Your Estate Planning Notarization Guide
As a certified Notary Signing Agent I can assist you with your Estate Planning signing process with accuracy and confidentiality
What documents might be included in an Estate Plan?
Estate Planning packages often include Last Will & Testament, Revocable Living Trust, Living Will, Advanced Directives such as Do Not Resuscitate (DNR) orders, Powers of Attorney (POA), Health Care POA, and Health Care Proxy.
Not all of these documents require notarization, but they do require signing and in some cases witnesses.
When should I prepare an Estate Plan?
The best time to create an Estate Plan is now.
As a Notary Public, I am often called to the bedside of a someone who is unable to manage their affairs due to illness or has learned they may not have much time. When our affairs are in order before this happens, we can have peace of mind instead of struggling with last minute planning.
Who can notarize my Estate Planning Documents?
As a Notary Public and certified Notary Signing Agent, I assist clients, lenders, and attorneys in completing the signature requirements of Estate Planning and financial documents.
When your important Estate Planning documents are ready to sign, I look forward to being the trained professional that helps you finalize this important task.
Prepare For Your Estate Plan Signing Step-by-Step
The signing of your Estate Plan, Living Will, or Advanced Directives is an important event and requires attention to detail. To prepare for an error-free signing, the steps below may be helpful:
- Hire a Professional Notary in your state
- Confirm that your state-compliant documents are accurate and complete- check for common mistakes such as beneficiaries, spelling, account details, addresses
- Ensure that all parties required to sign are available for the final signing of your documents- primary signers, agents, witnesses, Notary Public
- Confirm ID requirements and that IDs are available for your Notary to review at the time of the signing
- Prepare to sign at a location where there are minimum distractions and a clear workspace so attention be focused on the task at hand
Make Sure Your Documents Are Compliant With Your State Laws
An Estate Plan should be valid and compliant with your state’s laws to ensure that your final wishes are respected and adhered to. Common documents that may be included in an Estate Plan include:
- Will
- Living Will
- Trust
- Do Not Resuscitate
- Durable Power Attorney
- Health Care Proxy
- Advanced Healthcare Directives
- Beneficiary Designations
- Guardianship Designations
- HIPAA Authorization
New York State Provides Guidance For Advanced Directives
The New York State Attorney General’s office provides guidance on Advanced Directives and what is needed in our state. You can find this information at this link:
New York State Advanced Directives Information Website
Printable Version
Your Estate Plan Determines Your Wishes
As a Notary Public, I am often called to the bedside of someone who has not planned ahead for life, medical, and financial emergencies. When you don’t have a plan in place, someone else will make determinations with regard to your medical care, financial needs, and final arrangements. With an Estate Plan, YOU decide what happens when you are incapacitated or at the end of your life.
An Estate Plan is a great idea at ANY age. Don’t be caught unprepared. Let your wishes be known and document them in an Estate Plan and/or Advanced Directives.
Estate Planning Attorneys & Professionals Can Prepare Your Plan
If you are unsure of what you need and want to be sure all of your bases are covered, hiring a professional to prepare may be the right choice for you. A quick Google search, a trusted family attorney, or a referral from a friend can be your first step in the process of getting your wishes documented and preserved. This will likely be the more costly option. However, peace of mind is often worth the price.
Witness Requirements May Vary From State-To-State
Some of your documents may require witnesses in order to be compliant with your state. Some states advise that a witness should not have any interest in the documents you are signing. Ask your attorney or research your state requirements to learn best practices for witnessing the signing of your important Estate Planning documents.
Don’t let your documents be invalidated by using witnesses that have a conflict.
Estate Plans Make Navigating Loss Easier For Your Loved Ones
When an unplanned illness or death occurs, family and friends are left trying to navigate the pain and loss associated with the experience. Often, if the person who is incapacitated or has died does not have a plan in place in the event of such circumstances, the family is often left scrambling with arrangements, legal challenges, medical decisions, or final arrangements, they are unable to tend to their loved ones and themselves.
Don’t let this happen to those you love. Your Estate Plan can make the process easier and assist your loved ones in tending to you and themselves during such a difficult time.
It Is Important To Review and Update Your Estate Plan
It may be important to review and update your Estate Plan annually and after life changes. Common changes that may require an Estate Plan update include:
- Birth or adoption
- Marital status change
- Financial change
- Illness
- Disability
- Death
Be sure your documents reflect your current circumstances and your wishes by reviewing and updating them when necessary.
Estate Planning Documents Must Be Notarized Correctly or May Be Invalid
Professionally trained Notaries in your state are likely familiar with the documents that are included in your Estate Plan. By working with a Notary Public in your area, you may avoid errors and complete the signing of your documents in a way your state requires. A Notary Public’s role is to protect against fraud and to ensure your documents are signed correctly.
Signing with a Notary Professional in your state who is familiar with your documents can help prevent surprises at the time they are needed most.
Estate Planning Can Be Done By You (DIY)
There are many options for Do It Yourself document preparation. If you have a small estate or just want healthcare directives in place, a DIY plan may work for you. See the link above for New York State guidance on Advanced Healthcare Directives for more information.
Notaries in New York State are not attorneys and cannot prepare legal documents or advise you as to the accuracy of the contents.
Some common DIY document services include:
Law Depot (This is an affiliate link and may earn a commission on purchases made through this link.)
