Can a deceased person leave behind an unnotarized typed-up Will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a deceased person leave behind an unnotarized typed-up Will?
When my grandmother was alive she told her children and I that she made a complete error on her old notarized Will from years ago. Her old Will was a short one sentence incomplete Will that she wanted to void out altogether but unfortunately she forgot to get her new Will notarized, as she left behind her new Will in her bedroom that she signed and dated a few months ago before she passed away. In the new updated Will she left behind it says all of her estate in details goes to her children and I, as a equal split. Can her children and I take the new Will to probate court to void out the old Will?
Asked on August 29, 2018 under Estate Planning, Maryland
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Your grandmother's second Will voids the first as long as it was properly drafted, executed and witnessed. This means that her signature must have been witnessed by 2 adults who are not named as beneficiaries in the Will. Further, a Will need not be notarized. That having been said, many Wills are what is known as "self-proving" which means that are witnessed by 2 people who certify that it was actually signed by the decedent (i.e. "testator"). This is accomplished by a self-proving affidavit that is attached to the Will. Then when the Will is submitted for probate, there is no need to track down the witnesses.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
A will does not need to be notarized, though notarization streamlines probating the will by providing evidence that the person signing the will was in fact the testator (person making the will). However, a will's signing must be witnessed by two people, both over the age of 18, who are not receiving anything under the will, and those witnesses must also sign. If the will was properly signed and witnessed, it should be valid; but if not properly witnessed and signed, it would not be.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.