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Notary Bulletin

Hotline Tip: Notarizing Living Trusts

NNA Hotline Tips For Notaries

When asked to notarize a will, I suggest that the person consult an attorney prior to notarization. Does the same recommendation apply to a living trust?

– K.B., Roanoke, VA

If someone asks you to notarize a will, you may suggest they get legal advice first or proceed to notarize it. You will need to ensure the will has a notarial certificate, and if it does not, the signer will need to tell you whether to take their acknowledgment or administer an oath (jurat).The same thing applies to living trusts. You can notarize those documents as long as you are specifically directed by the signer as to what kind of notarization (acknowledgment or jurat) the living trust requires.

Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. –The Editors

Kelle Clarke is a Contributing Editor with the National Notary Association.

 

Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained NNA Hotline counselors to help you with all of your notarial questions. Call (888) 876-0827Monday through Friday, 5 a.m. to 7 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST

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