Notarization

Notarizing documents ensures they’re legally binding while helping to prevent fraud.

Trust and Will Estate Plan Folder with Legal Documents

WHAT IS NOTARIZATION?

Make sure your documents are legally binding and recognized as authentic with notarization.

Notarization is the act of authenticating and certifying documents so there’s no question about them being fraudulent. Often referred to as a notarial act, notarizations happen in three steps. A Notary public officially witnesses the signing, identifies the signers and then seals the document.

There are three reasons why a document may need to be notarized. First, it guarantees that the signer is legally who they say they are. Second, it ensures that the signer is signing without any duress. And finally, it makes certain that the notarization can be verified and trusted long after the completion of the signing.

Notarization can certify that your estate planning documents are legally binding and authentic by adding a third, non-interested party who can oversee the process without expectation of any benefits or reward.

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WHEN YOU NEED IT

When would you need notarization?

There are a number of documents that may need notarization to be valid. Most often, these are legal forms of some type. You may need to get a document notarized if you’re:

Creating a Will
Establishing an Advanced Directive
Writing your Trust
Appointing an Executor
Naming a Guardian
Enacting a Power of Attorney (POA)
Filing custody agreements
Etc.

Elements of Notarization

Notarization isn’t difficult, but there are a few components that are necessary. Typically the following will be part of a notarization process.

Document Elements
The signer’s name must be present on the document. The signer must sign with an original (often in-person) signature. And, the notarial certification must be added, either as an attachment or actually on the document.
The Notary as Witness
There are three possible ways to witness a notarization: If the document or a notary certificate has the phrase “subscribed and sworn/affirmed to me,” the document must be signed in front of the notary.

Sometimes, a document is already signed when it’s brought to the notary. If this is the case, the notary will generally ask the signer to re-sign the document in his or her presence.

Finally, not all documents are required to be signed in the presence of a notary. However, usually the signer will still have to appear, state they are the official, legal signer and generally show a form of identification.
Verbal Administration
There are times when a verbal administration of an oath can be made. A question is asked such as: do you swear or affirm that the statements contained in this document are true.

Learn More

Elements of Notarization

Notarization isn’t difficult, but there are a few components that are necessary. Typically the following will be part of a notarization process.

Document Elements
The signer’s name must be present on the document. The signer must sign with an original (often in-person) signature. And, the notarial certification must be added, either as an attachment or actually on the document.
The Notary as Witness
There are three possible ways to witness a notarization: If the document or a notary certificate has the phrase “subscribed and sworn/affirmed to me,” the document must be signed in front of the notary.

Sometimes, a document is already signed when it’s brought to the notary. If this is the case, the notary will generally ask the signer to re-sign the document in his or her presence.

Finally, not all documents are required to be signed in the presence of a notary. However, usually the signer will still have to appear, state they are the official, legal signer and generally show a form of identification.
Verbal Administration
There are times when a verbal administration of an oath can be made. A question is asked such as: do you swear or affirm that the statements contained in this document are true.

Learn More

TRUST & WILL

It's the smart, modern way to create & manage your estate planning documents.

1

Make a list of your goals.
List your goals for your Estate Plan. Think about where you are in life right now, and where you want to go. Having this understanding allows you to seek out an estate planning attorney who can provide exactly what you’re looking for.
2

Talk to several estate planning attorneys.
Talk to more than one estate planning attorney before you decide who to work with. You’ll find they all have a different way of working with clients, and some will seem like a better “fit” for your style. That’s OK...you want to trust them and have confidence in what they’re doing for you.
3

Understand the fees.
One of the major reasons people tend to put off estate planning is they’re afraid of the cost. Don’t let that deter you. Working with the right estate planning attorney means it needs to be a good financial fit, too. When you work with a Trust & Will estate planning attorney, it can be the best of both worlds...you get the expert estate planning advice you know you can trust, but it’s also affordable!

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