Q: In NYS does a will signing with witnesses (two) have to be attested by a lawyer, or could it be done by a Notary?
A:
Notary works. There are other requirements such as the following:
1) Bring a Govt issued Photo ID of Testator, 2) it's a good idea to have three Witnesses in case when you go for probate one is unavailable (a Notary Public may be present if the notary is not familiar with the attesting witnesses). 3) Introduce Testator to the witnesses. 4) Testator to be asked whether he /she: asked the witnesses to be present for the execution of the will, (it’s a good idea to read the affidavit of attesting witnesses, which basically says that the witnesses saw the testator sign and that they do not believe him had capacity and witnessed the signatures). 5) the testator should initial all pages of the will. 6) It's preferable (but not required) that everyone to use the same pen.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
