What to Do If Your Bank Refuses to Notarize Your Estate Planning Documents

Understanding the Issue

Some Trust & Will customers have reported that certain banks and financial institutions are refusing to notarize their properly prepared estate planning documents. This typically happens when notaries at these institutions express concerns about standard legal language in the documents, particularly phrases like "of sound and disposing mind" or similar testamentary capacity statements.

Why This Happens

This refusal usually stems from a misunderstanding about a notary's role in the document execution process. Notaries are not being asked to make medical or mental assessments of the signer. Rather, they are simply:

1. Verifying the identity of the person signing

2. Witnessing the signature

3. Confirming the person is signing willingly

The standard legal language about being "of sound mind" is required by state law in most jurisdictions and does not place any additional burden of assessment on the notary.

Why This Language Matters

This language is standard in estate planning documents nationwide. Here are examples from several states: 

North Carolina

• North Carolina General Statutes § 31-1 states: "Any person of sound mind, and 18 years of age or over, may make a will."

• North Carolina General Statutes § 31-11.6 specifically includes the phrase "of sound and disposing mind and memory" in the statutory form for self-proving wills.

New York

New York Estates, Powers & Trusts Law § 3-1.1 states: "Every person eighteen years of age or over, of sound mind and memory, may by will dispose of real and personal property and exercise a power to appoint such property."

Florida

Florida Probate Statute Section 732.501 defines testamentary capacity as: "Any person who is of sound mind and who is either 18 or more years of age or an emancipated minor may make a will."

California

California law presumes all persons have capacity to make decisions (Probate Code Section 810). For testamentary capacity, the testator must be "of sound mind" and able to understand the nature of making a will, the nature of their property, and their relationships to beneficiaries.

Texas

Texas Estates Code Section 251.001 states: "A person of sound mind has the right and power to make a will if, at the time the will is made, the person: (1) is 18 years of age or older; (2) is or has been married; or (3) is a member of the armed forces..."

These examples demonstrate that the phrase "of sound mind" is standard legal terminology required by law across the United States.

Steps to Take If You Encounter This Problem

1. Educate the Notary

Politely explain that:

• The language is standard legal terminology required by state law

• The notary is not being asked to make any determination about your mental capacity

• Their role is simply to verify identity and witness signatures

• This language appears in statutes across multiple states

2. Bring Documentation

Consider bringing:

• A printed copy of your state's relevant statutes

• This article showing examples from multiple states

• A letter from Trust & Will explaining the standard language

• Contact information for Trust & Will's legal team if they have questions

3. Speak to a Manager

If the notary remains hesitant:

• Ask to speak with a branch manager or supervisor

• Explain the situation and the legal requirements

• Reference your state's notary laws that define their role

• Show them the examples from other states to demonstrate this is standard language

Alternative Notarization Options

If your bank continues to refuse notarization, you have several alternatives:

1. Use a Mobile Notary Service

Mobile notaries will come to your home or office, often for a reasonable fee. They typically have more experience with estate planning documents.

2. Visit a Shipping Center

Many UPS Stores, FedEx Office locations, and other shipping centers offer notary services and are accustomed to handling various legal documents.

3. Contact Your Local Attorney's Office

Many law offices offer notary services, even for documents they didn't prepare. They're familiar with legal language and requirements.

4. Check with Your County Clerk's Office

Many county clerk or recorder offices provide notary services for a nominal fee.

5. Online Notarization

Depending on your state, remote online notarization may be available through platforms that connect you with a notary via video conference.

When to Contact Trust & Will

If you continue to face challenges getting your documents notarized, please contact our customer support team. We can:

• Provide additional documentation explaining the legal requirements

• Connect you with resources in your area

• Help you understand alternative options specific to your situation

Conclusion

While it can be frustrating when a bank refuses to notarize your estate planning documents, remember that there are many alternatives available. The important thing is to ensure your documents are properly executed according to your state's requirements so they will be legally valid when needed.

Your estate plan is too important to compromise on proper execution. With a little persistence and the right information, you can get your documents finalized. 

Trust & Will makes estate planning simple so you can create a customized, state-specific plan from the comfort of your own home. Take our free quiz to discover which estate plan best fits your needs today, to secure your family’s future.

Is there a question here we didn’t answer? Browse more topics in our learn center, visit our Frequently Asked Questions (FAQ) page,  or chat with our member support!

Trust & Will is an online service providing legal forms and information. We are not a law firm and we do not provide legal advice.