason it exists, and it costs a few minutes on signing day. Our self-proving affidavit guide covers the wording and the signing order in more depth.

Who notarizes a will in Massachusetts

Any commissioned Massachusetts notary public can notarize a self-proving affidavit, with a few limits. Knowing them saves you a wasted trip.

• Not a relative. A Massachusetts notary can’t notarize for a spouse, parent, child or sibling, or where the notary has a financial interest. The cousin with a commission might be fine, but a sibling isn’t. Our guide to notarizing for family members covers the edges of that rule.
• Not one of your two witnesses. The notary certifies that you and the witnesses swore to the affidavit. Having the notary double as a witness on the same signing invites questions you don’t want, so plan on two witnesses plus the notary.
• Someone willing to handle wills. Some bank branches and shipping stores decline wills as a matter of policy. Call ahead before you drive anywhere. The guide on whether the post office has a notary answers a question we get weekly.
• Someone who won’t give advice. A notary who isn’t an attorney can’t tell you what to put in your will or whether it’s valid. If a notary starts drafting, that’s a red flag.

Many estate attorneys keep a notary on staff and handle the whole signing in their conference room. Others send clients to an outside notary once the documents are final, or ask a mobile notary to meet the client at home. Both approaches work. What matters is that the witnesses and the notary are in the room with you and the will at the same time.

Where to get a will notarized in Tewksbury and Lowell

There are four practical options in this area, and the right one depends on who drafted the will and whether the signer can travel.

• Your attorney’s office. If the attorney who drafted the will has a notary and witnesses available, signing there is the simplest choice.
• Our office in Tewksbury. 1215 Main St, Unit 115, on Route 38 near the Lowell line, with parking at the door. By appointment Monday to Friday, 10 AM to 5 PM. No walk-ins, so call or book ahead.
• A mobile visit to your home. We drive to homes across Lowell, Dracut, Chelmsford, Billerica and the rest of the Merrimack Valley, and into Boston within 40 miles. Weekend appointments are mobile only, with a surcharge.
• A hospital or care facility. Signings at Lowell General Hospital, rehab centers and senior living facilities are possible when the signer is alert and able. The hospital bedside notary page explains how those visits run.

We can arrange witnesses on request if you don’t have two suitable adults. Tell us when you book, because the witnesses need to be scheduled for the same time as you.

Picture a widow in Pawtucketville whose attorney drafted a new will after her husband died. She doesn’t drive anymore, and her daughter works in Boston during the week. We set a Tuesday afternoon at her home and bring two witnesses. The will and the affidavit are finished at her kitchen table. The attorney gets the originals back the next day. For more on visits around the city, see our Lowell notary page.

Notary for a will signing: how the appointment runs

A will signing with an affidavit follows a set order. One person’s signing is a short appointment, and a couple signing mirror wills takes a little longer.

1. Book with the details

   Tell us if you’re bringing witnesses or need us to arrange them, and whether anyone else is signing. Couples often sign wills at the same appointment, along with powers of attorney and health care proxies.

2. Bring the final will, unsigned

   The attorney’s final version, every page, with the affidavit attached and nothing signed. Don’t initial pages in advance either. The witnesses need to see you sign.

3. Everyone shows ID

   You show a valid government photo ID, and so do the witnesses, because they’re swearing to the affidavit too. We record the act in our journal.

4. You sign the will

   You confirm that this is your will and that you’re signing it willingly. You sign where the attorney marked, and initial pages if the attorney asked for that.

5. The witnesses sign the will

   Both witnesses sign while you’re still at the table, on the lines the attorney prepared.

6. All three sign the affidavit under oath

   The notary administers the oath to you and to each witness. Each of you signs the affidavit, and the notary completes and seals the certificate.

7. The original goes somewhere safe

   Usually back to the attorney’s vault. If you keep it yourself, keep the original whole and unmarked in a fire-rated safe that someone else knows about.

Don’t take the will apart after the signing. Removing staples to make copies can raise questions later about whether pages were swapped. If you need copies, copy it carefully with the staples in.

Choosing the two witnesses

The witnesses matter more than people expect, because they’re the ones swearing that you signed. Pick adults who are calm and who will show up on time with valid ID.

Ideally, choose people who receive nothing under the will. That keeps their testimony clean if anyone ever questions the signing, and your attorney can tell you how much that matters for your particular will. Neighbors and friends work well. Your executor or your children are usually poor choices.

If you don’t have two suitable people, we can arrange witnesses on request. The witness requirements guide covers which Massachusetts documents need witnesses and who should stay out of the role.

Can a will be notarized online in Massachusetts?

Remote online notarization is authorized in Massachusetts, under requirements set by state law and the Secretary of the Commonwealth. Whether a particular will can be signed and witnessed remotely, and whether doing so is wise for your family, is a question for the attorney who drafted it.

For wills, we handle signings in person, either at our Tewksbury office or at your home. With two witnesses and an oath, in-person signing is simpler to get right, and the original stays in one piece. If you’re weighing the two for other documents, the online vs in-person notary guide lays out the trade-offs.

Mistakes that make a Massachusetts will harder to probate

• Signing alone at the kitchen table. A will signed with no witnesses is a problem waiting for your family. Signing in front of a notary alone doesn’t fix it either, because the notary isn’t a substitute for the two witnesses.
• Skipping the affidavit. The will is still valid, but your executor may have to find the witnesses later.
• Witnesses who leave early. Both witnesses need to stay for the affidavit. If one leaves after signing the will, the affidavit can’t be finished that day.
• Online templates with missing pages. Some printed will kits leave out the affidavit or use wording from another state. Have a Massachusetts attorney review anything you didn’t get from one.
• Handwritten changes after signing. Crossing out a name and initialing it doesn’t change a will. A codicil or a new will does, signed with the same formalities.
• Losing the original. A copy usually isn’t enough in probate. Know where the original is, and tell your executor.

If you’re putting together the rest of the plan at the same time, our estate planning checklist for Massachusetts families lists the other documents most families sign alongside the will.

What it costs to have a will notarized

In our office, notarization is $45 per notarial act, by appointment Monday to Friday 10 to 5. We’ll tell you how many notarial acts your package involves before you come in. Couples signing two wills, plus powers of attorney and proxies, add up act by act, so send us the list.

Mobile visits are flat by zone from our Tewksbury office. Zone I, within 5 miles, starts at $125. Zone II, within 10 miles and covering Lowell, Andover, Billerica, Chelmsford and Dracut, starts at $199. Zone III, within 40 miles and reaching Boston and Cambridge, starts at $278. Each includes 2 notary seals, with $35 per additional signature. Hospital visits are quoted individually. The full table is on our notary pricing page.

Mobile fees are nonrefundable within 24 hours of the appointment, so confirm your witnesses before you book a home visit.

Questions about getting a will notarized in Massachusetts