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Does a will need to be notarized to be legal software#
Quicken WillMaker and Trust Software 2022 By Nolo – Estate Planning Software Includes Will, Living Trust, Health Care Directive, Financial Power of Attorney Love California Golden State Flag Heart Standard edition includes a customized estate plan, will, revocable living trust (individual and shared), health care directive, durable power of attorney for finances, and other essential documents. Notaries are commissioned by the Secretary of State and follow guidelines set forth in the most current Notary Public Handbook. At one time The State Bar of California advised notaries to decline requests to notarize wills unless a member of the Bar prescribed that course of action. What should you do if someone insists on a notary certificate for their properly signed will? There’s no rule against notarizing wills in California. The state of California requires that a will must be signed by the testator in front of two witnesses, and that those witnesses also sign the will. … the will shall be witnessed by being signed, during the testator’s lifetime, by at least two persons each of whom (A) being present at the same time, witnessed either the signing of the will or the testator’s acknowledgment of the signature or of the will and (B) understand that the instrument they sign is the testator’s will. Sadly, a few notaries out there will be happy to charge for notarizing wills without mentioning this fact. Without the required two witnesses, it’s money down the drain. More importantly, a notarial certificate alone doesn’t meet the requirements of California probate law. I don’t want anyone to feel I’ve collected fees under false pretenses. The bottom line is I’ve never notarized a will. None of the attorneys I work with on a regular basis have asked me to notarize a will, though I’m often called upon to witness them. Notaries routinely encounter wills when hired to do attorney-prepared estate plans, which always involve several notarized signatures. An Estate Plan Begins with a Will or Living Trust
The fact is, notaries who aren’t also attorneys are prohibited from offering legal advice to signers (a testator, in the case of a will). It’s pretty safe to assume that someone consulting with a notary about their will has not already spoken to a lawyer or done a bit of research online. Not once has someone called back to insist I notarize their will.
I always suggest they consult with an attorney or a respected legal website like for additional information. In every instance I mention that a will prepared in California doesn’t require notarization to be legal. Notarizing Wills in CaliforniaĮvery so often I’ll get a call from a prospective client who wants to have their last will and testament notarized.
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