What the statute says about witnesses
The New Jersey statute on how a will is executed is N.J.S.A. 3B:3-2. In plain terms, it says a will generally must be in writing. It must be signed by the person making the will, or by another person in that person's conscious presence and at their direction. It must also be signed by at least two witnesses, each of whom signs within a reasonable time after seeing the signing or hearing the person acknowledge the signature or the will.
Signing a will in New Jersey? The estate signing package (notary, witnesses and the Surrogate run).
That text lists witnesses. It does not list a notary. The same section also describes a narrow path for a writing in a person's own handwriting. That is one reason a short summary should never be your only guide, and why a person with questions should talk to an attorney before signing anything.
Witness, notary and self-proving affidavit are three different things
A witness watches or hears the person confirm the will and signs as a witness. A notary is a commissioned official who verifies identity and completes a notarial act. A self-proving affidavit is a separate sworn statement signed by the person making the will and the witnesses, taken before an authorized officer, and a notary is commonly the officer who does that.
New Jersey has a statute on this, N.J.S.A. 3B:3-4. It describes a will that is signed, witnessed and made self-proved at the same time, with statements from the person and the witnesses sworn before an officer who is authorized to take acknowledgments and proofs. People often say a will was notarized when they mean that this affidavit was notarized. For what it does and whether you want one, ask an attorney. Our guide Self-Proving Affidavit for a Will: Who Signs What goes through who signs what.
What a notary can do at a will signing
If your attorney or the will's instructions call for a notarized affidavit, a notary can verify each signer's identity, take their oaths or affirmations where the affidavit calls for them, and complete the notary's certificate. The notary needs each person to be present, to have acceptable identification, and to be willing and aware of what they are signing.
A notary does not read the will to advise on it, does not suggest changes, and does not tell you whether a witness is allowed. If the paperwork includes blanks, the notary will ask that they be completed before the notarial act, because a notary should not complete a certificate on an unfinished document.
What a notary cannot do
A notary cannot tell you whether you need a will, what should go in it, who should inherit, or whether the will is valid. The State's notary manual says a notary who is not a licensed attorney may not use or advertise the title of lawyer, and requires a statement in notary advertising that the notary may not give legal advice.
Questions about wording, witnesses, trusts, estates or taxes belong to an estate planning attorney. A notary who says everyone does it this way is guessing, and you should not rely on it.
Who makes good witnesses, in practical terms
The statute should be read with an attorney. Whether a particular person may serve as a witness is a legal question, so do not guess, and do not ask the notary to decide it. If your attorney will not be present, ask who should witness, and ask whether the witnesses and the notary should be present at the same time.
Bring identification for every person who will sign, including the witnesses if an affidavit is involved. Keep the signing calm and unhurried, and let the person making the will speak for themselves.
How to prepare for a signing day
Ask your attorney whether a self-proving affidavit is planned, and who will arrange the witnesses. Do not sign anything before the appointment unless told to. Make sure names on identification match the names in the document.
If the signer is ill or at home, a mobile notary can come to the signer. MCC Solutions can attend as the notary at an arranged signing while the attorney, family or advisor handles the legal side.
Common questions
Is a will valid if it is not notarized?
The statute describes witnesses, not a notary. Whether a particular will meets the rules is a legal question, so ask an estate planning attorney before relying on a general summary.
Can the notary also be a witness?
Ask the attorney who is arranging the signing. Rules about who may serve and in what role are legal questions. A notary can tell you what the notary is allowed to do as a notary.
Can a notary draft or correct my will?
No. A notary completes notarial acts and does not give legal advice or prepare legal documents for you. An attorney handles drafting and corrections.
More notary guides
- Power of attorney or directive notarized in a hospital
- Recording a Deed in NJ: Fees by County, Forms & Timeline
- Self-Proving Affidavit for a Will: Who Signs What
This guide is general information, not legal advice. Fees and procedures change; check with the office involved or an attorney for your situation.