Creating a will is one of the most important steps in protecting your family and ensuring your wishes are honored after your death. Estate and probate law can be complex, and many people worry that they will miss something important. Massachusetts residents may wonder whether their will is considered valid if it has not been notarized, but the reality is more nuanced. Continue reading for more information and consult with an experienced Middlesex County will lawyer to secure skilled legal representation.
What Makes a Will Valid in MA?
In Massachusetts, any person over the age of 18 and who is of sound mind has the right to make a will. It is important that the testator (the individual who creates the will) understands the property that they own and the beneficiaries they are designating.
To ensure that your will is carried out according to your wishes, you must ensure that it meets the validity requirements of the state. According to Massachusetts General Laws Chapter 190B, Article II, Section 2-502, a will is valid if the following conditions are met.
- The document is in writing
- The document is signed by the testator or in the testator’s name by some individual in the testator’s conscious presence and by the testator’s direction
- The document is signed by at least 2 witnesses who witnessed the testator or their representative sign, or witnessed the testator’s acknowledgment of the signature or will
- The intent of the document can be established by extrinsic evidence
If the above criteria are met, the will is considered valid and will generally pass through probate court before being administered as intended.
What Happens if a Will is Not Notarized in MA?
You may notice that the document being notarized was not listed as a requirement under Massachusetts law. While many people assume that notarization is mandatory for wills, it is not required for validity in Massachusetts. A will that isn’t notarized is still perfectly valid, given that it meets the requirements outlined above.
As long as the will meets the signature and witness criteria, it can be admitted to probate even if it was never notarized.
Should I Get My Will Notarized?
As established, under state law, notarization is optional. The purpose of a notary in Massachusetts is not to make the will valid, but to create an extra layer of verification. It is often recommended to have your will notarized to ensure a smooth probate process.
When a will is notarized, it becomes “self-proved.” A self-proved will includes an affidavit stating that the testator and witnesses signed the document voluntarily and understood what they were doing. This affidavit eliminates the need for witnesses to appear in court after your death to validate the will.
If your will is not self-proved, the Probate and Family Court may have to locate your witnesses to verify its authenticity. If these individuals have moved, died, or cannot be located, the process can be delayed or complicated.
While it is not required by law, it is often beneficial to have your will notarized. For more information, contact a skilled estate planning attorney today.
