Are Your Estate Planning Documents Actually Legally Protected In Los Angeles?
Most of the time, after it is all over, people are relieved. They sit with an attorney, sign the stack of documents, and receive a folder to stick in a drawer. Their work is done.
Except for the occasional situation where it isn't.
In California, signing an estate planning document and having legal protection are not the same things. Some of the most vital estate planning documents, the ones families depend on most heavily in times of need, are only legally valid if they are also correctly notarized. And “correctly” is key. Expired seals, non-properly identified signers, and signing prior to the notary's presence can all cause invalidity.
This post will look at California estate planning documents that are required to be notarized, what happens when they are not, and how a certified estate planning notary in Los Angeles can help to fill those gaps, ideally before a crisis.
Which Estate Planning Documents Require Notarization in California?
Not all documents within your estate plan need to be notarized; however, the ones that do are precisely those that your loved ones need if you're incapacitated or admitted into the hospital. The documents have been broken down by document type below:
Revocable Living Trust
California law does not require the living trust itself to be notarized as a prerequisite for validity, but many attorneys notarize it anyway and do so for a very good reason. Banks, title companies and other financial institutions typically require notarized trust instruments before they will honor the trustee's actions. Even more important, any real property that is placed in the trust must be transferred into the trust via a notarized grant deed or quitclaim deed, which is then recorded with the County Recorder, or it is not legally in the trust, regardless of the trust provisions.
An underfunded trust that was never correctly conveyed via a notarized and recorded deed is basically incomplete. Estate planning document notary service includes notary signing of the trust and the related deeds, if any.
Durable Power of Attorney
In California, a durable power of attorney must be acknowledged before a notary or two suitable adult witnesses; no witnesses should be the named agent or anyone who is a relative or would inherit the principal's assets. Notarizing is far superior in almost every circumstance. Financial institutions often will not accept a power of attorney that is only witnessed. If a witnessed document is not accepted, the agent the principal appointed to manage finances will be out of options.
We have a power of attorney notary service so we will make sure it is done in a way that institutions will not ask any questions.
Advance Healthcare Directive
California Health & Safety Code 4701 provides that a durable healthcare directive (living will) should either be notarized or signed before two qualified witnesses. The witness rules for durable healthcare directives are particularly stringent: neither witness can be the healthcare provider, an employee of the patient's healthcare facility, nor an heir of the patient. In the absence of proper witnesses, whose qualifications would later be brought into question, a hospital would be unlikely to abide by such a directive.
See our article on the subject of needing to have critical estate documents notarized quickly while a loved one is in the hospital by visiting our related page: Who Can Get Critical Documents Signed in a Hospital?.
Last Will and Testament
There is no notarization required for a will in California. However, estate planning attorneys will often include a "self-proving affidavit," which is signed by the witnesses, with their signature notarized. This affidavit is sworn to by the witnesses that the will was signed correctly. If no self-proving affidavit is included with the will, the will may not only have to go to probate but may require witnesses to appear in court to testify they witnessed the signing of the will. If any witness is unavailable (due to being dead, having moved out of state, etc.), the validity of the will is questioned. This wastes time and money the estate does not need to waste.
Real Estate Deeds
There is absolutely no room for error in this. California requires deeds (whether Grant Deeds, Quitclaim Deeds, or Interspousal Transfer Deeds) to be notarized before they can be recorded with the County Recorder. An unnotarized deed is not a recordable deed, and an unrecorded deed provides no constructive notice to third parties and can be a headache to clear up, even after years have passed. Any real estate instrument by which title to real property is transferred (this can include trust transfers) must have a commissioned notary.
What Goes Wrong When Estate Planning Documents Are Not Properly Notarized
These aren't edge cases. They are the expected consequences of omitting the notarization step or doing it quickly or wrong.
The Bank Rejects the Power of Attorney
A relative shows up at the bank with a Power of Attorney and attempts to access an account belonging to their parents while the parents are in the hospital. The bank's compliance department examines the document and refuses to honor the POA because, while it was witnessed by two individuals, it has not been notarized. The bank has a policy requiring a notarial seal on any power of attorney exceeding a designated asset level. The agent has no authority to act until a new, properly notarized POA has been issued. It may not be possible to reissue the POA if the principal has now become incapacitated.
The Healthcare Directive Is Not Honored
A patient comes into the Emergency Room. The family brings in an Advance Healthcare Directive which specifies how they would like to see the patient treated. The hospital attorney objects to the document on the basis that one of the two required witnesses was employed by the patient's nursing home and therefore cannot legally witness the document under California law. As the document is incorrectly signed, the physician must make medical decisions based on their own assessment and the patient's family's oral input.
The Trust Doesn't Own the Property
Married couples spend several thousand dollars on a living trust in order to move the home out of the probate process. They execute the trust documents, and it appears to be proper, and then the living trust documents are filed away. When the surviving spouse dies, the successor trustee realizes that the deed to put the home into the living trust was not executed or that if it was, it was never properly notarized and filed. Thus, the house is legally still titled in the name of the deceased and the house is subject to the probate process. This is precisely what the living trust was supposed to prevent.
The Will Is Contested in Probate
The will is subject to probate because it does not have a notarized self-proving affidavit. One of the two witnesses who attested to the will at execution has passed away. The other is elderly and doesn't remember the signing well enough to convince a court. A distant heir who would be entitled to the property if it passes by intestacy challenges the will. A protracted, costly dispute is born where a notarized affidavit would have obviated any issues.
Why a Mobile Notary Makes Sense for Estate Planning in Los Angeles
The reality of notarizing estate planning documents can be much more difficult in practice. A signing ceremony of a living trust generally must involve both spouses present and signing at the same time. A power of attorney might also require witnesses in addition to a notary. An advance directive has very strict disqualification rules for the witnesses. You're likely not going to have everyone crammed around a notary counter while a line of people is impatiently waiting to sign.
A trip to a notary in LA County traffic is a problem for the elderly or infirm and 24HourNotaryLA comes to the client's home, their attorney's office or even their assisted living facility. We will make separate travel plans if the client is in a hospital or assisted living; see our assisted living/hospital notary service section on how we make it happen.
Since estate planning requires one to reveal information regarding his/her financial situation, the family, sensitive decisions concerning when to receive life support, etc., it is more suitable to have the signature executed at the home of the signer, where he/she is comfortable and has control, rather than a public notary desk.
To be thorough, we manage the entire appointment; all IDs are checked, signer order is managed, every notarial certificate agrees with the document and signer and the notary journal entry is done for each seal. Documents are not hurried through.
Urgency necessitates speed; the new illness diagnosis, surgery, and foreign departure all create tight deadlines where documents need proper notarization quickly. While you search "notary near me Los Angeles County" hoping for same-day availability, this is the normal operating procedure, not special circumstances, for 24HourNotaryLA.
As a mobile notary Los Angeles County families can access 24 hours per day, we have had to execute estate plan documents at 7 AM prior to hospital admission and 10 PM prior to an international departure.
How 24HourNotaryLA Handles Estate Planning Appointments
Here is exactly what is required:
Call (310) 975-4869. Let us know what documents you want notarized, number of signers involved and your specific location in Los Angeles County and we will check availability and times.
Collect documents. The attorney you retained will draft and provide all estate planning documents. Documents must arrive at the appointment unsigned and complete. Notary is only there to witness the signing; we do not draft or advise on legal documents, and we do not alter them.
Bring current, unexpired identification for all signers. Examples: A California driver's license, U.S. Passport, and any State ID are accepted. You must bring unexpired valid identification with you to the appointment for each person who requires a signature.
Arrange for any witnesses. Some documents need more than just a notary; they may also need one or two witnesses. If so, please inform us in advance so we can arrange for a properly witnessed signature.
We will show up, take your identification, witness each signature individually, and then affix our notarial seal and make a journal entry of each notarization. The average estate planning appointment is between 30-60 minutes. Multiple documents and multiple signers, such as in a complex trust signing, can take more time.
One hard rule is important for us to be clear about: 24HourNotaryLA will notarize estate planning documents drafted by qualified professionals, lawyers. We cannot prepare legal documents for you, offer legal advice or recommend how to build your estate plan. This responsibility lies with a licensed California estate planning lawyer.
Don't Leave Your Estate Plan Unprotected
Your estate plan stashed away in your desk drawer is only as good as its notarizations. If a piece of paper was signed off on without the correct notarial stamp (or without one that meets California's guidelines), the safeguards you are relying on may fall short at your family's moment of greatest need.
Our notary is NNA Certified, licensed, bonded, and insured for $1 million in errors and omissions. In nine years we have served Los Angeles County families with estate planning document notarizations. A simple signing around the kitchen table, a time-sensitive amendment to a trust before an operation, and deeds needing to be recorded by afternoon.
Or, call or text us at (310) 975-4869 and get a same-day notary appointment any day of the year, 24/7.
See the full range of documents we notarize by visiting our estate planning document notary service.
And for a full picture of how 24HourNotaryLA serves Beverly Hills and all of Los Angeles, start with our pillar guide: How Beverly Hills Mobile Notaries Bring Reliable Help Anywhere.
Frequently Asked Questions
Does a living trust need to be notarized in California?
There is no absolute legal requirement under California law for the trust document itself to be notarized. However, if real property is to be placed in a trust, it is essential to do so via a notarized, recorded deed. Many attorneys will notarize the trust document in practice because this is almost always required by banks and title companies.
Does a power of attorney need to be notarized in California?
Yes, in practice. California Probate Code 4121 requires a durable power of attorney to be either notarized or signed in the presence of two witnesses qualified to serve as a witness to a will. Notarization is preferable; banks commonly reject powers of attorney with only witnesses.
How much does an estate planning mobile notary cost in Los Angeles?
The State of California sets limits on notary fees and only allows for $15.00 for each signature to be notarized. There will be a travel fee with 24HourNotaryLA, which varies based on the location in Los Angeles County. You will get an immediate quote over the phone at (310) 975-4869 - there are no hidden fees.
Can a mobile notary come to my home for estate planning documents in Los Angeles County?
Yes. Mobile notary for estate planning documents 24HourNotaryLA covers all of Los Angeles county from Beverly Hills to Pasadena and the South Bay to the San Fernando Valley, and they offer same-day appointments. Call or text them at any time at (310) 975-4869.
What if my estate planning documents already exist?
Only if the initial notarization was flawed or incomplete or if the documents have been subsequently altered. If uncertain, ask a California lawyer to examine documents prior to having them re-notarized. 24HourNotaryLA will provide same-day house calls for this service.
24HourNotaryLA is a Los Angeles-based mobile notary public, certified and ready for your every notary need. Licensed, bonded, NNA Certified, and $1ME & O insured, we come to you anytime, day or night, throughout all of Los Angeles County, including Beverly Hills, Pasadena, Santa Monica, the South Bay and the San Fernando Valley.