Your Cookies are Disabled! sets cookies on your computer to help improve performance and provide a more engaging user experience. By using this site, you accept the terms of our cookie policy. Learn more.

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


Add your comment


10 Apr 2017

Can CALIFORNIA notaries notarize a trust? For example, client comes in executing trust by signing the trust itself and then get signature this allowed in CALIFORNIA and if so, are there any limitations to notarizing trust? Thank you!

National Notary Association

11 Apr 2017

Hello. Yes. A California Notary may notarize a trust. It is just like any other notarization: scan the documents for blanks and make sure the certificate wording complies with state law. However, if the trust includes real property you must obtain a thumbprint in your journal.

Leave a Comment

Required *

All comments are reviewed and if approved, will display.