California Notary Public - Silicon Valley/San Jose
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California law does not require a living trust or will to be notarized. It also allows a notary to act as a witness on the same document.
A living trust may have a clause that certifies the grantor which makes notarization "self-proving" for probate court if contested. Also, the trust certificate requires notarization for third-party use such as banks and financial institutions.
A will is typically prepared in conjunction with a living trust. The will itself may not need notarization. But, a Testamentary affidavit which is a separate document signed by the grantor, witnessed by two independent witnesses, and notarized, without including the notary as a witness. This avoids a conflict of interest when notarizing and witnessing the same document.
Independent witnesses acknowledge in front of a notary that they saw the testator sign the will and that the testator acknowledged it was their will. It helps speed up the probate process by having the witnesses declare the will's authenticity under penalty of perjury.
The notary notarizes the signature of the grantor and not the witnesses. But, it becomes a "self-proving" affidavit meaning the court won't need to contact the witnesses to verify the will's authenticity during the probate process. The witnesses, not the notary, are the ones attesting to the will's validity, so the notary does not act as a witness to the will itself, but rather to the notarial act of the affidavit.
Each trust has its specific requirements and it is best to consult a living trust lawyer.
email Rick Chehab, Notary Public, Certified
or Call 408/800-7028