Hey all,
So I need to do a new will, I’m getting it from legalzoom, but the problem is that they need two witnesses to sign it. My sister can’t do it because she’s in the will, and I honestly just don’t want to ask anyone I know to do it. Isn’t there some way to pay people to do this (a small amount, not $300 an hour)? I think that notary publics couldn’t do it, but it seems like there has to be a simple, common way to just find people to sign a will without having to drag in people who you already know OR pay a lawyer. Any advice?
Go to a bank and ask this same question, preferably the bank you frequent. Depending on your state, a Notary might be able to help or suggest a solution. Banks, title companies, and real estate offices typically have Notaries. Even a law office might be able to help without involving the expense of a lawyer.
When I needed to have a document signature witnessed, I went to my bank.
To my surprise, they wouldn’t do it, because this particular document was something that involved the bank, so they had a conflict of interest.
So, I went over to a woman who was waiting for some help, and asked her if she would mind witnessing the signing, and she agreed. No money required.
The local office for my insurance company (home and auto) has a notary who is willing to notarize anything.
Yeah, I used Legal Zoom for my will, and I think you can use just about anybody.
Anecdote: I’m a notary, and a witness to my signature is required during certification. I walk up to a random person in the courthouse and ask if she or he will be my witness.
Libraries usually have a notary on staff, and other employees will be happy to act as a witness.
In some library districts, the library employees are prohibited from serving as witnesses and it is against the rules to solicit library patrons. I’m glad you’re lucky enough to have a helpful library staff, but I think it might be best to call in advance before making a special trip.
I had to get a bunch of documents notarized and witnesses, so I googled for “notary public name-of-city.” I called a couple and one said “Sure no problem.” He worked in a small shop with two other people. The lady who took passport photos and the lady that worked the fingerprint machine were my witnesses.
Also, the “mobile notary” lady would be glad to meet me at a Starbucks and bring witnesses for an outrageous fee. The guy at the UPS Store said that he worked there alone and couldn’t help.
But I needed to have the documents notarized, too. In most states, you don’t notarize wills, so check to see if they will do it even if the document does not need to be notarized.
Actually, now that I think about it, I recall that I was once working at a customer’s premises and one of the people there had just filled out a will and asked me to sign as a witness. I said “sure.” And then there was another time when my cow-orker in the next cubicle handed me a document over the wall and asked me to sign as a witness. “No problem.”
I would caution you that before you start getting documents notarized, you should check your specific state’s laws on that. If you screw up a will and it is not discovered before it’s needed, there are no “do-overs.”
I know that, despite what dictionaries say, US notaries and Spanish notarios are extremely different animals*, but I’m confused about this part. Is it correct for the US (and yes, I know it may depend on location)?
- For starters, a notario has to have a law degree and be a member of the colegio de abogados (lawyer’s professional association). Second, there is no such thing as “non-public” notarios; they’ve got to pass a specific civil service exam but count as self-employed, they can’t be anybody’s staff. And third, it’s the default person you call when you want to write a will or record a contract for a large sale.
Why? That’s what friends are for – you just take them out for coffee or a beer afterwards. Or co-workers, or fellow club members, etc.
Somebody that knows you is preferably to some random person at the courthouse – if it ever is contested, they can testify that they knew you, and you seemed in your normal state of mind, etc. Also, they are more easily located if needed.
For the same reason, it’s helpful to have people younger than you to do this. Most of our friends are usually about the same age or older, and so about of the same life expectancy. Does your sister have kids (of legal age) who aren’t in the will? A neighbor kid who shovels my snow and a buddy of his were glad to do this for me, for minimal cost.
You’re right. I think the proper term is notaries public.
It would depend on what capacity you are asking the notary public to sign in. If you have a buddy who is a notary public and want him to sign your will as a witness, that’s no problem. However, if you wish to have him notarize his own signature, that’s of dubious legality in some states. You would have to find a different notary to notarize his signature in some states.
A few states have what is called an employee notary rather than a notary public. An employee notary’s official activities can be controlled by his employer. For example, the employer can say that the notary can only notarize documents or administer oaths when authorized by the employer. The employee notary’s records must also remain with the employer when the notary quits.
The witness doesn’t get to read the will; they are just attesting that they ‘witnessed’ the signature. They don’t have to know you but need to be old enough to sign a contract. They should also both be there at the same time.
In spain, and in most countries a “notorio” is a respected job, usually also a lawyer
In the USA , a “notary public” is a joke.
Any citizen (with no criminal history) can call himself a notary, and use a nice fancy stamp-machine to emboss your document.
It used to be that most pharmacists were also notary publics. Because the drug store is open late at night, so it’s a convenient place to get your papers stamped any time.
A notary stamp is just theater for legal stuff. Sort of like the searches at airports are just theater for security stuff…everybody has to do it, and everybody knows it’s meaningless.
Thanks for all the replies! 
In Oregon, a will does not need to be notarized-- you just need witnesses. I’m not going to tell you all how old I am, but not as old as you might be thinking…;). I actually wrote my first will when I was 23. I don’t know, though… the more I think about it, the more I think that maybe I should do a will more formally with a lawyer. The biggest chance of a complication is that I could just see my mother contesting it if anything actually happened. Maybe what this question is morphing into is the best way to choose a lawyer simply to make a will? What have people’s experiences been with that?
Maybe in your state - but in my state, a notary public has to take and pass a test, although attorneys and court clerks are exempt from taking the examination. The notarization isn’t meaningless - but seems that a lot of people don’t understand what it means. Notarization means either that the notary is certifying the identity of a person who executed a written instrument and that the person acknowledged that he or she executed that written instrument or that the notary administered an oath to the person signing an affidavit and that the notary is certifying the identity of that person. It means that when I sell my house to you, the notary has checked my ID and taken my acknowledgement so that I can’t turn around later and say I never signed the deed. It doesn’t mean that the notary has independently verified the facts in the acknowledgement or affidavit.
Also, if they are doing it in front of a notary public, remember that they (and you) must have valid identification with them. Otherwise they can’t notarize your document.
In California, you do have to be commissioned by the state, the requirements of which include taking a course (3-6 hours), getting a background check, and taking a test (example here). So it’s a pretty low bar.
Nevertheless, it’s common in Southern California for some Spanish speaking notaries to take advantage of Spanish speaking immigrants, who mistake the cognate term and believe the notary can perform actions which–in the U.S.–in fact only lawyers truly can perform, including the provision of legal advice in immigration matters.
At least here in Ontario, the witness does not even need to read the will. I witnessed the will for my cousin’s mother (the relation was on his father’s side, so no kin to me). I was simply witnessing that she had signed, not the contents. Took about 60 seconds of my time.
My father (in New Jersey) had two of the workers in the Asisted Living sign.
But yes, a notary or witness is simply saying “I saw X sign this document”. They are not validating what the contents say. You signing the document is what validates the contents according to you.
Working in an airport coffee shop, I witnessed a few will signatures.
Always seemed a little weird, but it was common enough that we had an in house policy that it was OK to do it if were quiet and they bought a coffee.
I brought my will to work and had two co-workers witness it. As pointed out, all they are doing is saying that they witnessed you signing your will. My mom brought hers to the beauty salon and had a couple of ladies there witness it. My husband took his to a cigar shop and had a couple of acquaintances there act as witnesses.
In California, wills do not need to be notarized, so while a notary can act as a witness, it is not necessary to use (or pay) one to do this simple deed.