When it comes to estate planning, notaries perform the very important duty of ensuring the validity of estate planning documents. The role of notaries helps the estate planning process move along smoothly. Below is a detailed examination of the role that notaries play in the estate planning process.
Who is a Notary and What is Their Purpose?
A notary is a government-licensed official who verifies the identities of the parties signing legal documents and witnesses the signing. The main purpose of notarization is for an impartial government-appointed individual to prevent fraud from occurring, while also making any documents signed legally binding. By having your estate planning documents notarized, it will prove that all parties involved were verified by the notary, that the parties’ signatures are legitimate and the signatures were executed willingly.
Do You Need to Have Estate Planning Documents Notarized?
The answer to the above question can be complicated; while some estate planning documents need to be notarized, others (including wills) sometimes do not need to be notarized. However, it is highly recommended to do so, as having the document notarized can speed up what may otherwise be a drawn out court process following your death. It is also important to note that notarization requirements will vary from state to state.
What Happens if You Do Not Have Your Estate Planning Documents Notarized?
If you do not have a notary present during the creation of your estate planning documents, there is a good chance that the documents – whether it be your will, power of attorney, etc. – can be challenged in court. Having your estate planning documents notarized can increase the likelihood of the documents being deemed valid by the court.
How Does a Notary Work to Ensure Documents Are Legitimate?
Notaries are state-appointed officials who possess knowledge regarding coercion or deceit, and work to ensure that all documents being signed are done so willingly by the appropriate parties. Vulnerable parties, such as seniors, may become victims of fraud or other undue influence; having a notary witness the signing of estate planning documents ensures this is not the case.
How Do Notaries Keep a Record of Signed Documents?
Other than validating the identities of the signing parties and witnessing the signing, notaries also keep detailed records of the documents signed. Records include the following:
- Who signed the documents
- The date the documents were signed
- The types or documents that were signed
These records can play a vital role in determining the legitimacy of your estate planning documents should that ever come into question during a court process.
In summary, notaries play a very important role in the estate planning process. By having your estate planning documents notarized, it can save you and your loved ones from future complications should the validity of your estate planning documents ever come into question.
For any questions regarding the notarization of your estate planning documents, or any of your other estate planning needs, we are here to help. Contact us today to learn more about how we can work with you.
For more information regarding various estate planning and elder law topics, view our resources page, where you will be able to find previous blog articles, newsletters and our informative webinar series.
