I’ve printed the Last Will and Testament. The signature page requires two witnesses as does the notary. Can this be done individually or do both need to be with me at the same time?
March 23, 2025
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Yes, I got your question. In New Jersey, here’s how it works:
2 Witnesses
- You must sign your will in the presence of both witnesses at the same time (NJ Stat. § 3B:3-2(a)(3)).
- The witnesses must also sign in your presence and in each other’s presence.
- They do not need to read the will, only to confirm that you are of sound mind and signing voluntarily.
Notary (Optional but Recommended)
A notary is not required for a valid will in New Jersey.
- However, if you want to make the will self-proving (so witnesses don’t need to testify later), you must sign a self-proving affidavit in front of a notary with both witnesses present at the same time.
Can the witnesses sign at different times?
No. They must both be present at the same time when witnessing your signature.
Can the notary be separate?
Yes. if you’re not making the will self-proving, then notarization is not required at all. The will is valid with just the two witnesses present together.
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I’ve printed the Last Will and Testament. The signature page requires two witnesses as does the notary. Can this be done individually or do both need to be with me at the same time?
I understand the importance of properly executing your Last Will and Testament. Have you already chosen your witnesses?
Yes.
Are you looking to have the witnesses and notary present at the same time for convenience, or is there a specific reason for wanting to do it individually?
I’m on a tight schedule and neither of their schedules match up together.
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your scheduling issue.
I have a notary — just want to know if the form requires everyone together or can I print out an extra copy and have each notarized?
This is in New Jersey.
Hi there! I’m Andres Sanchez, an Estate Law expert here to help with your Will and Testament questions. It sounds like you’re juggling a lot right now, so let’s figure out the best way to get everything notarized quickly.
Yes, I got your question. In New Jersey, here’s how it works:
2 Witnesses
- You must sign your will in the presence of both witnesses at the same time (NJ Stat. § 3B:3-2(a)(3)).
- The witnesses must also sign in your presence and in each other’s presence.
- They do not need to read the will, only to confirm that you are of sound mind and signing voluntarily.
Notary (Optional but Recommended)
A notary is not required for a valid will in New Jersey.
- However, if you want to make the will self-proving (so witnesses don’t need to testify later), you must sign a self-proving affidavit in front of a notary with both witnesses present at the same time.
Can the witnesses sign at different times?
No. They must both be present at the same time when witnessing your signature.
Can the notary be separate?
Yes. if you’re not making the will self-proving, then notarization is not required at all. The will is valid with just the two witnesses present together.
Your options:
Option 1: Hire a mobile notary
- Schedule a time when both witnesses can be present.
- A mobile notary can come to you.
- This is the most efficient way to get the will signed and self-proving.
Option 2: Sign the will without a notary
- Have both witnesses present and sign together with you.
- Skip the notary.
- Will is valid, but witnesses may need to appear in court later during probate.
Option 3: Separate notarization (not ideal)
- Sign the will with both witnesses.
- Later, you can sign an affidavit in front of a notary.
- However, this doesn’t make it self-proving — your witnesses could still be called in probate.
Attorney (conclusion)
If your goal is to avoid future court involvement, Option 1 is best. But if you absolutely can’t get them together, you can still complete a valid will without notarization — just be aware your witnesses may need to testify later.
Thank you this clears things up. I'll speak with them on what to do.
