People often call asking to have a will notarized. In New York that is not quite how it works, and understanding the difference saves a wasted appointment.
Wills: witnessed, with a notarized affidavit
A New York will is valid when the person making it signs at the end in the presence of at least two witnesses, tells them it is their will, and the witnesses sign. The will itself is not notarized.
What usually is notarized is the self-proving affidavit. The witnesses sign a sworn statement describing the signing, and a notary notarizes their signatures. With that affidavit attached, the court can generally accept the will without tracking down the witnesses years later.
Will signings should follow the drafting attorney's instructions. Many attorneys supervise them in person. When a client cannot travel, the attorney may send a mobile notary with written instructions.
Health care proxies: two witnesses, no notary required
A health care proxy names someone to make medical decisions for you if you cannot make them yourself. In New York it must be signed and dated in front of two adult witnesses, who also sign. The person you name as your agent cannot be a witness. Notarization is not required.
Families often have the proxy signed at the same appointment as a power of attorney, since the witnesses are already in the room.
Living wills
A living will states your wishes about end-of-life treatment. It is typically signed in front of two witnesses. Many attorneys also have it notarized as extra evidence that it is genuine.
Powers of attorney: both
A power of attorney is the one that needs both a notary and two witnesses. See New York power of attorney signing requirements.
At a glance
| Document | Witnesses | Notary |
|---|---|---|
| Will | Two | For the witnesses' self-proving affidavit |
| Health care proxy | Two adults, not the agent | Not required |
| Living will | Two (customary) | Optional |
| Power of attorney | Two disinterested | Required |
| Trust | Per the document | Commonly required |
Who should be a witness
Adults who do not benefit from the document. Using a beneficiary as a witness to a will can cost that person their inheritance under New York law. When in doubt, use people with no stake in the outcome.
Common questions
Do I need a notary for my will in New York?
Not for the will itself. You need two witnesses. A notary is used for the witnesses' self-proving affidavit, which makes the will easier to admit to probate.
Does a health care proxy need to be notarized in New York?
No. It needs two adult witnesses, and the health care agent cannot be one of them.
Can a family member be a witness?
For a will, a witness who is also a beneficiary can lose what the will leaves them. For a health care proxy, the agent cannot be a witness. The safest choice is adults who have no stake in the documents.
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This guide is general information about New York notarial practice. It is not legal advice. For advice about your situation, consult a New York attorney.