When it comes to estate planning, confusion often arises about what makes a will legally valid—particularly concerning notarization. Many people assume that if a document is notarized, it is automatically valid and enforceable. However, in New York, notarizing a will is not only unnecessary but actually prohibited by law.

This article explains why New York bars notaries from using an acknowledgment on a will, what the law requires instead, and why this rule exists.

The Legal Requirements for a Valid Will in New York

Under New York’s Estates, Powers and Trusts Law (EPTL § 3-2.1), a will must meet the following formalities to be valid:

• The will must be in writing.
• The testator (the person making the will) must sign it at the end.
• The will must be attested by at least two witnesses, who observe the testator’s signature or hear the testator acknowledge the signature, and sign the will themselves, attesting that the testator appeared to have capacity and intended to execute a will.

Importantly, notarization is not part of this process. A notary public’s stamp has no role in making a will valid under New York law.

Why a Notary Acknowledgment Cannot Substitute for Witnesses

In some legal contexts, notarization plays an important role. For example, deeds or powers of attorney require an acknowledgment before a notary, where the signer declares that they executed the document voluntarily.

But wills are different. Even if a notary certifies the testator’s acknowledgment, this does not replace the statutory requirement of two attesting witnesses. The purpose of the witnesses is not simply to confirm identity but to verify that the testator signed the will voluntarily, with full capacity, and declared the document to be their last will and testament. A notary’s acknowledgment does not establish these facts.

The Proper Role of Notarization in Relation to a Will

Although the will itself is not notarized, notarization can play a role in simplifying probate through a self-proving affidavit. After the will is executed, the witnesses may sign a sworn affidavit stating that they observed the will being properly executed. This affidavit is typically notarized and allows the Surrogate’s Court to admit the will to probate without later requiring live testimony from the witnesses.

Critically, it is the witnesses’ affidavit that is notarized—not the will itself or the testator’s signature on the will.

Why New York Prohibits Notarization of a Will

Several legal and policy reasons explain why New York does not permit notarizing a will via acknowledgment.

1. Legal Requirements

New York’s statutory framework is strict. A will’s validity depends entirely on proper execution and attestation by two witnesses. A notarization cannot substitute for these requirements. Even if well-intentioned, a notarization by acknowledgment does not meet the statutory standards and would render the will invalid.

2. Evidentiary Safeguards

Witnesses serve an evidentiary purpose that notarization cannot fulfill. Their role is to testify (or later swear in an affidavit) that the testator executed the will with full understanding, was of sound mind, and did so voluntarily. A notary’s acknowledgment merely establishes that the signer appeared and acknowledged their signature; it does not provide the detailed assurances required for a will.

3. Fraud Prevention

The two-witness rule also functions as a safeguard against fraud, undue influence, or coercion. The presence of two disinterested witnesses makes it much more difficult to manipulate a vulnerable person into signing a will. A lone notary public provides far less protection against such risks.

4. Historical and Ethical Concerns

Historically, New York courts have taken a strong stance against notaries acting as substitutes for legal professionals in the context of will execution. In the 1931 case Matter of Flynn, the Surrogate’s Court condemned a notary who attempted to oversee a will signing, stating that this practice “cannot be too strongly condemned” because it risked invalidating the testator’s intentions and constituted unauthorized practice of law.

The New York Department of State echoes this position in its guidance to notaries: “A notary is cautioned not to execute an acknowledgment of the execution of a will,” warning that doing so may mislead the public and lead to invalid or unprovable wills.

Conclusion

While notarization serves a critical function for many legal documents, a will is a special case in New York. The validity of a will depends entirely on compliance with statutory formalities: proper execution and attestation by two competent witnesses. Notarization, specifically by acknowledgment, plays no part in establishing the will’s validity.

A notary may notarize a self-proving affidavit signed by the witnesses after the will is properly executed, but should never notarize the will itself or the testator’s signature on the will. This rule is designed to protect the testator’s intent, prevent fraud, and maintain the integrity of the probate process.

For notaries, attorneys, and individuals planning their estates, understanding this distinction is essential. Failing to follow these requirements could lead to unintended and costly consequences for a testator’s family and beneficiaries.