Is it enough to have a Notary Public notarize a last will and testament, or are witnesses needed as well?

Question

My father lives in California and he has drafted a last will and testament which he plans to sign in the presence of a notary public, however, I've heard that a will needs to be signed in the presence of 3 witnesses and that in California a notary public is not even necessary. He wants to do the opposite though, have it ONLY notarized, without any additional witnesses (the only people he trusts as witnesses are mentioned as beneficiaries on the will and therefore cannot be used as witnesses). Would it still be a legal will?

Answer 1

DO NOT USE A NOTARY!

I'm currently being trained to become a notary public for California. One thing we learned in class is that specifically in California, if you have a will notarized it will automatically become invalid. California is one of those weird states when it comes to notaries, but this a serious case where you should definitely NOT use a notary.

As for the witnesses, all you need are two and neither of them can be the executor of the will or it is invalid.

But, I wouldn't take anything I say as legal advice. Speak to an attorney for this type of stuff.

Answer 2

Generally best to have at least 2 (3 is better) witnesses other than family members/parties mentioned in the will to help with any fraud questions. A self proving affidavit should also be available. All signatures should be notarized.

Answer 3

What are the requirements for signing a will in California?

To finalize your will in California:

you must sign your will in front of two witnesses, and

your witnesses must sign your will.

Notarization is not required in California to make your will legal.

Answer 4

I think you have to have witnesses.  My father had two witnesses on his will and we almost ran into a problem with his estate because the court actually required us to locate the witnesses so that they could affirm that they witnessed the signing of the will.  If the notary is in an attorney's office or at the bank where the notary is then it will be easier for you to locate them if you need to.  

Answer 5

A will can be legal with out any witness or notary.  The problem is if the will is contested then a judge or court has to decide if it is valid.  Witnesses and notaries make it easier to prove the will is valid.  So it is always recommended that you have witnesses.

Answer 6

The notary is the witness.  They can always use strangers, it doesn't have to be anyone your father knows.