Is a will valid if the notary stamp has expired?

Answer 1

The only state where notarization is ever necessary for a will to be valid is Louisiana.

In EVERY OTHER STATE notarization AT MOST saves one step in probate: the further attestation by witnesses. That's true, for example, in New York State. But in California the attestation clause if properly done isn't notarized and has the same effect.

But as others have said, the validity of the notarization depends on the notary's commission being in force when it was done. A mistake in the rubber stamp doesn't affect that. Nor does the passage of time or the death of the notary. To prove that a notarization is valid, one goes to the county clerk and gets it certified. (Or in the case of a notarization abroad by a US consul, to the State Department in Washington.)

Answer 2

If when a document was notarized the notary had a valid commission it will be valid. This would be the case whether subsequently the commission expired (depending upon state they are only valid for a period of time) or if in fact the notary was commissioned at the time and for some reason used an outdated stamp--although in the latter case this would have to be proven.

In the case of a Will--the only part that is notarized is the self-attesting affidavit. This is an affidavit attached to a Will signed by the witnesses that states the person making the will appeared to them to be comptetent and freely and voluntarily signed the will. If the affidavit is not valid due to the lace of a properly notarized affidavit it may be necessary to bring these witnesses into court to testify in person that the person was competent and made the will freely. However, in most cases there is a presumption it is valid. The witnesses will only have to be brought in if someone challenges the validity of the will on the grounds that the person making it was not comptent or did it under some kind of duress.

Answer 3

If the instrument was notarized when the stamp had become expired, then then that would be a matter for the probate court to decide. In most cases, the answer would be yes. IF, the will was written 10 years ago and the Notary did not renew the instrument should still be valid.

Check the laws of your State or contact the local bar association, which usually will answer those type questions for free.

Answer 4

Yes! The" Notary Stamp" only indicates that the Notary (or AKA: the person who notarized the will) Public's commission expires on a certain date. All notary endorsements indicate an expiration date, and that date only refers to the Notary Public itself. The will is good and will always be good, unless the will's author revokes the will itself.

Answer 5

YES, as long as at the time the the will was dated and stamped the notary stamp was still valid.

Answer 6

It should be as long as it was not expired(valid) at the time it was used. The time the will was written should be considered. If it was written during the time span of the notary.

Answer 7

I don't think a notary stamp is even required. Just a witness.

Answer 8

Once the "will" is reduced into writing, notarized and witnessed, it is valid for all times to come until the same is changed/modified by the executor.