Do I Have To Notarize a Will And How Can I Notarize It in Oklahoma?

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Many wonder whether or not it’s necessary to notarize a will for it to be legally valid. While notarization is not a legal requirement for a will to be valid, including a self-proving affidavit that is notarized can make the probate process smoother and reduce the risk of challenges in court. This article explains the requirements for notarizing a will in Oklahoma, how to notarize a will, and the benefits of doing so.

Is Notarization Necessary to Make a Will Legal in Oklahoma?

In Oklahoma, notarization is not mandatory to make a will valid, however, there are still requirements a will must meet under Oklahoma law, including:

  1. The will must be in writing.
  2. The testator (the person creating the will) must be at least 18 years old and of sound mind.
  3. The testator must sign the will.
  4. At least two competent individuals must witness the will.

While not mandatory, signing and notarizing a self-proving affidavit simplifies the overall probate process.

What Is a Self-Proving Affidavit?

A self-proving affidavit is a notarized document that accompanies a will and confirms that the will was properly executed. In Oklahoma, the testator and witness sign the affidavit in the presence of a notary public. The affidavit eliminates the need for witnesses to testify in court during the probate process, making it easier to prove the validity of the will.

Without a self-proving affidavit, the probate court may require the witnesses to appear and testify that they saw the testator sign the will, which can delay the process and create additional complications.

How to Notarize a Self-Proving Affidavit for a Will in Oklahoma

Notarizing a self-proving affidavit for a will involves several steps:

Draft the Documents

The will should include a self-proving affidavit section or a separate affidavit document. The affidavit should include language confirming that:

  • The testator willingly signed the will.
  • The testator was of sound mind when signing the will.
  • The witnesses saw the testator sign the will and confirm that it was done voluntarily.

An attorney can help ensure that the affidavit complies with Oklahoma law.

Arrange for Witnesses

Oklahoma requires two competent witnesses who are at least 18 years old and not beneficiaries of the will. These witnesses must be present when the testator signs both the will and the affidavit.

Find a Notary Public

A notary public must witness the signing of the self-proving affidavit, verify the identities of the testator and witnesses, and notarize their signatures.

You can find a notary public at many places, including:

  • Banks or credit unions
  • Law offices
  • Local government offices
  • UPS stores
  • Online notary services

Sign the Affidavit in the Presence of the Notary

The testator and the witnesses must sign the self-proving affidavit in the presence of the notary public. The notary will then:

  1. Verify the identities of the signers.
  2. Confirm that the signers are acting willingly and understand the document.
  3. Notarize the affidavit by adding their official stamp or seal and signature.

After notarization, store the will and the affidavit in a safe and secure location, such as a fireproof safe or with your attorney. Ensure that your executor knows where to find the documents when needed.

What Happens if You Don’t Notarize the Self-Proving Affidavit?

If you choose not to notarize the self-proving affidavit, the will can still be valid. However, during the probate process, the court may require the witnesses to appear and testify that the will was properly executed. This can cause delays and added complications, especially if the witnesses cannot be located or are no longer living.

Tulsa Will and Trust Attorneys

In Oklahoma, you do not need to notarize a will for it to be legally valid. However, notarizing a self-proving affidavit significantly streamlines the probate process and lowers the risk of challenges. Working with a notary public and meeting all legal requirements protects your estate and ensures that the court honors your final wishes.

For assistance in drafting and notarizing your will, contact the Tulsa estate planning attorneys at Kania Law Office by calling us at (918)743-2233 or online.

Tulsa's Local Lawyers

Law ScaleAre you looking for Tulsa attorneys who will fight aggressively for you? Our team of attorneys have the experience needed in Oklahoma law to secure the outcome you deserve.

Call us today for a free consultation 918-743-2233 or contact us online.