At the library, we receive many requests to notarize wills. This seems like a simple request, but it’s more complicated than you might think.
Some states require wills to be notarized; some don’t. In Oregon, wills are not required to be notarized. To finalize a will, you need only to sign and date the will before two witnesses. Some online will-making sites will include a space for notarization, even if your particular state does not require it.
However, in Oregon, more documentation is needed to avoid probate. Probate is the process by which the state determines that your will is valid. It can take a long time to go through probate, and it makes the post-death paperwork even more overwhelming.
To avoid probate, Oregon allows for “self-proving affidavits,” or official documents that prove your witnesses’ identity. Here is an example of a self-proving affidavit form. These forms DO have to be notarized. To have these forms notarized, you and your witnesses need to be physically present. To make a notary appointment with the library, click here. You can also find a notary through your bank or at some UPS/mailbox stores, but they will most likely charge $10/signature.
For more information, check Nolo’s legal encyclopedia entry on Oregon wills.