New York State Notary Practice Exam

Are notaries public allowed to execute wills?

1. Yes, they are allowed

2. No, they are prohibited

3. Only with attorney supervision

4. Only if the will is notarized

The correct answer is: No, they are prohibited

Notaries public in New York State are not authorized to execute wills. The role of a notary is to serve as an impartial witness to the signing of various documents, but executing wills is reserved for individuals who have the legal authority to create and plan estates, typically attorneys who specialize in probate law. Given the complexities and legal implications involved in will execution, the law prohibits notaries from this specific function. While notaries can acknowledge signatures on a will or other documents and ensure the parties involved understand what they are signing, they do not participate in the creation of the will itself. The focus for notaries public is to prevent fraud by verifying identities and ensuring that documents are signed willingly and in the presence of the notary, rather than acting as legal advisors or document creators.