Notary for Trust Documents

Creating a living trust is one of the most effective estate planning tools available to California residents. While the trust document itself does not always require notarization under state law, there are compelling reasons to have it notarized — and several related documents that absolutely must be notarized. Here is what you need to know about getting your trust documents properly executed.

Does a Living Trust Need to Be Notarized?

In California, a living trust is technically valid without notarization as long as it is signed by the trustor (the person creating the trust). However, most estate planning attorneys strongly recommend notarizing your trust for the following reasons:

• Prevents challenges: A notarized trust is much harder to contest than an unnotarized one. The notarization proves the trustor's identity and willingness.
• Required for real estate: If you are transferring property into your trust (which most people do), the deed transfer must be notarized anyway.
• Institutional acceptance: Banks, brokerage firms, and title companies are more likely to accept a notarized trust without question.
• Proof of execution: The notary's journal entry provides an independent record of when the trust was signed and by whom.

Trust-Related Documents That Require Notarization

Even if you choose not to notarize the trust itself, several related documents must be notarized:

Trust Transfer Deeds

When you transfer real property into your trust, the deed must be notarized and recorded with the county. This is the document that changes ownership from you personally to you as trustee of your trust.

Certification of Trust

A certification of trust (also called an abstract of trust) is a shortened version of your trust that proves the trust exists and identifies the trustee. Financial institutions and title companies often require this document, and notarization makes it more widely accepted.

Pour-Over Will

A pour-over will directs any assets not already in your trust to be transferred into it after your death. While California does not require wills to be notarized, adding a notarized self-proving affidavit simplifies the probate process.

Powers of Attorney

Estate planning packages typically include durable powers of attorney for financial matters and advance healthcare directives. The durable financial POA must be notarized in California.

The Trust Signing Process

A complete estate planning signing often involves multiple documents and multiple signers. Here is what to expect:

1. Prepare all documents: Your attorney prepares the trust, deeds, powers of attorney, healthcare directives, and any other necessary documents.
2. Schedule the notary: Arrange for a notary public to be present. Many attorneys have notaries on staff, or you can hire a mobile notary.
3. Gather signers: For a married couple's joint trust, both spouses must be present with valid photo IDs.
4. Sign all documents: The notary witnesses all signatures and notarizes each document requiring notarization.
5. Record deeds: The notarized transfer deeds are filed with the county recorder to complete the property transfers.

Trust Amendments and Restatements

If you need to make changes to your trust, trust amendments should also be notarized. This is especially important if the amendment changes trustees, beneficiaries, or involves real property. A complete trust restatement (which replaces the original trust) should be treated with the same formality as the original and notarized.

Cost of Trust Document Notarization

Trust signing packages typically involve multiple signatures across several documents. At California's rate of $15 per signature, a typical trust package for a married couple might cost $60 to $120 in notary fees. Mobile notary travel fees add $25 to $75.

Finding a Notary for Your Trust Documents

For trust signings, choose a notary experienced with estate planning documents. They should be comfortable handling multi-document signings and familiar with California trust requirements. Whether you are in Beverly Hills, Pasadena, or Glendale, our Los Angeles notary directory can connect you with qualified professionals.