---
title: "Do You Need a Notary for a Will in New York? | MCC Solutions"
description: "New York will: no, not for the will itself, per the official page. What else the signing needs, and the next step."
url: "https://mcc-solutionsnj.com/notary/does-it-need-a-notary/will-new-york"
---

Does it need a notary? · New York

# Do you need a notary for a will in New York?

The answer from the state's own pages, what else a will needs to be signed properly here, and how to get it done.

✓ New Jersey commissioned notary, no. 50244803, insured for errors and omissions. [See the credentials](/about/credentials)

No, not for the will itself.

The signing rule on the official page we read asks for two witnesses, who sign within one 30-day period. The testator signs at the end of the will. A notary isn't part of that rule; one comes in for the self-proving affidavit, where it's used.

## In the official wording

"There shall be at least two attesting witnesses"

From the official pages listed below, checked November 2026.

## What else the signing needs

Self-proving affidavit

Witnesses can sign an affidavit, at the testator's request during life, before any officer authorized to administer oaths. The court accepts it as if the witness had testified.

"any officer authorized to administer oaths"

Interested witnesses

The will stands, but a gift to a witness is void unless two other witnesses who get nothing also signed. A witness who would inherit anyway can keep up to that share.

"void unless there are, at the time of execution and attestation, at least two other attesting witnesses"

Remote or video signing

Not now. Executive Order 202.14 let audio-video technology satisfy the presence requirement only from April 7, 2020 to June 25, 2021, as the Queens County Surrogate's Court noted in Matter of Holmgren (2022).

"for the brief period of April 7, 2020, to June 25, 2021"

Electronic wills

Not yet. The version of the execution section that takes effect December 12, 2027 refers to electronic wills under a new part six.

"electronic wills authorized by part six of this article"

Handwritten wills

Only for members of the armed forces in actual service during a war or armed conflict, people serving with them, and mariners at sea. These wills expire after a set time.

"written entirely in the handwriting of the testator"

Who can make a will

18 or older, of sound mind and memory.

"Every person eighteen years of age or over, of sound mind and memory"

## Next step

Plan an in-person signing, with the witnesses in the room. Online notarization of a will is generally not available through us: New Jersey's remote notarization law leaves wills and codicils out for signers outside the U.S. ([N.J.S.A. 52:7-10.10](https://pub.njleg.gov/bills/2020/PL21/179_.HTM)), and states set their own rules on video witnessing. Here: Not now. Executive Order 202.14 let audio-video technology satisfy the presence requirement only from April 7, 2020 to June 25, 2021, as the Queens County Surrogate's Court noted in Matter of Holmgren (2022).

Need a notary for the self-proving affidavit in New York? We can look for a mobile notary commissioned there; bring your own witnesses (two).

[Request a mobile notary in New York](/notary/mobile-notary-outside-new-jersey)

If a local notary in New York does it: Administering an oath or affirmation, and certifying it when required (unless another statute sets a fee), $2, under the state's fee rules ([New York notary fees](/notary/fees-by-state/new-york)).

## Worth knowing

Witnesses add their home addresses when the testator asks. Leaving an address off doesn't make the will invalid.

## Official sources

- [EPTL 3-2.1, Execution and attestation of wills (New York State Senate)](https://www.nysenate.gov/legislation/laws/EPT/3-2.1) (checked November 2026)
- [EPTL 3-2.2, Nuncupative and holographic wills (New York State Senate)](https://www.nysenate.gov/legislation/laws/EPT/3-2.2) (checked November 2026)
- [EPTL 3-3.2, Competence of attesting witness who is beneficiary (New York State Senate)](https://www.nysenate.gov/legislation/laws/EPT/3-3.2) (checked November 2026)
- [EPTL 3-1.1, Who may make wills (New York State Senate)](https://www.nysenate.gov/legislation/laws/EPT/3-1.1) (checked November 2026)
- [SCPA 1406, Proof of will by affidavit of attesting witness (New York State Senate)](https://www.nysenate.gov/legislation/laws/SCP/1406) (checked November 2026)
- [Matter of Holmgren, 2022 NY Slip Op 22049 (Surrogate's Court, Queens County, February 23, 2022)](https://www.nycourts.gov/Reporter/3dseries/2022/2022_22049.htm) (checked November 2026)

We are not lawyers, and this is general information, not legal advice. Checked November 2026. Rules change, and whoever receives the document decides what it accepts; we can't guarantee acceptance.

## Common questions

**Does a will have to be notarized in New York?**

No, not for the will itself. The signing rule on the official page we read asks for two witnesses, who sign within one 30-day period. The testator signs at the end of the will. A notary isn't part of that rule; one comes in for the self-proving affidavit, where it's used.

**Where does a notary come in for a New York will?**

The self-proving affidavit. Witnesses can sign an affidavit, at the testator's request during life, before any officer authorized to administer oaths. The court accepts it as if the witness had testified.

**Can a will be signed over video in New York?**

Not now. Executive Order 202.14 let audio-video technology satisfy the presence requirement only from April 7, 2020 to June 25, 2021, as the Queens County Surrogate's Court noted in Matter of Holmgren (2022).

**Can a beneficiary witness a New York will?**

The will stands, but a gift to a witness is void unless two other witnesses who get nothing also signed. A witness who would inherit anyway can keep up to that share.

## Keep going

- [New York will signing requirements](/notary/will-signing-requirements-new-york)
- [Will signing-day checklist](/notary/will-signing-day-checklist?state=ny)
- [Will witness rules in every state](/notary/will-witness-requirements-by-state)
- [A power of attorney in New York](/notary/does-it-need-a-notary/power-of-attorney-new-york)
- [A small estate affidavit in New York](/notary/does-it-need-a-notary/small-estate-affidavit-new-york)

A will in another state: [New Mexico](/notary/does-it-need-a-notary/will-new-mexico) · [North Carolina](/notary/does-it-need-a-notary/will-north-carolina) · [every state](/notary/does-it-need-a-notary?doc=will)

## Signing a will in person?

[Request a mobile notary](/notary/mobile-notary-outside-new-jersey)[Call (908) 444-6373](tel:+19084446373)
