Notarizing Estate Planning Documents — Wills and Trusts

A self-proving will is a will with an attached affidavit, notarized by the testator and witnesses, that proves the will is valid without calling witnesses to testify in probate court. Notarizing a will to make it self-proving is one of the most important services notaries provide—it saves heirs thousands in probate costs.

Requirements vary by state, but typically include: the testator (person making the will) must appear and sign, two witnesses must sign and appear, and all signatures must be notarized (or at minimum, acknowledged). Some states have specific language required on the self-proving affidavit.

Living trusts are increasingly common. Notarization of living trusts is optional in many states but often requested by clients or estate planners for added assurance. Some trust provisions require notarization (power of attorney provisions, trustee appointments). Know your state's specific trust requirements.

Mistakes that create problems: notarizing when the testator seems confused about document contents, notarizing with fewer than the required witnesses, or failing to notarize the correct pages. These errors can invalidate the entire estate plan and create liability for the notary.

Develop relationships with: estate planning attorneys, elder law practices, financial advisors, and CPAs. These professionals regularly need notarization services for clients' estate planning documents. Offer quick turnaround and reliability—you'll become their preferred notary.