Pennsylvania wills are valid with the testator's signature alone, but at probate the Register of Wills needs the witnesses to prove the signature. A self-proving affidavit, signed by the testator and two witnesses in front of a notary, replaces that step, so nobody has to track down a witness who moved away twenty years ago.
Trust documents, deeds moving property into a trust, certifications of trust and beneficiary designations round out the typical estate signing. Attorneys book me for signing ceremonies at the client's home; families book online sessions when heirs are spread across the country.
What it is
A will directs what happens to your property after death and names an executor. A self-proving affidavit is a sworn statement attached to the will in which the testator and the witnesses confirm the will was properly signed. A trust is a separate instrument holding property for beneficiaries; funding it often requires notarized deeds and account forms.
Who signs, and who has to be there
For a self-proving will: the testator and two witnesses, all present at once, each with photo ID. For a trust: the settlor and sometimes the trustee. For a deed into trust: every current owner. The attorney who prepared the documents usually explains the signing order; I run the notarizations.
The notarial act
The self-proving affidavit is a jurat: the testator and each witness swear to the affidavit's statements and sign in my presence. Pennsylvania's form combines them into one certificate with one notarial act for the testator and the witnesses together, though some attorney-drafted forms use separate certificates (one act each). Trust acknowledgments are one act per signer. I can't tell you whether this is the right document for your situation or what it does legally; that's for an attorney. I can tell you what the law requires for the notarization itself.
Online or in person?
Yes. Pennsylvania permits remote online notarization of a self-proving affidavit and of trust instruments; the testator and both witnesses join the same video session with their IDs. Your attorney should confirm the execution procedure for your documents; many prefer an in-person ceremony with original signatures, and I'm happy to come to the office or home.
Pennsylvania notes
- A Pennsylvania will may be made self-proving by an affidavit of the testator and the witnesses taken before an officer authorized to administer oaths (20 Pa.C.S. § 3132.1).
- Pennsylvania does not require a will itself to be notarized; the affidavit is what gets notarized.
- I don't draft or review wills or trusts and can't advise on their effect; the attorney who prepared them is the right person to ask.
- A deed conveying real estate into a trust must be acknowledged and recorded like any other deed.
Common mistakes
- Using a beneficiary or the executor's spouse as a witness.
- Signing the will before the notary and witnesses are together.
- Forgetting the second witness, which makes the affidavit useless.
- Notarizing a will when the testator can't say what it is; I'm required to stop.
- Leaving the deed into trust unsigned, so the trust is never funded.
A notary public is not an attorney and cannot give legal advice, choose your certificate, or complete the document for you. This guide is preparation, not advice; your attorney or the recipient decides what the document must contain.