Guide to Notarizing Estate Planning Documents
Notarization requirements for estate planning documents vary by state and by document type. Some documents must be notarized to be legally effective, while others may require witnesses instead of, or in addition to, notarization.
TotalLegal provides state-specific signing instructions with completed estate planning documents. These instructions explain whether the documents require witnesses, notarization, or both.
What Is a Notary Public?
A notary public is an official authorized by the state to serve as an impartial witness to the signing of certain documents. The notary verifies the identity of the person signing and completes the required notarial certificate.
Do Estate Planning Documents Have to Be Notarized?
It depends on the type of document and the law of the state where the document will be used. The state-specific signing instructions included with TotalLegal documents should always be followed.
Last Will and Testament
Usually, the Will itself does not need to be notarized. Most states require a Will to be signed in the presence of witnesses instead. However, a Self-Proving Affidavit that accompanies the Will may need to be notarized.
A Self-Proving Affidavit can make it easier for the Will to be accepted during probate by providing sworn confirmation that the Will was properly signed.
Living Will
Living Will requirements vary by state. Depending on the state, a Living Will may need to be witnessed, notarized, or either witnessed or notarized.
Follow the state-specific signing instructions included with the Living Will to determine which requirements apply.
Durable Power of Attorney for Health Care
A Durable Power of Attorney for Health Care may require witnesses, notarization, or both, depending on state law.
The state-specific signing instructions included with the document will explain how the Durable Power of Attorney for Health Care must be completed.
Durable Financial Power of Attorney
Financial Powers of Attorney are commonly notarized. Some states also require witnesses.
Because Financial Powers of Attorney are often presented to banks, financial institutions and other third parties, proper execution is especially important. Follow the state-specific signing instructions included with the document.
Real Estate Deeds
Real estate deeds generally must be notarized before they can be recorded with the appropriate government office. Recording requirements vary by state and locality, so any additional instructions included with the deed should also be followed.
Where Can I Find a Notary?
Notaries are often available at banks, credit unions, law offices, shipping stores and government offices. Some businesses limit the types of documents their notaries are permitted to notarize, so it may be helpful to call ahead.
Online notarization may also be available. Remote online notarization allows a signer to meet with a commissioned notary by live video, verify identity electronically and complete the notarization without visiting a notary in person.
For more information, see How to Notarize a Document Online.
What Identification Will I Need?
A notary must verify the identity of the person signing the document. Common forms of identification include a current driver's license, state identification card, passport or military identification.
The identification requirements that apply will depend on state law and the notary performing the notarization.
How Much Does Notarization Cost?
Notary fees vary by state and by the type of notarial service being provided. Some banks and other organizations may offer notary services to customers at little or no cost.
Online notarization services may charge a separate fee for each notarization session.
Before Signing Your Documents
Do not sign a document before meeting with the notary if the signature must be witnessed by the notary. Review the state-specific signing instructions included with the TotalLegal documents before signing so that all witness and notarization requirements can be completed correctly.